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Local entrepreneur asks Bennett County to drop extra cannabis restrictions; commissioners say county rules do not apply inside city limits
Summary
A prospective cannabis-business owner asked the Bennett County Commission to remove county rules he said exceed state requirements; the board explained the county ordinance applies outside municipal boundaries and does not override city ordinances.
Tyler Nolan addressed the Bennett County Board of Commissioners on Jan. 8, 2025 about county ordinances that he said add restrictions beyond state law for medical cannabis dispensaries.
Nolan distributed copies of state statute citations and argued the county’s local rules (distance requirements from churches, parks, residences and other sites) leave “nowhere in Martin” where a dispensary could locate. He said the state’s primary distance requirement is 1,000 feet from a school and asked the county to drop local provisions he said conflict with state law.
Commission response: Commissioners explained that county ordinances govern unincorporated areas and do not apply within municipal boundaries where a city has adopted its own ordinance. A commissioner told Nolan that if he plans to operate within the city limits, the county ordinance would not prevent the city from issuing a local permit; if he intends to locate outside the municipality, the county’s ordinance would apply.
Why it matters: Nolan said a dispensary could bring new business and tax revenue to the area; commissioners emphasized that the legal interaction between state statute, municipal ordinance and county ordinance determines whether county rules apply to a particular location.
No formal vote was taken. Nolan signaled he intended to pursue permits depending on the city’s ordinance and county application requirements.
