Local Government Rules
The information provided on this page is current as of July 10, 2024.
The Program has issued guidance regarding provisional licenses, change of location requests, and lottery selection for dispensary licenses. You can read it here.
Please note all local governments, counties and cities, are automatically opted-in to have cannabis business operations in their jurisdictions. Counties and cities must enact ordinances in order to establish restrictions and fees on cannabis business operations or prohibit all cannabis business operations in their jurisdictions. Local governments may also enact a resolution to put the question of allowing cannabis business operations within their jurisdiction on the ballot. Please review this webpage for additional information.
Local Government Laws
Local governments:
- May establish time, place, and manner restrictions (that are not less restrictive than the law).
- May establish and assess reasonable local fees for local administrative of cannabis businesses.
- May not enact ordinance that impose an undue burden or make cannabis business operations unreasonable.
- May enact resolutions directing the question to be submitted to the voters of the territory. The resolution must be submitted no later than the second Tuesday in August preceding the day established for a regular election (August 13, 2024).
- May prohibit all cannabis business operations within its terriroy through the passage of an ordinance. A local government must opt-out before January 1, 2025 or before a cannabis business attempts to locate within the territory.
- If a local government prohibits cannabis business operations within its terriroty prior to January 1, 2025, a licensed cannabis business located within that territory must comply with the prohibition and relocate if they desire to continue business operations.
Local Government Laws for Cities
If a county or local government prohibits medical cannabis businesses from operating in their territory, KRS 218B.130 sets forth how cities within that jurisdiction may allow licensed cannabis businesses to operate within city limits.
If a county, consolidated local government, charter county government, or unified local government prohibits all cannabis business operations, the legislative body of a city located within the county, consolidated local government, charter county government, or unified local government may:
- Approve cannabis business operations within the limits of the city through the passage of an ordinance; or
- Enact resolutions directing that the question of allowing cannabis businesses to operate within the limits of the city be submitted to the voters who are eligible to vote in that city's elections at the next regular election.
Local Government Opt-Outs
If a local government prohibits cannabis business operations in their jurisdiction, they must notify the Program in writing within five (5) days after passage of such an ordinance or after results of the ballot question(s) are certified.
Local governments can submit their written notification to the Office of Medical Cannabis at kymedcan@ky.gov.
The Program has provided sample ordinances. They are:
Counties that have notified the Office of opt-out:
Allen County - adopted on June 25, 2024. You can view their ordinance here.
Boone County - adopted on June 18, 2024. You can view their ordinance here.
Campbell County - adopted on June 5, 2024. You can view their ordinance here.
Casey County - adopted on June 19. 2024. You can view their ordinance here.
Cumberland County - adopted on June 25, 2024. You can view their ordinance here.
Fleming County - adopted on July 9, 2024. You can view their ordinance here.
Green County - adopted on May 14, 2024. You can view their ordinance here.
Pulaski County - adopted on June 25, 2024. You can view their ordinance here.
Russell County - adopted on June 10, 2024. You can view their ordinance here.
Cities that have notified the Office of opt-out:
City of Crittenden (Grant Co.) - adopted on June 11, 2024. You can view the ordinance here.
City of Franklin (Simpson Co.) - adopted on June 24, 2024. You can view the ordinance here.
City of Greenville (Muhlenberg Co.) - adopted on June 24, 2024. You can view the ordinance here.
City of Kuttawa (Lyon Co.) - the Program is waiting for a copy of their ordinance.
City of Lakeside Park (Kenton Co.) - adopted on July 8, 2024. You can view the ordinance here.
City of Liberty (Casey Co.) - adopted on June 10, 2024. You can view their ordinance here.
City of Nicholasville (Jessamine Co.) - adopted on March 25, 2024. You can view their ordinance here.
City of Science Hill (Pulaski Co.) - adopted on June 7, 2024. You can view their ordinance here.
City of Scottsville (Allen Co.) - adopted on June 10, 2024. You can view their ordinance here.
City of Union (Boone Co.) - adopted on June 17, 2024. You can view their ordinance here.
City of Villa Hills (Kenton Co.) - adopted on June 19, 2024. You can view their ordinance here.
City of Wilmore (Jessamine Co.) - adopted on June 17, 2024. You can view their ordinance here.
Local Government Opt-Ins
If a county or local government prohibits medical cannabis businesses from operating in their territory, KRS 218B.130 sets forth how cities within that jurisdiction may allow licensed cannabis businesses to operate within city limits.
Cities can submit their written notification to the Office of Medical Cannabis at kymedcan@ky.gov.
Counties that have notified the Office of opting-in:
Fayette County - adopted on June 27, 2024. You can view their zoning ordinance here and their special fees ordinance here.
