Practical siting guidance from a cannabis law firm that lives in this space

At Seligson Law, we help New York dispensary owners and applicants pick locations that satisfy state and local rules and still make business sense. Ken began working in cannabis when rules were first being written, and our firm has guided hundreds of operators through licensing, proximity reviews, municipal notice, and real estate deals in both New York and California. If you are evaluating a site for an adult-use dispensary, microbusiness with retail, or CAURD, this guide explains the New York dispensary proximity laws, LOCAL map, OCM’s Proximity Protection Guidance documents, and how proximity protection works, and what to expect when you submit a site to the Office of Cannabis Management. If you want a site review memo, lease review, municipal notice preparation, or support with your local community board, call 213-293-6692 or email intake@seligsonlaw.com.

What is the Proximity Protected Locations Map and LOCAL MAP

New York dispensary applicants now rely on a single, consolidated resource, the Legal Online Cannabis Activities Locator (LOCAL) Map, to check whether a proposed site meets state proximity rules and to view all currently licensed or protected dispensary locations.

The LOCAL Map, maintained by the Office of Cannabis Management (OCM), displays:

Active and provisional dispensary locations
Municipal opt-outs
Sites with proximity protection pending OCM review

The LOCAL Map replaced the former Proximity Protected Locations Map (PPLM) in January 2025, when all proximity data was merged into one state database.
While the PPLM is no longer active, it’s still referenced in older guidance and serves as the historical foundation for today’s system.

Using the LOCAL Map, applicants can:

Measure straight-line distances from schools, houses of worship, and other dispensaries
Confirm whether a municipality has opted out of cannabis retail
Generate preliminary proximity reports before committing to a lease or submitting an application

Tip: Counsel can translate the LOCAL Map data into practical steps: validate distances, confirm zoning consistency, and evaluate location eligibility.

The proximity rules in plain English

Under New York’s cannabis siting laws, two sets of proximity rules currently exist, one in 9 NYCRR Part 119 (OCMregulation) and another in the Marihuana Regulation and Taxation Act (MRTA) § 72(NY Cannabis Law).

Which standard will apply permanently is expected to be decided by the Legislature in February 2026.

For now, because of the CONBUD v. Office of Cannabis Management decision, the OCM must apply the regulatory standard in OCM Regulation until the Legislature takes action.

Here’s how each framework compares:

Current Standard — 9 NYCRR § 119 (in effect under CONBUD ruling)

Retail dispensary locations must comply with the following:

Distance between dispensaries:

1,000 feet minimum between adult-use dispensaries in municipalities with 20,000 or more residents.

2,000 feet minimum in municipalities with fewer than 20,000 residents.

Sensitive uses (same-street rule):

200 feet minimum from a building exclusively used as a house of worship, when both are on the same street.

500 feet minimum from a building exclusively used as a school, when both are on the same street.

These are straight-line, door-to-door measurements, not walking or driving routes.

Alternative Standard — MRTA § 72 (pending legislative review)

The statutory version uses the same distance buffers but does not restrict them to the same street and measures them from parcel boundary to parcel boundary instead of door to door.

If the Legislature rules to enforce this version permanently, the 200- and 500-foot restrictions could apply to schools and houses of worship in any direction, rather than only those located along the same street frontage.

Practical Takeaway

Sites submitted before the Legislature’s decision will continue to be reviewed under 9 NYCRR § 119, consistent with the CONBUD order.
Sites submitted after any statutory change will follow the Legislature’s final directive.
Until February, applicants should measure distances using the door-to-door, same-street, straight-line standard in § 119 and document all measurements.

Tip: Because proximity standards are in flux, have counsel verify which rule applies to your application date and confirm compliance under both frameworks before you sign a lease.

Updated School Distance Standard: “Same Street, Door-to-Door”

In September 2025, the court in CONBUD v. Office of Cannabis Management confirmed that, until the Legislature acts, the state must continue using the “same-street, door-to-door” method to measure the 500-foot buffer between a dispensary and a school.

