§ 863. Regulation by local government
(a)(1) Prior to a cannabis retailer or the retail portion of an integrated licensee operating
within a municipality, the municipality shall affirmatively permit the operation of
such cannabis establishments by majority vote of those present and voting by Australian
ballot at an annual or special meeting warned for that purpose. A municipality may
place retailers or integrated licensees, or both, on the ballot for approval.
(2) A vote to permit the operation of a licensed cannabis retailer or integrated licensee
within the municipality shall remain in effect until rescinded by majority vote of
those present and voting by Australian ballot at a subsequent annual or special meeting
warned for that purpose. A rescission of the permission to operate a licensed cannabis
retailer or integrated licensee within the municipality under this subdivision shall
not apply to a licensed cannabis retailer or integrated licensee that is operating
within the municipality at the time of the vote.
(b) A municipality that hosts any cannabis establishment may establish a cannabis control
commission composed of commissioners who may be members of the municipal legislative
body. The local cannabis control commission may issue and administer local control
licenses under this subsection for cannabis establishments within the municipality
but shall not assess a fee for a local control license issued to a cannabis establishment.
The commissioners may condition the issuance of a local control license upon compliance
with any bylaw adopted pursuant to 24 V.S.A. § 4414 or upon ordinances regulating signs or public nuisances adopted pursuant to 24 V.S.A. § 2291, except that ordinances may not regulate public nuisances as applied to outdoor cultivators
that are regulated in the same manner as the Required Agricultural Practices under
subdivision 869(f)(2) of this title. The commission may suspend or revoke a local control license for a violation of
any condition placed upon the license. The Board shall adopt rules relating to a municipality’s
issuance of a local control license in accordance with this subsection and the local
commissioners shall administer the rules furnished to them by the Board as necessary
to carry out the purposes of this section.
(c) Prior to issuing a license to a cannabis establishment under this chapter, the Board
shall ensure that the applicant has obtained a local control license from the municipality,
if required, unless the Board finds that the municipality has exceeded its authority
under this section.
(d) A municipality shall not:
(1) prohibit the operation of a cannabis establishment within the municipality through
an ordinance adopted pursuant to 24 V.S.A. § 2291 or a bylaw adopted pursuant to 24 V.S.A. § 4414, or regulate a cannabis establishment in a manner that has the effect of prohibiting
the operation of a cannabis establishment;
(2) condition the operation of a cannabis establishment, or the issuance or renewal of
a municipal permit to operate a cannabis establishment, on any basis other than the
conditions in subsection (b) of this section; or
(3) exceed the authority granted to it by law to regulate a cannabis establishment. (Added 2019, No. 164 (Adj. Sess.), § 7, eff. Oct. 7, 2020; amended 2021, No. 62, § 1, eff. June 7, 2021; 2021, No. 86 (Adj. Sess.), § 3, eff. March 25, 2022; 2023, No. 65, § 5, eff. June 14, 2023.)