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3 <br />MU210\317\977365.v1-9/19/24 <br />III. BUFFERS <br /> <br />A. Cannabis Business Buffers from Certain Uses <br />A local unit of government may prohibit the operation of a cannabis business within: <br />1) 1,000 feet of a school; or <br />2) 500 feet of a day care, residential treatment facility, or an attraction within a public park <br />that is regularly used by minors, including a playground or athletic field. <br />The terms school, day care, residential treatment facility, and attraction within a public park that <br />is regularly used by minors, including a playground or athletic field are not further defined in <br />statute or administrative rule, so the city has some discretion in defining these terms. The enclosed <br />OCM guide includes some definitions that were drafted for the OCM’s model ordinance (which is <br />different than the administrative rules). <br />Questions: Is the City interested in adopting buffers for all cannabis businesses, certain cannabis <br />businesses (e.g., retail) or no buffers? <br />If so, is the City interested in buffers from all or some of the identified establishments? <br />B. Buffers from Other Cannabis Businesses <br />While not explicitly listed in statute, the OCM proposes that cities could adopt requirements that <br />cannabis businesses must be located a certain distance from each other. <br />Question: Is the City interested in adopting buffers between cannabis businesses? <br />C. Lower Potency Hemp Edible Buffers? <br />Businesses selling lower-potency hemp edibles, such as beverages and gummies, need to register <br />with the City. While not explicitly addressed in statute, the City should be able to adopt regulations <br />related to these businesses. These might include buffers, zone designation, etc. Cities may be able <br />to also differentiate between hemp businesses selling for on-site consumption and those selling <br />products for off-site consumption. <br />One comparison is that, from a regulatory standpoint, lower-potency hemp edibles are addressed <br />similar to 3.2 beer, while cannabis products are addressed similar to liquor sales. Lower-potency <br />hemp edibles and 3.2 beer can be sold in many different retail locations, while liquor and cannabis <br />must be sold from a designated store. <br />Question: Is the City interested in adopting buffers for hemp businesses?