{"id":60194,"date":"2025-12-03T23:08:08","date_gmt":"2025-12-03T23:08:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/60194\/"},"modified":"2025-12-03T23:08:08","modified_gmt":"2025-12-03T23:08:08","slug":"exclusive-ny-ag-blasts-tony-southamptons-pot-laws-after-towns-attempt-to-block-state-approved-brown-budda-dispensary","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/60194\/","title":{"rendered":"Exclusive | NY AG blasts tony Southampton&#8217;s pot laws after town&#8217;s attempt to block state-approved Brown Budda dispensary"},"content":{"rendered":"<p>Southampton\u2019s pot shop regulations are \u201cunreasonably impracticable\u201d \u2014  and flat-out illegal, the State Attorney General\u2019s Office wrote in a recent letter to a federal judge, The Post has learned.<\/p>\n<p>The blistering new letter, obtained by The Post, declared that <a href=\"https:\/\/nypost.com\/2025\/08\/28\/us-news\/tony-southampton-changed-its-zoning-laws-to-block-legal-weed-shop-lawsuit\/\" rel=\"nofollow noopener\" target=\"_blank\">the tony town has no authority<\/a> to pile on permits, fees and zoning hurdles, which directly conflict with the state\u2019s cannabis laws, according to AG Letitia James\u2019 office.<\/p>\n<p>The missive was sent Nov. 28 to US District Judge Judge Joanna Seybert, who is overseeing the case between the ritzy coastal town and the defiantly-opened Brown Budda cannabis dispensary.<\/p>\n<p>The town is accused of rigging its local zoning code in an effort to stop pot shops from opening in Southampton, even allegedly trying to stick Brown Budda with a $40,000 bill for a sidewalk it didn\u2019t need, according to sources close to the shop and the AG\u2019s letter.<\/p>\n<p>Southampton is accused of rigging its local zoning code against pot shops.  Marquis Hayes\/Facebook<\/p>\n<p>A portion of the Southampton Town Code, \u00a7330-162.26, \u201cis preempted and invalid,\u201d the letter read.\u00a0<\/p>\n<p>\u201cThe New York State Cannabis Control Board has determined the provision makes the operation of licensed retail cannabis dispensaries \u2018unreasonably impracticable,\u2019\u201d it added.<\/p>\n<p>That section of the Southampton Town Code slapped already-licensed dispensaries with 17 extra rules \u2014 including costly special permits, distance limits, design demands, zoning caps and other hoops no other businesses in the town had to jump through, according to the letter.\u00a0<\/p>\n<p>The CCB already <a href=\"https:\/\/nypost.com\/2025\/10\/07\/us-news\/state-shoots-down-this-long-island-towns-local-cannabis-laws-finding-them-illegal-and-overreaching-the-nightmare-is-almost-over\/\" rel=\"nofollow noopener\" target=\"_blank\">voided a majority of the town\u2019s rules in October<\/a> as overly stringent, illegal and designed to intentionally block legal dispensaries from ever opening. <\/p>\n<p>State regulators also struck down the town\u2019s attempts to regulate weed deliveries within its borders, calling any effort to do so \u201ccompletely outside of municipal authority.\u201d\u00a0<\/p>\n<p>But that ruling from the CCB didn\u2019t stop the town from claiming that Brown Budda was still responsible for constructing an estimated $40,000 sidewalk in front of its east-end storefront right off the highway.\u00a0<\/p>\n<p>Brown Budda was ordered to build a $40,000 sidewalk in order to open, sources close to the shop revealed.  H_Ko \u2013 stock.adobe.com<\/p>\n<p>\u201c[The] town code directly conflicts with and is preempted by both the Cannabis Law and its implementing regulations,\u201d the AG\u2019s office wrote to Seybert about the town\u2019s regulations, including the sidewalk mandate. <\/p>\n<p>\u201cIt imposes additional restrictions on retail cannabis dispensaries beyond those imposed by state law and, in doing so, interferes with the State\u2019s implementation and enforcement of uniform statewide rules for cannabis licensing,\u201d the letter states, claiming Southampton has no legal basis to stand in the way of a state-licensed operation.<\/p>\n<p>Brown Budda CEO, Marquis Hayes, opened the shop without town approval last month.  facebook\/Marqhayescatering<\/p>\n<p>Brown Budda challenged local officials, refusing to construct the sidewalk and <a href=\"https:\/\/nypost.com\/2025\/11\/09\/us-news\/southampton-pot-shop-vows-to-open-this-week-daring-officials-to-shut-it-down\/\" rel=\"nofollow noopener\" target=\"_blank\">rolling out its operation without town approval<\/a> on Nov. 12 \u2014 getting dragged back into court because of the defiant decision, and prompting the AG\u2019s office to send the new letter to the judge.<\/p>\n<p>Representatives of Brown Budda had long argued the town\u2019s demands were stalling tactics meant to keep the shop out of operation as it bled millions in loses.<\/p>\n<p>State regulators detailed that they signed off on Brown Budda\u2019s location and issued it a full retail license in 2022, meaning Albany determined its site in Southampton met every requirement needed under New York law years ago.\u00a0<\/p>\n<p>Town attorney Jim Burke didn\u2019t respond to a request for comment<\/p>\n<p>A Brown Buddha rep called the AG\u2019s letter vindicating.<\/p>\n<p>\u201cAt least two years were taken away from Brown Buddha,\u201d a spokesperson for the shop said.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"Southampton\u2019s pot shop regulations are \u201cunreasonably impracticable\u201d \u2014 and flat-out illegal, the State Attorney General\u2019s Office wrote in&hellip;\n","protected":false},"author":2,"featured_media":60195,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[68,20777,776,6210,57,9,11,10,49,51,50,16704,255],"class_list":{"0":"post-60194","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-new-york","8":"tag-exclusive","9":"tag-legal","10":"tag-long-island","11":"tag-marijuana","12":"tag-metro","13":"tag-new-york","14":"tag-new-york-headlines","15":"tag-new-york-news","16":"tag-new-york-state","17":"tag-new-york-state-headlines","18":"tag-new-york-state-news","19":"tag-southampton","20":"tag-the-hamptons"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/60194","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=60194"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/60194\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/60195"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=60194"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=60194"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=60194"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}