However, a new rule from the state could give the city the authority to prohibit any medical marijuana businesses from operating in Mitchell, if state lawmakers officially adopt the rule in October. But considering the early steps the city has taken to welcome the new industry by passing ordinances that are comparatively less restrictive than other cities’ regulations, Mitchell Mayor Bob Everson said the city wouldn’t go that route if the rule goes into effect.
“That’s not the route we’re going. We’re making that change simply just to match our ordinance with the state rules,” Everson said, noting the city’s ordinance still allows for five dispensary licenses, with no cap on the number of cultivation facilities.
While the Mitchell City Council approved an ordinance in early June that spells out the medical marijuana regulations for the industry to operate in Mitchell, it hinges on the state’s rules that city governments are expected to follow. After the Legislature’s Interim Rules Review Committee approved 143 of the Department of Health’s recommended measures on Sept. 13, City Attorney Justin Johnson is working with the council to implement the new rules into Mitchell’s medical marijuana ordinance, which he said will pave the way for the city to begin accepting license applications by Oct. 4.
“As soon as the state’s rules are published and adopted and put into place on October 4 like the state is anticipating, we would be accepting applications at that time. If we had to wait through the entire process, we would be having people apply when our new rules have technically not gone into effect yet,” Johnson said.
Among the other notable new measures from the state that the council will consider including in its own medical marijuana ordinance on