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Foley delegates local cannabis retail registration to Benton County and sets rules for temporary cannabis events

Foley City Council · December 4, 2024
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Summary

Council approved a joint powers agreement delegating local retail cannabis registration to Benton County (county buffer zones and a cap of four retail licenses apply) and adopted an ordinance governing temporary cannabis events, including rules that prohibit on‑site consumption at events covered by the city permit.

The Foley City Council voted to enter a joint powers agreement with Benton County to have the county administer local retail registrations for cannabis businesses. City attorney Ashley (speaker 3) told the council the agreement allows the city to follow the county ordinance (which includes buffer zones and a county cap of four retail businesses across participating communities) and protects liability by preventing "stacked" insurance claims if litigation occurs.

Ashley said the county buffers mirror statute limits — for example, prohibitions on retail within 500–1,000 feet of schools or child‑oriented facilities — and noted the city could adopt zoning ordinances that are consistent and not in conflict with the county rules. Council discussion confirmed the county cap would apply by population calculations and a first‑come, first‑served application process through Benton County.

Separately, the council adopted ordinance 4‑90 establishing standards for temporary cannabis events (pop‑ups or multi‑day vendor events up to four days). The ordinance requires applicants to hold an Office of Cannabis Management license, obtain a city permit, and meet public‑safety performance standards such as fencing to enclose the event, potable water, medical services and security. Under the ordinance as written, on‑site consumption at a permitted temporary cannabis event would not be allowed; attendees could purchase products to take off‑site.

Council members discussed local control, buffers and the possibility of limiting locations; staff and the attorney noted no existing local businesses would be grandfathered because no state licenses have been issued yet due to ongoing litigation at the state level. The joint powers agreement and the temporary‑events ordinance passed the council.