The Dept. of Licensing and Regulatory Affairs (LARA) released an advisory bulletin today to inform and advise municipalities of the Bureau of Medical Marihuana Regulation’s (BMMR) intention regarding municipality authorization of medical marihuana facilities. The bulletin is for advisory purposes only and is subject to change.
Under the Medical Marihuana Facility Licensing Act (MMFLA), a municipality may adopt an ordinance authorizing one or more types of marihuana facilities to operate within its boundaries. The Bureau intends to rely on the local municipality’s authorizing ordinance to determine if an applicant is in compliance with certain provisions of the MMFLA, including the following:
- The types of marihuana facilities – growers, processors, provisioning centers, safety compliance facilities, and secure transporters – permitted.
- The maximum number, if applicable, of each type of marihuana facility permitted.
- Any local zoning regulations that apply to marihuana facilities, including whether or not licensees may apply for special use permits.
More information regarding municipalities and the MMFLA:
- Municipalities shall not impose regulations regarding the purity or pricing of marihuana nor shall they impose regulations in conflict with statutory regulations.
- There is no deadline for municipalities to adopt authorizing ordinances.
- Municipalities are not required to “opt out” or prohibit marihuana facilities within their boundaries. If municipalities do nothing, marihuana facilities will be unable to be licensed at the state level to operate in their locality.
This bulletin does not constitute legal advice and is subject to change. It is intended to be advisory only, in anticipation of LARA’s promulgation of emergency rules consistent with statutory requirements. Potential licensees are encouraged to seek legal counsel to ensure their licensure applications and operations comply with the Medical Marihuana Facilities Licensing Act and associated administrative rules.
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