Montana Marijuana Dispensary Local Authority and Buffers

Montana's Marijuana Regulation and Taxation Act preempts local prohibition in counties where voters approved I-190 (green counties), requiring those jurisdictions to permit licensed adult-use dispensaries subject to reasonable zoning. Section 16-12-207, MCA, mandates a 500-foot setback from schools, places of worship, and youth-serving facilities. Red counties (which voted against I-190) may prohibit adult-use businesses unless local voters approve. Cities cannot impose moratoriums that effectively ban dispensaries in green counties, though they may regulate signage, hours, and density consistent with the statute.

Operating without a state license is a felony; local zoning violations carry civil fines, license suspension, or revocation by the Cannabis Control Division.