§ 21-28.11-16. Local control.
(a) A city or town may adopt ordinances and by-laws that impose reasonable safeguards on the operation of cannabis establishments, provided they are not unreasonable and impracticable and are not in conflict with this chapter or with regulations made pursuant to this chapter and that:
(1) Govern the time, place and manner of cannabis establishment operations and of any business dealing in cannabis accessories, except that zoning ordinances or by-laws shall not operate to:
(i) Prevent the conversion of a medical marijuana compassion center licensed or registered engaged in the manufacture or sale of cannabis or cannabis products to an adult use retail cannabis establishment engaged in the same type of activity under this chapter; or
(ii) Limit the number of cannabis establishments below the limits established pursuant to this chapter;
(2) Restrict the licensed cultivation, processing and manufacturing of cannabis that is a public nuisance;
(3) Establish reasonable restrictions on public signs related to cannabis establishments; provided, however, that if a city or town enacts an ordinance or by-law more restrictive than the commission’s standard, then the local ordinance or by-law shall not impose a standard for signage more restrictive than those applicable to retail establishments that sell alcoholic beverages within that city or town; and
(4) Establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this subsection, similar to a penalty imposed for violation of an ordinance or by-law relating to alcoholic beverages.
(b) A city or town may adopt ordinances that ban or impose restrictions on the smoking or vaporizing of cannabis in public places, including outdoor common areas, parks, beaches, athletic and recreational facilities and other public spaces.
(c) No city or town shall prohibit the transportation of cannabis or cannabis products or adopt an ordinance or by-law that makes the transportation of cannabis or cannabis products unreasonable and impracticable.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective
May 25, 2022.