Under this temporary standard (from 9 NYCRR § 119):

The 500-foot distance applies only when both the dispensary and the school are on the same street, and
The measurement is taken in a straight line from the school’s main entrance door to the dispensary’s entrance door.

This clarification reinforced what was already written in the regulation and prevents OCM from applying a broader interpretation while the law remains unsettled.

It also provideds greater certainty for approximately 140 licensees and applicants, allowing them to continue operating dispensaries or maintaining leased locations that were previously compliant but suddenly came into question under stricter interpretations.

However, the Legislature is expected to review this standard in February 2026. If it doesnt act, then OCM must apply the MRTA § 72 version, and distances would instead be measured parcel boundary to parcel boundary and would apply to schools in any direction, not only those on the same street.

It is ideal for a property to be compliant under both the regulatory and statutory standards, but it must at minimum comply with the current regulatory (door-to-door) standard under 9 NYCRR § 119.

Risks increase when moving forward with a location that does not comply with the MRTA’s broader parcel-boundary standard, as the Legislature may adopt that approach in the coming months.

Use the LOCAL Map’s built-in measurement tools or have your architect verify distances in your site plans.

At Seligson Law, we confirm every proximity measurement before a lease is signed to ensure that your submission file is accurate and defensible.

If two proposed dispensaries create a proximity conflict, priority generally goes to the application that reached OCM review first or appears earlier in the queue.

What proximity protection actually gives you

When OCM reviews your proposed address and finds it compliant, the site receives proximity protection, which creates a buffer around your proposed premises:

1,000-foot radius in municipalities with a population of 20,000 or more
2,000-foot radius in municipalities with a population of fewer than 20,000
That radius applies evenly in all directions from the dispensary premises and helps prevent later applicants from “leapfrogging” your compliant site while your application is pending.

However, this protection is not absolute.

A Public Convenience and Advantage (PCA) waiver may allow another licensee to locate within your buffer zone if OCM determines that the public would benefit from additional access in that area.

Rules for PCA waivers are still evolving, and OCM may refine how they are applied as the adult-use program matures.

Proximity protection also does not guarantee a license and can be lost if the related application is denied or withdrawn.

Tip: Counsel can help you preserve your protection by submitting accurate proofs of control and a complete, compliant application. They can monitor changes to the LOCAL Map in your area, track upcoming PCA waiver submissions, and oppose waivers that threaten your buffer zone.

LOCAL map vs. PPLM

As of January 17, 2025, all proximity data has been fully integrated into the Legal Online Cannabis Activities Locator (LOCAL) Map, and the former Proximity Protected Locations Map (PPLM) has been retired from the state’s Open Data platform.
The LOCAL Map is now the state’s official public tool for viewing licensed dispensaries, provisional locations, municipal opt-outs, and sites with proximity protection.

While the LOCAL Map is a valuable starting point for evaluating potential retail sites, it does not always display every school or house of worship, and the distances shown may not be fully accurate. Definitions of “school” and “house of worship” under New York’s cannabis regulations are specific and technical — only certain facilities qualify as “exclusively used” for those purposes.

At Seligson Law, we go beyond the LOCAL Map. We use additional mapping and GIS tools to:

Identify schools and houses of worship that meet the regulatory definitions,
Verify the most accurate parcel boundaries and street addresses, and
Measure true door-to-door and parcel-to-parcel distances between proposed sites and sensitive uses.

This multi-source verification ensures that your location passes both the state proximity review and any local or community board scrutiny before you sign a lease or file an application.

Submitting a site for proximity protection

Proximity protection only attaches after OCM reviews your submitted location. To submit:

Run your proximity and zoning checks using LOCAL, PPLM, and municipal codes.
Secure proof of control. OCM requires a fully executed lease, a conditional lease, or a deed. A letter of intent is not enough.
Use the NYBE Portal. Provisional licensees log in to New York Business Express, open the original application, then follow the Start Correction or Resume prompts to upload the site and documents.
Respond to deficiencies. Adult-use provisional applicants wait for the OCM deficiency notice with the link. CAURD provisional licensees go directly to their dashboard.

