Henderson Council Approves Relaxed Distribution Rules on Cannabis Delivery

closeup photo of cannabis plant

On Tuesday, the Henderson City Council adopted new regulations that will loosen restrictions on cannabis stores in the area and permit delivery services. The new measure eliminates a preexisting colocation requirement and sets a maximum of 11 cannabis sales establishments per city. Additionally, it does away with the clause that permitted exemptions from or modifications to the mandated 1-mile minimum separation distance between cannabis businesses.

The city council has recently canceled a previous regulation that was put into effect in September 2017. This rule required retail shops selling cannabis to be linked to a medical cannabis dispensary to carry out business operations. Officials from the city of Henderson report that there are currently five cannabis stores located within the city limits. Notably, all of them are positioned next to a medical cannabis dispensary.

Council also reversed a previous law that required retail cannabis businesses to be linked to a medical cannabis dispensary in order to operate. That regulation was enacted in September of 2017. According to city officials, Henderson presently has five retail cannabis outlets, all of which are near to a medical cannabis dispensary.

According to municipal records, the Cannabis Compliance Board awarded six conditional retail cannabis store licenses to Henderson businesses.

Retail cannabis establishments will still need to be at least 1,500 feet away from an unrestricted gambling establishment and 1,000 feet away from a school or public park.

The ordinance also requires independent businesses in industrial districts to be at least 1,400 gross square feet in size and housed in structures with multiple tenant spaces designated for retail storefronts.

They are still not permitted to place advertisements in public locations such as sidewalks, parks, streets, or other common spaces.

Another rule that was unanimously approved by the council will allow retail cannabis establishments to transport cannabis products. Businesses must demonstrate that consumers are at least 21 years old and have a cannabis delivery license, among other conditions listed in the rule.

The rule forbids both limited and uncontrolled cannabis delivery to gaming establishments, as well as deliveries that exceed the state-permitted cannabis limitations per person and per vehicle.

The city also decided to create a “Marijuana Resolution Account” that will divert a portion of retail cannabis store licensing fees into a separate account for drug enforcement, anti-drug education, and social impact programming such as outreach to the homeless, emergency housing, and crisis intervention.

Retail cannabis businesses must pay Henderson 3% of their gross sales, and 35% of any irregular increases in these semi-annual license payments will be set aside for this account, according to city officials.

Mayor Michelle Romero stated that providing the necessary tools and support to the homeless individuals and addressing serious community issues such as those raised at the Fentanyl Awareness Summit could go a long way in resolving them. She expressed hope that the account would be beneficial in this regard.