Subject
title
Authorization to File a Zoning Text Amendment to Add a Definition for Cannabis Dispensaries and Add Cannabis Dispensaries as a Conditional Use in Mixed Use and Light Industrial Zones
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Department
CPDS - Zoning Review & Other
Recommendation
Staff recommend that the Mayor and Council review the proposed zoning text amendment (see Attachment 1), and if satisfied with the text, authorize its filing to begin the public review process.
Change in Law or Policy
The proposed amendment would add “cannabis dispensary” as a conditional use in the zones where retail use is allowed. Currently, the Zoning Ordinance considers the retail sale of cannabis to be the sale of a consumable good to be used in the home. Given that it is not a defined use in the ordinance.
Discussion
The intent of the proposed Zoning Text Amendment (ZTA) is to align the city’s Zoning Ordinance regulations for cannabis dispensaries with state law regarding the sale of cannabis for recreational or personal use.
The proposed definition for a “cannabis dispensary” is “any retail establishment that is licensed by the state of Maryland to sell cannabis to patients or consumers.”
The proposed ZTA would add “cannabis dispensary” as a conditional use where retail use is permitted generally. This use would be a conditional use in the zones where retail use is permitted, which are the mixed-use (MXTD, MXCD, MXE, MXCT, MXB, MXT, and MXC) and Light Industrial (I-L) zones.
The use would be subject to two conditions: 1) that no onsite consumption is permitted; and 2) that the use complies with the requirements of State law and regulations, including, but not limited to, any distance requirements in § 36-410 of the Alcoholic Beverages and Cannabis Article of the Maryland Annotated Code, as may be amended.
The distance requirements in the state code are: that standard dispensaries may not be located within 500 feet of the following pre-existing sensitive uses: primary and secondary schools, child care centers, playgrounds, recreation centers, libraries, places of worship, and public parks. In addition, standard dispensaries may not be located within 1,000 feet of another dispensary.
State code also forbids jurisdictions from adopting requirements for dispensaries that are more restrictive than the requirements for licensed alcoholic beverage retailers. Currently, the city does not have zoning restrictions on alcoholic beverage retailers, so the city is limited in enacting more stringent requirements without also imposing such requirements on alcoholic beverage retailers. This would potentially impact such retailers significantly, and staff does not recommend imposing such requirements on alcoholic beverage retailers.
The proposed zoning text amendment includes a prohibition on establishments that allow onsite consumption of cannabis, which is allowed by the 2025 cannabis reform bill.
Mayor and Council History
This is the first time that the proposal has been brought before the Mayor and Council.
Public Notification and Engagement
If the Mayor and Council authorize the filing of the Text Amendment, notification will be provided to neighborhood and business associations, in addition to standard city engagement methods.
Boards and Commissions Review
If authorized for filing, the Text Amendment application would be referred to the Planning Commission for a recommendation.
Next Steps
If authorized for filing, the Text Amendment application would be referred to the Planning Commission for a recommendation prior to the Mayor and Council public hearing and decision.