Local Government Rules
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 administration of medical 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 territory 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 territory 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.