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Middletown amends zoning code to regulate smoke shops, displays and illegal cannabis sales
Summary
The planning commission unanimously approved a zoning text amendment creating a new 'tobacco specialty retailer' use, restricting displays and cannabis‑suggestive advertising, and making illegal cannabis sales a zoning violation; the police chief described 10 enforcement operations in recent years.
The Middletown Planning & Zoning Commission voted unanimously to approve a zoning text amendment that defines and regulates "tobacco specialty retailers," restricts tobacco and nicotine product displays, bans cannabis‑suggestive advertising, and makes illegal cannabis sales a zoning violation.
Mary Kosakowski, director of land use, framed the proposal as the next step after a one‑year moratorium on new smoke shops. She described three motivations: changing development patterns with more storefronts devoted to tobacco products, a concern that such uses were altering downtown character, and repeated police enforcement actions involving illegal products. Kosakowski cited a recent public act that enables municipalities to fine operators and property owners and to seek court‑ordered seizures.
The proposed code creates a new use category — tobacco specialty retailer — for establishments where 10% or more of gross floor area or customer‑accessible display area is devoted to tobacco, nicotine products or paraphernalia. Such uses would be allowed as special exceptions in specified commercial zones, subject to standards similar to cannabis retail approvals, including proof of state licensing, separation distances (1,500 feet) from other like uses, limits on display and visibility, and prohibitions on on‑site consumption.
Kosakowski read counts for the city: 38 licensed tobacco sellers citywide (eight downtown) and seven stores she characterized as smoke shops (two downtown). She also identified specific enforcement incidents, saying that some stores had been subject to multiple seizures.
Chief Eric Costa of the Middletown Police Department said the department had conducted about 10 operations that resulted in seizures of synthetic products and THC derivatives packaged in a manner that complicates logging and prosecution. “A lot of this stuff is synthetics … it’s not something that you would see on a legal seizure that you would see on a street corner,” Costa said, and he urged zoning tools as one element of a broader strategy to protect youth and public health.
Commissioners focused questions on how the code would treat existing nonconforming businesses, signage, and enforcement logistics. Staff said existing nonconforming uses would not be retroactively prohibited but the rules would limit the ability of a nonconforming display area to expand; enforcement would start with notices of violation and could lead to revocation of zoning approvals and fines.
After closing the public hearing, the commission moved and approved the zoning text amendment (Z2026‑2) by unanimous voice vote. Kosakowski and the chief said fines collected under the governing public act would go to the municipality and could support enforcement activities.
