Government and Legal Process

MRTA (Cannabis Law), Article 6, Sections 131–139

Article 6 governs how cannabis law interacts with local governments, courts, and state agencies.

These sections determine where cannabis businesses may operate, how municipalities participate, how legal challenges work, and what happens when part of the law is invalidated. Operators encounter these rules during site selection, municipal disputes, enforcement actions, and appeals.

What This Covers

Municipal opt-out authority and limits
State preemption of local cannabis regulation
When OCM must be included in legal actions
How courts review cannabis licensing decisions
What severability means for ongoing compliance

Local Government Authority and Limits

Local Opt-Out and Municipal Control (Section 131)

Municipalities may opt out of allowing:

Retail dispensaries
On-site consumption licenses

If a municipality opts out, those license types cannot operate there.

Municipalities may not opt out of:

Cultivation
Processing
Distribution

These activities are controlled exclusively by the State.

Even where retail is allowed, municipalities retain authority over:

Zoning
Building permits
Fire code approvals
Signage
Limited control over hours of operation

Before committing to a location, operators must confirm:

The municipality did not opt out
Zoning permits cannabis use
The site complies with all local siting rules

Failure to verify this has caused operators to lose leases, deposits, and buildout costs.

Legal Proceedings and Appeals

Office as a Necessary Party (Section 131-A)

If a legal action involves cannabis licensing, enforcement, or regulation, the Office of Cannabis Management must be named as a party.

If OCM is not included:

The case cannot proceed
Courts dismiss the action
Appeals must be refiled

For operators, this means:

Any challenge to a denial, revocation, or enforcement order must include OCM
Excluding the regulator is not permitted

This is a legal requirement, not a litigation strategy.

Review by Courts (Section 135)

Applicants and licensees may seek judicial review of OCM or Cannabis Control Board decisions.

Courts do not:

Re-evaluate applications
Replace agency judgment
Fix incomplete submissions

Courts review only:

Whether proper procedures were followed
Whether the decision was reasonable
Whether the administrative record supports the outcome

The record includes:

The application
Deficiency responses
Communications with OCM

Weak or incomplete records cannot be repaired on appeal.

Severability (Section 139)

If a court invalidates one provision of Article 6, the remaining sections remain enforceable.