Municipal Authority

While the DCP is responsible for the licensing and regulations associated with the cannabis program, for a cannabis establishment to operate, they must first have local zoning approval. In particular, retailers and micro-cultivators must specifically obtain either a special permit or other affirmative approval from the municipality.

In addition, towns and cities are able to regulate certain aspects of cannabis locally, including the location of production, sales, and usage. Separate local host agreements, such as those entered into by municipalities and cannabis establishment operators in Massachusetts, are not permitted.

Those municipalities that decide to allow cannabis retailers, hybrid retailers and micro-cultivators in their community are able to receive revenues equal to 3% of gross receipts of those establishments. (Tax receipt details found in a later section of this Toolkit). For the first 30 days after cannabis retailers or hybrid retailers open, to charge up to $50,000 for reasonable municipal costs for public safety services related to the opening (such as for directing traffic).

Cities and towns have four options regarding zoning regulations and cannabis establishments:

1. Take no action

2. Zone for it

3. Zone against it

4. Implement a moratorium

The chief zoning official of each municipality is required to report any changes to zoning adopted by the municipality regarding cannabis establishments to DCP and the Office of Policy Management (OPM) within 14 days of taking such action.

Municipalities have the authority to regulate cannabis sales and use within their borders in the following ways:

1) Hold a Local Referendum

Upon the petition of 10% of the voters, a referendum must be held on whether to allow recreational marijuana sales or whether to allow certain types of cannabis businesses. (CGS §83(a))

The ballot questions should phrase as:

• “Shall the sale of recreational marijuana be allowed in [MUNICIPALITY]?” or;

• “Shall the sale of cannabis under (Specified license or licenses) be allowed in [MUNICIPALITY]?”; or

• “Shall the sale of recreational marijuana be prohibited (No Licenses) in [MUNICIPALITY]?”

2) Implement Local Zoning Change

Municipalities may amend zoning regulations or enact local ordinances to take the following actions regarding cannabis establishments:

• Prohibit their establishment;

• Reasonably restrict their hours or signage;

• Restrict their proximity to public or parochial schools, charitable institutions, hospitals, veterans’ homes, or certain military establishments or religious institutions;

• Only permit certain types of cannabis establishments in a municipality.

The law generally prohibits any restrictions on cannabis establishment hours, zoning, or signage from applying to existing businesses until five years after the restriction is adopted. This does not apply if the business converts to a different license type.

If a municipality takes no action through ordinance or zoning regulations, these establishments must be zoned as similar uses would be.

When zoning against cannabis establishments, municipalities may amend their zoning regulations or local ordinances to prohibit all cannabis establishments, or subject existing cannabis establishments (i.e. medical marijuana establishments) to operate, or prevent them converting to a different license type for a period of five years from the adoption of the ban on cannabis establishments.

Map of the current municipal zoning regarding cannabis sales (As of June 2025).

Towns and cities, through zoning, can implement a six month or one-year moratorium on permitting new cannabis establishments in any zone in their municipalities. The rationale is that municipal leaders need some time to consider the ramifications of the law on their communities and to implement the appropriate legal structures to regulate or prohibit such establishments.

Municipalities may:

• Require cannabis establishments to be located more than a certain amount from certain facilities;

• Limit retail establishments to commercial zones;

• Limit production facilities to industrial zones;

• Limit hours of operation to 8 a.m. to 10 p.m. on Monday through Saturday, and 10 a.m. to 6 p.m. on Sundays: or

• Require minimum or maximum number of parking spaces; front, side and rear yard requirements; maximum building coverage and more.

Municipalities may not:

• Prohibit the delivery of cannabis to (1) consumers or (2) qualifying medical marijuana patients or their caregivers, if the delivery is made by someone authorized to do so under the bill (e.g., retailers, dispensary facilities, or delivery services);

• Prohibit the transport of cannabis to, from, or through the municipality by anyone licensed or registered to do so;

• Prohibit the delivery of cannabis when the delivery is made by a retailer, hybrid retailer, dispensary facility, delivery service, micro-cultivator or other person authorized to make such delivery pursuant to the Cannabis Act;

• Condition any official action on, or accepting any donations from, any cannabis establishment or applicants for cannabis establishment licenses in the municipality;

• Negotiate or enter into a local host agreement with a cannabis establishment or license applicant.

Municipal Ordinances Banning Consumption In Municipally-Owned Spaces

Municipalities may regulate, on any property owned by the municipality, and any property that a municipality controls but does not own, any activity deemed to be deleterious to public health, including the lighting or carrying of a lighted cigarette, cigar, pipe, or similar device. Property that a municipality controls (but may not own) includes, but is not limited to, sidewalks, parks, beaches, municipal land and buildings, etc. The regulatory authority applies to smoked or vaped tobacco or cannabis and other types of cannabis use or consumption.

For municipalities with a population of 50,000 or more, if the city decides to regulate the public use of cannabis, the municipality must designate a location in the community where public consumption is allowed. This does not require that these municipalities provide for a location where any or all forms of cannabis can be consumed, but only some forms of cannabis can be consumed. The most common forms of consumption are smoking, vaping and edibles. Through these regulations, municipalities may set fines for violations by individuals regarding outdoor consumption of cannabis up to $50.

Municipalities are permitted to ban cannabis smoking and vaping at outdoor sections of restaurants. Through regulations, cities and towns may set fines for violations of up to $1,000 for businesses who allow cannabis smoking or vaping contrary to the regulation of the municipality.