Tip: We review leases for cannabis clauses, add termination and compliance contingencies, and package your proof of control so it satisfies OCM requirements.

Limitations you should know

Biweekly updates: The PPLM is updated roughly every two weeks. Recent submissions might not appear yet.
Pending status: A pin marked pending means proximity protection is granted but the overall application is still under review. If the application is ultimately denied, the protection disappears.
Competing submissions: Other applicants may be circling the same block. Timing in the NYBE queue can decide conflicts among provisional licensees.
No zoning guarantees: A site can pass PPLM proximity rules and still fail local zoning or community board review.

Tip: A siting memo from counsel can explain these limits to landlords and investors so they understand the process and remain patient.

What to Do if Your Location Is Deemed Ineligible

Even a well-prepared site submission can come back marked “Ineligible” by the Office of Cannabis Management (OCM). This status doesn’t always mean the end of the road, it simply means the agency identified an issue that must be resolved before proximity protection or final approval can attach.

Common Reasons Locations Are Deemed Ineligible

Proximity conflicts: Your site falls within the 1,000- or 2,000-foot buffer of another dispensary that already has proximity protection.
Sensitive-use conflicts: The parcel is too close to a school or house of worship.
Incorrect distance measurements: OCM occasionally miscalculates door-to-door or parcel-to-parcel distances, especially if its a close call. OCM may also use the incorrect measurement standard.
Incomplete or outdated proof of control: Submissions missing a signed lease, conditional lease, or deed, or those relying on a letter of intent, will automatically be deemed ineligible.
Municipal opt-out: The proposed location may be in a city, town, or village that opted out of retail dispensaries or on-site consumption lounges under New York’s opt-out provisions. Even if the site passes all state proximity requirements, it will still be deemed ineligible if the municipality has prohibited cannabis retail activity.
Data errors in the LOCAL Map: OCM’s data imports can sometimes misplace parcels, mislabel boundaries, or omit sensitive-use sites, errors that can unfairly flag a location as noncompliant.

Options to Resolve an Ineligibility Finding

If OCM marks your proposed location as non-viable or ineligible, you’ll have 30 days to submit additional information for reconsideration. This cure period lets you correct errors or provide new evidence before the agency finalizes its decision.

During this window, counsel can help you submit updated proof of control, corrected distance measurements, or documentation showing that a nearby site doesn’t qualify as a school or house of worship.

If OCM maintains the ineligible status after review, you have three options:

1. Request a Public Convenience and Advantage (PCA) Waiver

Ask the Cannabis Control Board to approve your site despite a dispensary-to-dispensary conflict by showing that another store would serve public convenience and advantage (for example, filling a geographic gap).

PCA waivers can’t be used for sites within 500 feet of a school or 200 feet of a house of worship. Submit requests to AULicensing@ocm.ny.gov with your application number and supporting materials.

2. Submit a New Location

If your site can’t be cured, you may file a new address during your provisional-license period (typically one year).
Provide proof of control, municipal notice, and supporting documentation, then email AULicensing@ocm.ny.gov to reopen your file for a new viability review.

3. Contest the Determination

If OCM made a mistake—such as a mapping or measurement error—you can request a formal review by the Cannabis Control Board after the 30-day period.

Submit a statement with your evidence (survey, GIS data, affidavits, or site plans) to AULicensing@ocm.ny.gov.

Tip from Counsel

Act quickly within the 30-day window. A lawyer can help you prepare supplemental materials, pursue a PCA waiver, file a new site, or challenge an OCM error—all while preserving your place in the licensing queue.

State Preemption: Municipalities Cannot Add Their Own Distance Rules

New York’s cannabis regulations, under 9 NYCRR Part 119, set uniform statewide proximity standards. Local governments cannot override or add to these state rules. Specifically, cities, towns, and villages may not:

Expand the 200-foot or 500-foot buffers around schools or houses of worship
Impose additional spacing requirements between dispensaries beyond the state’s 1,000- or 2,000-foot rules
Create their own local licensing or fee systems that conflict with the Cannabis Law

Municipalities can, however, control zoning through land-use designations (for example, where commercial or retail activity is allowed) and can require community engagement, but they cannot change the state’s siting distances.

