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Published on Friday, February 2, 2018

Bill limiting city authority to ban marijuana businesses passes out of committee

HB 2336 limits a city’s ability to prohibit the production, processing and sale of marijuana in their community by requiring any such prohibition to only be enacted by a public vote. Currently cities have the authority to place bans or moratoriums on marijuana businesses through ordinances.

The bill:

  • Preempts municipal ordinances or regulations pertaining to recreational and medical marijuana;
  • Retains city zoning authority, but prohibits a municipality from enacting an ordinance or regulation that has the effect of precluding the siting of licensed marijuana businesses within its borders unless the municipality already prohibits the same type of business; and
  • Establishes two alternative electoral processes through which a municipality may avoid state preemption and enact an ordinance banning the operation of marijuana businesses within its borders.

A substitute version of HB 2336 passed out of its policy committee and is now under review in House Rules Committee. The substitute bill makes the following changes to the original bill: Requires that the public vote on a proposed ordinance prohibiting the siting of marijuana businesses with a jurisdiction take place at a general election occurring in an even-numbered year.

AWC opposes this bill and will continue to work to defeat it. Contact Logan with any questions or concerns.

Categories: Marijuana