State error could force Southampton marijuana dispensary to move or close

A planned Southampton marijuana dispensary may have to relocate before it even opens after state regulators ruled it’s too close to a school.

Birchwyn & Tess LLC, which holds a Conditional Adult-Use Retail License and is located at 471 County Road 39, has been cited by the state Office of Cannabis Management for being too close to the Tuckahoe School at 468 Magee St. The one-building district serves pre-K through eighth grade, with students attending high school in either Southampton or Westhampton Beach, according to the school.  

The dispensary is not yet open for business and is one of 105 retail licensees across New York affected by a recent review ordered by acting OCM Executive Director Felicia A.B. Reid to determine whether dispensaries were complying with state school-distance requirements.

The agency said it had previously told dispensaries they could not be located within 500 feet of a school’s grounds. But the law actually requires the distance to be measured from a school’s property line — a change that could now leave some dispensaries out of compliance and facing closure or relocation.

The OCM said it has notified affected businesses and posted updated information on its website. It is also working with the governor’s office on legislation that would allow affected licensees to remain where they are, though it’s unclear if lawmakers will act.

Birchwyn & Tess had previously been approved by the state to open in March despite concerns raised by Southampton Town about its proximity to the school. The proposed dispensary is still in the pre-approval process, according to the town.  

Costas Mallios, the LLC’s listed agent with the state Department of State, and Tuckahoe School officials did not respond to Newsday’s request for comment Wednesday afternoon.