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Published on Friday, January 20, 2017

Bill penalizes cities for restricting marijuana stores advances

HB 1099 passed out of the House Commerce & Gaming Committee on Thursday after a public hearing last Tuesday. During the hearing, AWC testified in opposition to the bill.

Under HB 1099, if a city without a ban or moratorium adopted by ordinance or resolution refuses to issue a local license/permit to a state licensed marijuana retail store, that the retailer would otherwise receive if they were engaged in a lawful business not related to marijuana sales, then the city would forfeit 70 percent of their liquor revenues. That city would also forfeit any revenue due from the state dedicated marijuana account. This penalty would continue until the city passes an express ban or moratorium by ordinance or the city issues a license/permit to the applicant.

The bill is broadly written so a city with adopted zoning restrictions specific to marijuana retail stores could also trigger the penalties called for in the bill. Additionally, the bill was further amended in committee to specifically include cities that have adopted limits on the number of retailers that are less that the limits established by the Liquor and Cannabis Board (LCB) in being subject to the penalties.

AWC encourages cities to let your legislators know that HB 1099 unduly penalizes cities for adopting reasonable restrictions on the siting of marijuana retailers.

Categories: Marijuana