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Published on Friday, February 9, 2018

Bill limiting city authority to ban marijuana businesses survived committee cutoff dates

A substitute version of HB 2336 passed out of its policy committee and is now in the House Rules Committee. The substitute bill requires that in order to put a marijuana ban in place, the public must make that decision through a vote. Current law does not require that a city must send its ban or moratorium to the voters.

In addition, the bill establishes a general legal principle that state law preempts municipal ordinances or regulations pertaining to recreational and medical marijuana. Court decisions to date have held that Initiative 502 (I-502) does not preempt local governments from restricting or banning state-licensed marijuana business in their communities. The state’s Attorney General’s Office has also interpreted I-502 to not interfere with local government’s broad authority to regulate within their jurisdictions.

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

Categories: Marijuana