This preemption ensures that dispensary operators face consistent standards statewide, rather than a patchwork of conflicting local ordinances. Seligson Law helps clients interpret these rules and communicate with local planning boards to stay compliant without giving up valuable real estate opportunities.

Municipal notice: do not miss this deadline

Under Cannabis Law Section 76, you must notify the municipality or the New York City community board where your premises sits no less than 30 days and no more than 270 days before you file your retail or on-site consumption application. Use the OCM notice form and deliver by certified mail, overnight with proof, or personal service. Keep your receipts. This is a simple step that derails many otherwise solid applications when it is missed.

Tip: We prepare and serve the notice, keep the delivery proof, and align your filing timeline so the notice window is perfect.

City or Municipal Approval

Even though Cannabis Law § 131 and 9 NYCRR Part 119 preempt local governments from creating their own cannabis licensing systems, some jurisdictions still require local review or hearings before allowing dispensary operations to proceed.

Depending on your municipality, you may need to:

Present your proposed location to a city council, town board, or community board,
Obtain a special use permit or planning approval, or
Participate in a public hearing to address questions about parking, traffic, hours of operation, or community impact.

These steps don’t change the state’s proximity standards, but they can affect how quickly your project advances through local planning and permitting.

At Seligson Law, we help clients prepare and deliver presentations, coordinate with municipal counsel and planning staff, and respond to board feedback to secure the necessary approvals while maintaining compliance with state law.

We also draft Crowd Control Plans, which are often helpful for community board presentations, PCA waiver requests, and ongoing operations, demonstrating your readiness to manage customer flow and minimize neighborhood impact.

Our team ensures your materials are clear, professional, and consistent with your OCM filings, reducing the risk of delays or conflicting information between your state and local records.

Common siting mistakes and how to avoid them

Relying only on the Proximity Report without cross-checking zoning and parcel records
Skipping the municipal notice or sending it outside the 30 to 270 day window
Overlooking local zoning classifications, special permits, or board preferences
Signing a lease without a regulatory exit clause or force majeure for delays
Measuring buffers by walking distance rather than straight-line
Assuming a pending PPLM pin guarantees final approval

Tip: A short legal checklist before you sign can prevent months of delay and wasted rent.

Lease terms that protect your license and your runway

For cannabis retail in New York, your lease should anticipate regulatory risk and build-out timing:

Regulatory contingency that lets you terminate or extend if approvals lag
Lease term aligned with license term and renewal period to avoid gaps in authorization
Landlord cooperation with security and camera placements, and access for inspections
Build-out timeline long enough for licensing, permits, and construction
No personal guarantee where possible, or a limited guarantee tied to milestones
Signage and hours aligned with local ordinances
Force majeure that includes government actions and regulatory pauses

Tip: We negotiate cannabis-ready leases that work with OCM approvals and municipal processes.

Designing for compliance and customer flow

Good design supports compliance and sales:

Secure storage, limited access, clear public and staff zones
Camera coverage for entrances, sales, vault, and inventory movement
ADA, fire code, and egress planning
Thoughtful point-of-sale layout and waiting areas
Exterior lighting and signage that match local rules
Inventory control that aligns with seed-to-sale and audit needs

Tip: We coordinate with architects to align floor plans with OCM rules and your security plan.

Security and operations plan basics

Regulators look for practical controls that match the site:

UL-listed safe, monitored intrusion alarms, and high-resolution video
Visitor logs, employee badges, restricted area controls
Cash handling and transport procedures
Daily inventory counts and reconciliation
Incident reporting and de-escalation training
Record retention and compliance calendars

Tip: We draft security and operations narratives that reflect your floor plan and landlord limits so what is on paper is what you can actually implement.