Mason County - the Program is waiting for a copy of their ordinance.
Cities that have notified the Office of opting-in:
City of Benton (Marshall Co.) - the Program is waiting for a copy of their zoning ordinance.
City of Berea (Madison Co.) - the Program is waiting for a copy of their zoning ordinance.
City of Burnside (Pulaski Co.) - adopted on June 17, 2024. You can view their ordinance here.
City of Dayton (Campbell Co.) - adopted on June 25, 2024. You can view their order here.
City of Elizabethtown (Hardin Co.) - adopted on July 8, 2024. You can view their order here.
City of Lexington (Fayette Co.) - adopted on June 27, 2024. You can view their zoning ordinance here and their special fees ordinance here.
City of Mayfield (Graves Co.) - the Program is waiting for a copy of their ordinance.
City of Maysville (Mason Co.) - the Program is waiting for a copy of their ordinance.
City of Morehead (Rowan Co.) - adopted on June 27, 2024. You can view their zoning ordinance here.
City of Mount Sterling (Montgomery Co.) - the Program is waiting for a copy of their ordinance.
City of Versailles (Woodford Co.) - you can view their zoning ordinance here.
Opt-Out/Opt-In Map
The information provided on this page is current as of July 10, 2024.
Please note all local governments, counties and cities, are automatically opted-in to have cannabis business operations in their jurisdictions. Counties and cities must enact ordinances in order to establish restrictions and fees on cannabis business operations or prohibit all cannabis business operations in their jurisdictions. Local governments may also enact a resolution to put the question of allowing cannabis business operations within their jurisdiction on the ballot. Please review this webpage for additional information.
The map below may not be updated with all of the information provided above.
Local Governments - Ballot Resolutions
Counties, cities, and local governments are not required to notify the Office if they have enacted a resolution to put the question of allowing cannabis business operations in their jurisdiction on the ballot. Below are a list of counties, cities, and local governments that have made the Office aware of enacting such resolution.
The Program has provided sample resolutions. They are:
Counties:
Ballard County - adopted on June 4, 2024. You can view their resolution here.
Bulter County - adopted on May 28, 2024. You can view their resolution here.
Carlisle County - adopted on July 2, 2024. You can view their resolution here.
Carroll County - adopted on June 25, 2024. You can view their resolution here.
Clark County - adopted on June 5, 2024. You can view their resolution here.
Clay County - adopted on June 13, 2024. You can view their resolution here.
Crittenden County - the Program does not have a copy of their resolution.
Grant Count - adopted on June 16, 2024. You can view their resolution here.
Hardin County - adopted on June 25, 2024. You can view their resolution here.
Hart County - the Program does not have a copy of their resolution.
Henry County - the Program does not have a copy of their resolution.
Jackson County - the Program does not have a copy of their resolution.
Logan County - adopted on June 25, 2024. You can view their resolution here.
Meade County - adopted on July 9, 2024. You can view their resolution here.
Menifee County - adopted on July 11, 2024. You can view their resolution here.
Mercer County - adopted on June 11, 2024. You can view their resolution here.
Morgan County - adopted on June 27, 2024. The Program does not have a copy of their resolution.
Nelson County - adopted on July 2, 2024. You can view their resolution here.
Owsley County - the Program does not have a copy of their resolution.
Scott County - adopted on May 10, 2024. You can view their resolution here.
Todd County - the Program does not have a copy of their resolution.
Trigg County - adopted on July 1, 2024. You can view their resolution here.
Cities:
City of Auburn (Logan Co.) - the Program does not have a copy of their resolution.
City of Bellevue (Campbell Co.) - adopted on June 12, 2024. You can view their resolution here.
City of Cadiz (Trigg Co.) - adopted on July 2, 2024. You can view their resolution here.
City of Florence (Boone Co.) - adopted on June 17, 2024. You can view their resolution here.
City of Franklin (Simpson Co.) - adopted on June 11, 2024. You can view their resolution here.
City of Kuttawa (Lyon Co.) - adopted on June 10, 2024. You can view their resolution here.
City of McKee (Jackson Co.) - the Program does not have a copy of their resolution.
City of Millersburg (Bourbon Co.) - adopted on June 3, 2024. You can view their resolution here.
City of Murray (Calloway Co.) - the Program does not have a copy of their resolution.
City of Southgate (Campbell Co.) - adopted on June 19, 2024. You can view their resolution here.
City of Union (Boone Co.) - adopted on June 3, 2024. You can view their resolution here.
City of Wilder (Campbell Co.) - adopted on June 17, 2024. You can view their resolution
here.