Towns consider whether to opt-out of marijuana dispensaries The deadline to opt-out is Dec. 31 Municipalities can not opt-out of legalization. and last updated 2021-04-08 23:31:28-04 BUFFALO, N.Y. (WKBW) â Growing, smoking, and possessing certain amounts of recreational marijuana is legal everywhere in New York, buying from a dispensary might not be. Cities, towns, and villages can opt-out of the retail portion of New York State's new adult-use recreational marijuana law. That means dispensaries and on-site consumption, such as a smoke lounge, would not be allowed in the municipality. Marilla Town Supervisor Earl Gingerich, Jr. said he directed the town's attorney to draft up the local law to opt-out.