Yellowstone County, MT Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Buffer distance
- 600 ft from protected uses
- Protected uses
- Schools, churches, parks, day cares, youth/behavioral health
- Variance allowed
- No, buffer is fixed
- Nonconforming dispensaries
- Governed by Sec. 27-1500
- Enforcing office
- Planning & Community Services
- Governing section
- Zoning Code § 27-1005.Q
Summary
In unincorporated Yellowstone County, the Zoning Code allows marijuana dispensaries only in the zone districts where Table 27-1000.1 marks them PR (permitted with restrictions), and only outside a hard 600-foot buffer from schools, churches, parks with playgrounds, day cares, youth centers and behavioral health facilities. Section 27-1005.Q bars any variance from that distance, and dispensaries already inside the buffer are treated as nonconforming uses rather than banned outright.
Q. MARIJUANA DISPENSARIES The following standards apply to all marijuana dispensaries within the County jurisdictional zoning area.
1. Separation distances.
(a) All marijuana dispensaries shall be separated by 600 feet from religious institutions, primary and secondary educational facilities, public parks that contain a children's playground or playfield, day care centers, youth centers, behavioral health facilities ("protected use" as defined in subsection 27-1802.G) as measured from the exterior of the occupied building space of the marijuana dispensary to the property line of the protected use.
(b) Required separations are not subject to reduction, adjustment, or variance and dispensaries shall not be approved within the distances specified.
(c) Existing facilities that do not meet this required separation will be considered nonconforming uses and will be regulated by Section 27-1500 (Nonconformities) of this code.
Full Breakdown
Q of the Zoning Code, part of Article 27-1000's use-specific standards for commercial uses. Q's separation rule is even reached. The rule reaches every dispensary "within the County jurisdictional zoning area," meaning the unincorporated county outside Billings, Laurel and Broadview. The core requirement is a 600-foot separation between a dispensary and any "protected use," defined to include religious institutions, primary and secondary educational facilities, public parks with a children's playground or playfield, day care centers, youth centers, and behavioral health facilities. The measurement runs from the exterior of the dispensary's occupied building space to the protected use's property line, not lot line to lot line, so a large commercial building can still fail the test even with generous setbacks elsewhere on the parcel.
The buffer is absolute: required separations are "not subject to reduction, adjustment, or variance," closing off the special-review or variance paths that apply to other standards in this code. The standards also police how dispensaries combine with other marijuana uses: a dispensary cannot be paired with a cultivation site, testing laboratory, manufacturing operation, or transportation business on the same site unless the separation distances can still be satisfied for the dispensary component, and all marijuana uses are classified as primary uses for zoning purposes. Q adopts those definitions unless the Zoning Code's own Section 27-1803 supplies a different one. Facilities that predate this separation standard and cannot meet it are grandfathered as nonconforming uses under Section 27-1500 rather than forced to close.
Violations & Fines
Operating a dispensary that violates the 600-foot buffer, or otherwise failing to comply with Section 27-1005.Q, is a misdemeanor under Section 27-1704.G, punishable by a fine up to the state statutory limit, up to six months in the county jail, or both, with each day of continued violation counted as a separate offense. The zoning coordinator in Planning & Community Services can also issue a stop-use order, and the county may pursue civil action to abate the violation.
Frequently Asked Questions
Can a marijuana dispensary open next to a school in unincorporated Yellowstone County?
Has Yellowstone County banned marijuana dispensaries?
What happens to a dispensary that already sits inside the 600-foot buffer?
Can one building house a dispensary plus a marijuana cultivation operation?
Sources & Official References
Other rules in Yellowstone County
Compare Yellowstone County to another location·View the Montana cannabis regulations overview
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