BROOKINGS – The Brookings County Commission and County Planning & Zoning Commission held a joint meeting for a public hearing and first reading of Ordinance 2021-03 that states that a medical cannabis dispensary should do one prior to selling THC substances License must be obtained by the county.
The County Planning & Zoning Commission also voted to recommend that the Brookings County Commission approve the ordinance.
The county said no licenses will be issued until the state has fully worked out the legal structure for the distribution of cannabis through Measure 26 initiated.
The second reading of this provisional regulation will take place on June 1st, with the entry into force on June 10th. The initiated measure 26 will technically come into force on July 1st. However, since South Dakota legislation does not have set regulations for counties or districts, local governments cannot / will not be licensed yet because standard procedures have not been established.
According to the ordinance, “Medical cannabis state laws under SDCL 34-20G will apply from July 1, 2021. The South Dakota Department of Health will issue rules under Chapter 1-26, as defined in SDCL 34-20G, by October 29, 2021 at the latest -72. In the period between July 1, 2021 and possibly October 29, 2021, the local government units are not yet aware of the standards for medical cannabis and cannot adequately assess the local zoning and licensing requirements required for on-site licensing and to ensure applicants have a more predictable approval process and avoid stranded investments. “
It continued, “The county is tentatively determining that the county needs further investigation into the relationship of medical cannabis facilities to the county’s comprehensive plan and zoning ordinance. The public interest requires the county to study, analyze, and evaluate the impact of medical cannabis operations and fully investigate the impact of any proposed regulations regarding medical cannabis operations. “
The ordinance provides that the county is empowered under SDCL 11-2-10 and SDCL 7-18A-8 to refuse to distribute licenses until the state has a legal structure for medical cannabis in place.
Please visit https://www.brookingscountysd.gov/agendacenter for more information. To watch the meeting, visit https://www.youtube.com/watch?v=C6gAy83v68Q.
Contact Matthew Rhodes at [email protected]