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Published on Friday, January 27, 2017

Bill moves forward that penalizes cities for local restrictions on marijuana retailers

HB 1099, a bill that penalizes cities for enacting marijuana restrictions on retailers is up for a hearing in the House Appropriations Committee on Thursday, February 2.

If enacted, cities without an expressly adopted ban or moratorium who refuse to issue a local license/permit to a state licensed marijuana retail store would forfeit 70 percent of their liquor revenues and 100 percent of their shared 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 amended 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) as being subject to the penalties. If the bill were to be enacted, the only real options that cities would have to avoid the penalties are a complete ban or allowing marijuana retailers with no additional local zoning restrictions or regulations.

AWC urges cities to let your legislators know that this bill is detrimental to our local authority and should not advance.