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Yellowstone County, MT Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Billings has its own dispensary zoning rules that differ from Yellowstone County's county-level regulations. If you live in Billings, check the city-specific page instead.

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?
No. Section 27-1005.Q requires a 600-foot separation between any marijuana dispensary and primary or secondary educational facilities, measured from the exterior of the dispensary's occupied building space to the property line of the school. The county will not approve a dispensary inside that buffer, and the distance cannot be reduced through a variance or other adjustment.
Has Yellowstone County banned marijuana dispensaries?
The Zoning Code contains no dispensary ban. Instead it regulates where they can operate, subject to Section 27-1005.Q's 600-foot buffer from protected uses and its rule against combining a dispensary with cultivation, testing, manufacturing, or transportation on the same site unless separations are still met.
What happens to a dispensary that already sits inside the 600-foot buffer?
It is treated as a legal nonconforming use under Section 27-1500 rather than being shut down outright, but it remains subject to that section's limits on nonconforming uses rather than the standard rules for a conforming dispensary.
Can one building house a dispensary plus a marijuana cultivation operation?
Only if the required separation distances can still be met for the dispensary use, per Section 27-1005.Q. Otherwise the two marijuana uses cannot be combined on the same site, and each is classified as a primary use for zoning purposes.

Sources & Official References

Other rules in Yellowstone County

All Yellowstone County rules

Compare Yellowstone County to another location·View the Montana cannabis regulations overview

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