The Becker County Board of Commissioners approved a county cannabis zoning ordinance on Dec. 31 that makes cannabis establishments conditional uses in specified zones and clarifies how local setbacks will be measured.

Board and staff discussion focused on two legal limits: state statute prevents local governments from adopting more restrictive setbacks than the statute allows; and the county's ordinance must avoid conflicting with state rules that govern licensing and operation. County staff told the board they and county counsel reviewed the statute and concluded the county cannot increase specified state setbacks, although local measurement conventions (measuring between property lines or building footprints) can be defined to clarify implementation.

Why it matters: The ordinance creates a county process to review cannabis retailers, growers and other cannabis establishments and sets a conditional-use path so individual proposals can be evaluated case-by-case. Commissioners and staff said the county expects to revisit and refine the ordinance as state regulations and court decisions evolve.

Key decisions and conditions: The board decided to measure setbacks from property lines in many cases (to provide more distance around schools and other public-use properties) and to treat cannabis establishments as conditional uses so the county can review site-specific impacts. The board discussed measuring from the nearest public-use area on a school property (playgrounds, athletic fields) rather than from a parked-building footprint. The county also intends to mirror state size limits for cultivation operations and to rely on state licensing and security requirements.

Action taken: The board voted to enact the cannabis zoning ordinance, with one commissioner specifying that the board would not adopt setbacks that conflict with state law. Commissioners acknowledged the ordinance is likely to be revised as state law and litigation settle.

Next steps: Staff will finalize the ordinance text to reflect the board's measurement preference (property-line measurement for public-use distances), ensure the conditional-use review criteria are clear, and update the ordinance if the state issues new rules.