A new bill requiring voter approval for local government prohibitions on the operation and siting of cannabis businesses has been introduced and heard in the House. HB 1650, sponsored by Rep. Sharon Wylie (D–Vancouver), removes local elected decision-making authority and attempts to reopen an issue that has long been settled.

The bill would prevent local governments from prohibiting cannabis retail businesses in their jurisdiction after July 1, 2027 unless a majority of voters in the jurisdiction voting in a general election vote after July 1, 2023 to approve an ordinance prohibiting cannabis retailers. This means that even cities that had previously submitted the issue to voters would need to resubmit the ban to a vote. Currently about 80 cities out of 281 have some kind of prohibition on cannabis retail businesses.

The bill also establishes state preemption of the regulation of cannabis retail businesses except for existing zoning authority for siting, ordinances of general application, or the authorization for voter-approved bans. This regulatory preemption will likely impact cities that currently allow the siting of cannabis retailers forcing them to revise their requirements.

Finally, the bill tries to allocate cannabis excise tax revenues from certain new cannabis retail outlets located in jurisdictions that had prohibitions that were not reimposed by voter approval until July 1, 2032 to support substance abuse disorder prevention treatment services as well as cannabis research.

AWC testified in opposition to the bill and several cities also expressed opposition due to the preemption issues as well as the confusion created by the redirection of cannabis revenues. We would appreciate your feedback on this bill. Please email Candice Bock or Katherine Walton.

MSRC has published this helpful resource to see local cannabis zoning ordinances across the state: