Can Local Governments Opt Out of Cannabis Production and Sales?
Medical marijuana dispensaries are set to open next year all over Kentucky, but not every city or town may have a local weed shop.
Pursuant to House Bill 829, local governments may opt out of allowing cannabis business licenses, barring any company from cultivating, manufacturing, or selling medical marijuana within that jurisdiction. If a local government opts out, patients would still be allowed to possess medical marijuana in that area, but cannabis businesses would not be allowed to operate there.
Similar to a wet/dry county guidelines for alcohol, this may be accomplished via a city vote in a regular election or the passage of an ordinance.
How can Kentuckians prevent a ban of cannabis sales and production in their area?
In the event of an election, voters would be asked “Are you in favor of the sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected territory)?” and a “yes” vote would support the operation of cannabis businesses within the local jurisdiction.
If an ordinance banning cannabis businesses was issued, a petition endorsed by at least 10% of the registered voter population will trigger a vote in the next regular election. Voters would be asked “Are you in favor of overturning the decision of the local government legislative body and allowing the sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected territory)?” and a “yes” vote would support the operation of cannabis businesses within the local jurisdiction.
If either vote fails, the question will not be allowed on the ballot again for 3 years so it’s very important that patients keep up with their local elections and ensure they are registered to vote!
How can I prepare for a local election?
Visit the Kentucky Voter Information Portal to verify your registration status, register or update your registration information, find your polling location, and volunteer to work at the polls!