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Marijuana Buffer Rule Modified

September 16, 2013 by Jim Doherty
Category: Marijuana

Marijuana Buffer Rule Modified

Under pressure from the federal government, the state Liquor Control Board (LCB) announced on September 13th that its proposed regulation regarding the 1,000 foot buffer between marijuana businesses and certain types of facilities will be modified by an emergency rule to be filed on October 16. According to the board's email announcing its intention to modify the proposed regulation, the minimum distance between marijuana businesses and schools, playgrounds, parks, youth recreational centers, etc. is now to be measured "as the crow flies" – from the closest points of the two properties.

The LCB had previously proposed a regulation allowing the 1,000 foot distance to be measured by the most direct route one would walk between the two properties. The federal government felt strongly that the regulation should be consistent with federal law on this point, so the state agency is modifying that proposed rule in response.

About Jim Doherty

Jim has over 24 years of experience researching and responding to varied legal questions at MRSC. He is the lead attorney consultant and has special expertise in transmission pipeline planning issues, as well as the issues surrounding medical and recreational marijuana.



"My guess is it refers to US Code 21, subsection 860 "Distribution or manufacturing in or near schools or colleges". There are additional penalties if within 1000 ft. My guess is that is probably a guideline they are using."

Chris Hutchings on Sep 25, 2013 10:16 AM

"The federal government felt strongly that the regulation should be consistent with federal law Jim, what federal law is being referred to? There's certainly no federal law referencing required distance from cannabis retail stores."

Dee Bickle on Sep 19, 2013 12:04 PM

2 comments on Marijuana Buffer Rule Modified


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