§ 21-28.11-15. Municipal authority.
(a) Other than a city or town that is a host community for an existing licensed medical cannabis treatment center, any city or town may, by resolution of the city or town council, cause to be printed on the ballot in an election held on or before November 8, 2022, the following question: “Shall new cannabis related licenses for businesses involved in the cultivation, manufacture, laboratory testing and for the retail sale of adult recreational use cannabis be issued in the city (or town)?”
(b) Upon the adoption of a resolution by the city or town council pursuant to the provisions of subsection (a) of this section, the commission shall not issue any new cannabis related license pursuant to the provisions of this chapter unless and until the electors of the city or town vote to approve the issuance of new cannabis related licenses within the city or town. This provision shall not apply to the issuance of hybrid cannabis retailer licenses.
(c) If a majority of ballots cast on which the electors indicated their choice is against granting the licenses, then no new license pursuant to this chapter shall be issued by the commission relating to the sale of recreational cannabis within the city or town. Provided, however, any existing marijuana cultivator or cannabis testing laboratory licensed pursuant to chapter 28.6 of this title shall be permitted to continue operating within the municipality pursuant to the conditions of licensure (including license renewals) without regard to a referendum conducted pursuant to this section.
(d) Any city or town that by referendum declines to allow the issuance of new licenses relating to the sale of recreational marijuana will not be eligible to receive revenue pursuant to § 21-28.11-13.
(e) A city or town that by referendum declines to allow the issuance of new cannabis related licenses pursuant to the provisions of this chapter may subsequently resubmit the question required by this section to the electors of the city or town, but only upon the passage of a joint resolution of approval by the general assembly.
(f) For the purpose of this section, “cannabis related licenses” includes licenses for cultivation, manufacture, laboratory testing and/or retail sale.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective
May 25, 2022.