Financing and ownership structure

Raising capital for a dispensary often involves private lenders or investors. New York looks closely at control, not only equity. Be clear about:

Voting rights and management authority
Profit distribution and debt terms
Any options, side letters, or convertible instruments
Social equity qualifications where applicable

Stay tuned for more on raising capital and structuring compliant financing in New York’s adult-use market.

Keep an Eye on Future OCM Guidance

The Office of Cannabis Management continues to refine its public data tools and application procedures as New York’s adult-use market expands. Applicants should expect:

Regular LOCAL map updates that now include both active licenses and proximity-protected sites
Occasional policy adjustments as litigation or regulatory amendments clarify siting standards
Continued enforcement of proof-of-control requirements and municipal notice timing

At Seligson Law, we track every update to New York’s cannabis regulations so clients don’t have to. If you’re evaluating a potential site, drafting a lease, or preparing for the next licensing window, we can help you confirm compliance and avoid costly delays.

Call 213-293-6692 or email intake@seligsonlaw.com to schedule a consultation.

Your next steps

Call us—or keep a professional on standby for additional review and prompt resolution of issues as they arise.
Screen addresses in LOCAL.
Confirm municipal opt-outs and basic zoning.
Line up proof of control with a lease that protects your runway.
Serve municipal notice and calendar the filing window.
Prepare your proximity exhibits, security plan outline, and siting memo.
Upload through NYBE, track biweekly updates, and respond to OCM promptly.

If you want an experienced team to validate your site, prepare notice, or negotiate the lease, contact Seligson Law at 213-293-6692 or intake@seligsonlaw.com.

FAQs

1. What is the difference between the LOCAL map and the former Proximity Protected Locations Map?

As of January 17, 2025, all proximity data has been fully integrated into the LOCAL map, and the Proximity Protected Locations Map (PPLM) has been removed from the state’s Open Data platform. The LOCAL map now serves as the single, official source for viewing licensed dispensaries, provisional locations, municipal opt-outs, and proximity-protected sites. Applicants no longer need to reference multiple maps, everything is consolidated in one place for accurate siting and compliance checks.

2. Does a proximity-protected pin guarantee I will get licensed
No. Proximity protection helps reserve space while OCM reviews your application. You still have to pass municipal notice, zoning, community review, and final licensure.

3. What proof of control does OCM accept for proximity protection
A signed lease, a conditional lease, or a deed. A letter of intent is not accepted. Your documents are submitted through the NYBE portal with your application updates.

4. How are the 1,000 foot and 2,000 foot buffers applied
They are straight-line radiuses measured from the dispensary premises. Municipalities with 20,000 or more people use 1,000 feet. Municipalities under 20,000 use 2,000 feet.

5. When do I have to notify the municipality or NYC community board
Serve the notice at least 30 days and no more than 270 days before you file the retail or on-site consumption application. Keep your proof of delivery.

6. What are the most common siting mistakes in New York
Missing the municipal notice window, relying on commercial maps instead of LOCAL, signing a lease without regulatory contingencies, and forgetting that school and house of worship buffers apply only when the sites are on the same street.

7. Where can I view current OCM licenses and proximity-protected dispensary locations?

You can view the most up-to-date list of licensed cannabis businesses and applicants with proximity protection through New York State’s official data portal. The “Current OCM Licenses” dataset includes active adult-use and medical dispensaries, as well as proposed retail sites that have received proximity protection. This dataset is maintained by the New York State Office of Cannabis Management (OCM) and is available on the New York Open Data website here: Current OCM Licenses Dataset

8. Where can I view the LOCAL Map to check dispensary proximity and site eligibility?

You can access New York’s official Legal Online Cannabis Activities Locator (LOCAL) map through the Office of Cannabis Management. The LOCAL map is an interactive tool that displays licensed and provisional dispensary locations, municipal opt-outs, and zoning information. It also offers a proximity report feature that allows provisionally licensed retail dispensary applicants to assess an address’s viability before completing their applications. You can explore the map here: LOCAL Map – New York Office of Cannabis Management

New York Dispensary Proximity Protected Locations Map: Overview and FAQs