Local Government’s Authority to Regulate Cannabis Businesses under Kentucky’s Senate Bill 47

What cannabis businesses need to know:

• Under SB 47, Local government may:
  • Regulate the time, place, and manner of cannabis business operations.
  • Prohibit all cannabis business operations within the locality via passage of an ordinance.
  • Enact resolutions directing that the question of prohibiting cannabis business from operating within the locality be submitted to the locality’s voters at the next regular election.
• Under the law, “Local government” is defined to include the following: city, county, urban county government, consolidated local government, charter county government, or unified local government.
• If a county, consolidated local government, charter county government, or unified local government prohibits cannabis business operations, the city located within the larger county may:
  • Approve cannabis business operations within city limits by ordinance.
  • Enact resolutions directing the question of allowing cannabis business to operate within city limits be submitted to the city’s voters at the next regular election.
• If Local government prohibits cannabis business operations, a public question regarding cannabis business operations within the locality may be brought to the locality’s voters by petition to appear on the next general election ballot.