Objection by municipality

Prior to the initial renewal or transfer of a license, a municipal government may object to the continued licensure of a medical marijuana dispensary if the municipal government determines the medical marijuana dispensary is operating contrary to the required setback distance after taking into account the error in measurement allowance. (1) To object to the initial renewal or transfer of a license, the municipal government shall submit the following documentation: (A) An objection in a form and manner as determined by the department; (B) A municipal resolution finding that the medical marijuana dispensary is located within the prohibited setback distance from a school; (C) Documentation establishing that the school in question was openly in existence prior to the medical marijuana dispensary being licensed; (D) Documentation of the measured distance from the school to the marijuana dispensary measuring in a straight line from the school door nearest the front door of the medical marijuana dispensary to the front door of the medical marijuana dispensary less the error in measurement allowance. (2) If the Department determines a medical marijuana dispensary is operating contrary to the required setback distance from a school, including the error in measurement allowance, the Department may deny the renewal or transfer of license and move for revocation of the license.