Posted: May 27, 2021
Rapid City
Agenda Item Summary

Agenda Item Ref. #: WS060221 39

Agenda Item Title:

Introduction and First Reading of Ordinance No. 6497 An Ordinance Clarifying the Status and Legality of Medical Cannabis Establishments in City Limits Prior to the State’s Issuance of Rules Governing Such Establishments by Amending Titles 5 and 17 of the Rapid City Municipal Code

Origination Group:
City Council Working Session
Origination Meeting Date:
06/02/2021
City Council First Reading Date:
06/02/2021
City Council Second Reading Date:
06/21/2021
Staff Contact:
Joel Landeen, City Attorney; Carla Cushman, Assistant City Attorney
Agenda Item Summary:
In November 2020, South Dakota voters passed Initiated Measure 26 to legalize marijuana for medical use (SDCL Chapter 34-20G). IM 26 is effective July 1, 2021. While IM 26 gave cities the ability to regulate the time, place, manner, and number of medical cannabis establishments (including dispensaries) within their limits, the law also gives the State Department of Health until October 29, 2021 to adopt additional regulations concerning these establishments, including the process for registering these establishments. City staff believe that the City’s adoption of rules for these establishments should follow the State’s generation of additional rules based upon IM 26. On that basis, this temporary ordinance is proposed to clarify the status of medical cannabis establishments within City limits until additional ordinances can be adopted. Ordinance 6497 clarifies that the City wishes to license medical cannabis establishments, and that the City will not issue any licenses until the State’s regulations have been adopted (and further licensing procedures are adopted by amendment of the ordinance). The ordinance also clarifies that medical cannabis establishments are not currently legal within any zoning district in the City, and gives the City six months to adopt a zoning ordinance to address these establishments. This ordinance is intended to clarify the current status of the law: that medical cannabis establishments may not legally operate within the City limits until they obtain a City license and the zoning code is amended to permit them in certain zoning districts. A Council working session will be held to discuss the City’s regulation of medical cannabis establishments, and City staff are working to draft a zoning ordinance and a licensing ordinance while awaiting the state’s draft regulations.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Attachments & Links to Download:

pdf WS060221 39 Ordinance No 6497 (205 KB)

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