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This entry was published on 2021-04-09
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SECTION 131
Local opt-out; municipal control and preemption
Cannabis (CAN) CHAPTER 7-A, ARTICLE 6
§ 131. Local opt-out; municipal control and preemption. 1. The
licensure and establishment of a retail dispensary license and/or
on-site consumption license under the provisions of article four of this
chapter authorizing the retail sale of adult-use cannabis to cannabis
consumers shall not be applicable to a town, city or village which,
after the effective date of this chapter, and, on or before the later of
December thirty-first, two thousand twenty-one or nine months after the
effective date of this section, adopts a local law, subject to
permissive referendum governed by section twenty-four of the municipal
home rule law, requesting the cannabis control board to prohibit the
establishment of such retail dispensary licenses and/or on-site
consumption licenses contained in article four of this chapter, within
the jurisdiction of the town, city or village. Provided, however, that
any town law shall apply to the area of the town outside of any village
within such town. No local law may be adopted after the later of
December thirty-first, two thousand twenty-one or nine months after the
effective date of this section prohibiting the establishment of retail
dispensary licenses and/or on-site consumption licenses; provided,
however, that a local law repealing such prohibition may be adopted
after such date.

2. Except as provided for in subdivision one of this section, all
county, town, city and village governing bodies are hereby preempted
from adopting any law, rule, ordinance, regulation or prohibition
pertaining to the operation or licensure of registered organizations,
adult-use cannabis licenses or cannabinoid hemp licenses. However,
towns, cities and villages may pass local laws and regulations governing
the time, place and manner of the operation of licensed adult-use
cannabis retail dispensaries and/or on-site consumption site, provided
such law or regulation does not make the operation of such licensed
retail dispensaries or on-site consumption sites unreasonably
impracticable as determined by the board.