Southampton marijuana dispensary Charlie Fox can operate in current location, court rules

A Southampton marijuana dispensary can stay at its current location following a court order that reverses a recent review by the state's Office of Cannabis Management that reinterpreted whether dispensaries were complying with state school-distance requirements.

The OCM said it had previously told dispensaries they could not be located within 500 feet of a school as measured from door to door, but found in August that the law requires the distance to be measured from a school’s property line. The court order by Acting Supreme Court Judge Keri E. Savona, which is in place until Feb. 16, allows impacted licensees and applicants to move forward under the door-to-door rule.

"OCM welcomes this order because it gives cannabis entrepreneurs and communities the stability they need," said Felicia A.B. Reid, acting executive director of OCM, in a news release. "Gov. Hochul is committed to protecting hardworking businesses so they can continue operating where they’ve already invested, while we work toward a permanent solution."

The only dispensary on Long Island that was deemed too close to a school is the Southampton cannabis dispensary Charlie Fox. The dispensary, which opened on Sept. 16, according to a news release, is owned by Birchwyn & Tess LLC.

Newsday previously reported that the dispensary, located at 471 County Road 39, was too close to the Tuckahoe School in violation of state law. 

"We were waiting for news of this kind for weeks," said Charlie Fox's co-founder James Mallios in an email statement to Newsday. "Now, hopefully, we can once again focus on our business rather than defending our right to operate."

The proximity issue is not the only problem Charlie Fox has faced.

Southampton Town attorney James Burke previously told Newsday that the dispensary had not gone through the permissions process for opening and had not obtained permits required of any new business, such as a certificate of occupancy or fire marshal inspection. 

Mallios told Newsday in an email last week that his business filed for a town permit “under protest to show good faith," Newsday reported. He said the dispensary submitted plans and traffic studies and has a certificate of occupancy. 

Representatives for Southampton Town could not be immediately reached for comment.

As part of the order, the OCM will pause the Applicant Relief Program, which was designed to cover some costs for applicants who were impacted, an OCM news release said.

Newsday's Denise Bonilla contributed to this story.