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House panel approves bill letting local governments enforce hemp retail rules as stopgap
Summary
The House Commerce Committee amended and approved legislation allowing local governments to create Hemp/HDCP boards that can enforce existing state hemp laws and local ordinances if they enter a memorandum of understanding with a state agency; the bill was sent to Finance as amended.
The House Commerce Committee on March 26 approved an amended bill that would let local governments create Hemp/HDCP boards to enforce state hemp laws and related local ordinances under a memorandum of understanding with a state agency.
Sponsor and committee members said the measure is intended chiefly as a stopgap to assist enforcement while the Legislature considers a separate, broader regulatory scheme. "At the moment, my vision for this legislation only enforces what's in state law," sponsor Mister Foster said after members attached amendment 006085. "Local government becomes an arm of the state enforcement on this particular issue."
The amendment the committee adopted adds mandatory language permitting local governments to establish a board and spells out a more defined appeals process, Foster said. Leader Cochran asked whether a local HDCP board could adopt distance requirements similar to beer-board rules; Foster replied that the bill as written only authorizes enforcement of existing state law, though local land-use ordinances remain available.
"Should the state move forward with distance requirements ... I would envision that that would be enforced," Foster said. Chairman Vaughn and other members added that local zoning and use rules are separate and would still apply.
Committee members also discussed permitting and enforcement roles. Foster and other members said the measure is patterned in part on local beer-board structures: local boards could charge fees to support enforcement, require permits specific to hemp retail separate from alcohol permits, and operate under an MOU with the state Department of Agriculture or, if later assigned, the ABC (Alcoholic Beverage Commission).
Supporters said the change is intended to help local governments manage a large number of hemp licensees in some counties while state regulatory work continues. "There are 45 permits for hemp in Greene County right now," a committee member noted, arguing local partners may be needed to handle the workload.
The committee voted 20 ayes, 0 noes and 1 present-not-voting to send House Bill 962, as amended with drafting code 006085 (attached as amendment number 1), to the Finance Committee.
Votes at the committee included the adoption of amendment 006085 to HB 962 and the final passage to Finance as amended. No formal state regulatory changes take effect under this bill without the state agency arrangements described in the text.
Ending: The bill now moves to the Finance Committee for further consideration. Committee members emphasized the measure was intended to preserve state primacy over substantive licensing rules while giving local governments a narrowly defined enforcement role under an agreement with the appropriate state agency.
