New York State AG Slams Southampton's Pot Shop Regulations as "Unreasonably Inpracticable" and Illicit.
In a scathing letter, New York State Attorney General Letitia James' office has declared Southampton's efforts to regulate cannabis shops, including Brown Budda dispensary, "unreasonably impractical" and flat-out illegal.
The town's local zoning code, specifically section 330-162.26, is deemed preempted and invalid by the state's Cannabis Control Board, according to the letter sent to US District Judge Joanna Seybert on November 28.
Southampton had attempted to implement permits, fees, and zoning hurdles that directly conflicted with state cannabis laws. The town allegedly tried to stick Brown Budda with a $40,000 bill for a sidewalk it didn't need.
The AG's office claimed the town code imposed additional restrictions beyond those required by state law, interfering with uniform statewide rules for cannabis licensing. This meant Southampton had no basis to stand in the way of a state-licensed operation.
Brown Budda CEO Marquis Hayes opened the shop without town approval last month, prompting local officials to seek court action. The AG's office intervened after Hayes' defiant decision, sending the letter to Judge Seybert as part of the ongoing case between the town and the dispensary.
State regulators had previously voided most of Southampton's rules in October, citing them as overly stringent and designed to block legal dispensaries from opening. However, the town continued to claim Brown Budda was responsible for constructing an estimated $40,000 sidewalk before its east-end storefront.
In response to the AG's letter, a spokesperson for Brown Budda said it was vindicated, with the move potentially saving at least two years of lost business.
In a scathing letter, New York State Attorney General Letitia James' office has declared Southampton's efforts to regulate cannabis shops, including Brown Budda dispensary, "unreasonably impractical" and flat-out illegal.
The town's local zoning code, specifically section 330-162.26, is deemed preempted and invalid by the state's Cannabis Control Board, according to the letter sent to US District Judge Joanna Seybert on November 28.
Southampton had attempted to implement permits, fees, and zoning hurdles that directly conflicted with state cannabis laws. The town allegedly tried to stick Brown Budda with a $40,000 bill for a sidewalk it didn't need.
The AG's office claimed the town code imposed additional restrictions beyond those required by state law, interfering with uniform statewide rules for cannabis licensing. This meant Southampton had no basis to stand in the way of a state-licensed operation.
Brown Budda CEO Marquis Hayes opened the shop without town approval last month, prompting local officials to seek court action. The AG's office intervened after Hayes' defiant decision, sending the letter to Judge Seybert as part of the ongoing case between the town and the dispensary.
State regulators had previously voided most of Southampton's rules in October, citing them as overly stringent and designed to block legal dispensaries from opening. However, the town continued to claim Brown Budda was responsible for constructing an estimated $40,000 sidewalk before its east-end storefront.
In response to the AG's letter, a spokesperson for Brown Budda said it was vindicated, with the move potentially saving at least two years of lost business.
... Southampton's trying to play hero by regulating pot shops and now they're getting schooled by the state AG 
. It's like, come on guys, you can't just make up your own rules and expect everyone else to follow 'em 
. Brown Budda was right to open up shop without town approval - they were just trying to get ahead of things 
. And now the AG is stepping in to protect them from Southampton's overreaching efforts 
. It's about time someone told those local officials to chill out 
... all this drama could've been avoided if they'd just followed state law 
... sigh, I guess some people just wanna make a name for themselves by trying to shut down dispensaries 
. Meanwhile, back in Southampton, it sounds like the town was trying to get all up in the AG's grill over some cannabis shop regulations... but let's be real, who needs that kind of drama? Can we talk about something else for a sec? Like, have you tried that new pizza place downtown? I heard their slices are on point 
.
... 40k dollars is a pretty steep price to pay for trying to regulate cannabis shops too 
... and now it's like, the town is just sitting there doing nothing 
. Brown Budda should've just played by the rules if they wanted to set up shop there. And btw, $40k for a sidewalk they didn't need? That's just crazy talk 
. I think its actually refreshing that someone like Marquis Hayes is willing to take a stand and open up shop despite all the obstacles in his way 
And $40k for a sidewalk they didn't even need? That's not "unreasonably impractical" that's just plain ridiculous. The fact that they tried to do it anyway and now have to deal with the AG's office breathing down their neck is pretty entertaining. I guess you could say they're getting what's coming to them... 
. Maybe it's time for them to revisit their approach on regulating cannabis shops? 
I'm low-key livid that Southampton tried to regulate cannabis shops 
like they're some kind of illicit underground market 
. Who needs all those extra fees and permits, anyway? 
. Let's keep it simple, let dispensaries open up and provide people with what they need 
. Brown Budda should get a pass on that sidewalk thing, tbh 
.
. This is all good news for cannabis lovers in the area, and Brown Budda's got this! 
. The state is clear on their stance and it's just common sense that local rules can't override federal law 
... now we see why they're getting roasted for being so inflexible 
. I mean, who needs a $40k sidewalk bill for a shop they didn't even need? That's just crazy talk 
. The town code is all over the place and it's crazy that they tried to hit Brown Budda with a $40k bill for something they didn't even need lol! 
Like, what's next? They'll try to charge them rent on air 
. The town thought they were doing the right thing, but apparently, they went against what the state wanted.
And now, he's got a reprieve thanks to the AG's office. That's what I call taking a stand for what you believe in!
first off, let's talk about section 330-162.26 being deemed preempted and invalid by the state's Cannabis Control Board 
that's some serious layout rearranging right there! 
and then you've got the town trying to stick Brown Budda with a $40,000 bill for a sidewalk it didn't even need 
it just goes to show that sometimes, simplicity is the best policy... or in this case, just following state law 
anyway, it's all good now that the AG's office has stepped in and sent that letter - i'm sure Brown Budda is breathing a sigh of relief 
. It'll be interesting to see how this all plays out in court, but for now, it's pretty clear that Southampton needs to take a deep breath and chill out