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State Board to Decide if Third Avenue Cannabis Shop Can Open Despite Community Board 6 Opposition

A proposed cannabis dispensary at 831 Third Avenue (between East 50th and 51st Streets) will come before the New York State Cannabis Control Board on Thursday, August 6.

Although this location is outside Murray Hill, it is within Community Board 6, and the decision could have broader implications for future cannabis applications in our community.

Why Is This Different?

New York State requires licensed cannabis dispensaries to be at least 1,000 feet apart. The proposed dispensary does not meet that requirement because there is already a licensed cannabis dispensary about 854 feet away.

Earlier this year, Community Board 6 voted to oppose the application because the proposed location is within 1,000 feet of another licensed cannabis dispensary and after considering objections raised by members of the community.

What Is the New York State Cannabis Control Board Being Asked to Decide?

Rather than deciding a standard license application, the New York State Cannabis Control Board is being asked to decide whether to grant a Public Convenience and Advantage waiver.

In other words, the applicant is asking the Board to make an exception to New York State’s own 1,000-foot spacing rule by finding that opening another cannabis dispensary at this location would provide enough of a benefit to the public to justify allowing it to open, even though another licensed dispensary is already about 854 feet away.

When considering this request, the Board may review public comments, nearby licensed dispensaries, and other factors before deciding whether to grant the waiver.

Why Does This Matter?

This application is different because it is not simply about opening another dispensary. It is about whether the State should make an exception to one of the rules it established for where dispensaries may be located.

While each application is reviewed on its own merits, some residents and community leaders believe the outcome could influence how similar waiver requests are considered in the future.

Share Your Thoughts

The Cannabis Control Board will meet on Thursday, August 6, at 1:00 p.m. at the SUNY Global Center, 116 East 55th Street.

Pre-register to attend the meeting in person.

Watch the meeting livestreamed.

Submit written public comments.

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