Subject
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Introduction and Possible Adoption of Zoning Text Amendment TXT2025-00270, to Regulate Establishments that Include the Retail Sale of Cannabis for Personal Use; Mayor and Council of Rockville, Applicants
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Department
CPDS - Zoning Review & Other
Recommendation
Staff recommend that the Mayor and Council adopt the draft ordinance of their choice at its June 9 meeting. To adopt the ordinance, a council member must introduce the ordinance. A motion to waive the layover period must then be approved by six or more members of the Council, after which the vote to adopt the ordinance may take place.
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.
The proposed alternative ordinance would also add “cannabis dispensary with drive-through dispensing services” as a conditional use in zones where retail use is allowed, subject to relevant state requirements and criteria for other drive-through uses.
Discussion
The intent of the draft ordinance for Zoning Text Amendment TXT2025-00270 is to align the city’s zoning regulations for cannabis dispensaries with state law regarding the sale of cannabis for recreational or personal use (see Attachment 1 - Draft Cannabis ZTA Ordinance 052725).
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.” In addition, the ZTA if adopted 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 the condition 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.
As an alternative, additional clarity could be added to the code to state that a “cannabis dispensary with drive-through dispensing services” would also be a conditional use in the same zones. State code permits the retail sale of cannabis products via drive-through dispensaries, so the Zoning Ordinance would match state code in this regard. In addition, staff recommends that a drive-through dispensary be subject to the same conditional use requirements regarding site circulation and reservoir spaces as a drug store with drive-through. The draft ordinance at Attachment 2 reflects the addition of drive-through dispensaries.
While State code affords local jurisdictions some flexibility in enacting separation requirements for cannabis dispensaries, it also forbids jurisdictions from adopting requirements for dispensaries that are more restrictive than the requirements for licensed alcoholic beverage retailers. The city does not have separation requirements for alcoholic beverage retailers, so the city is limited in enacting more stringent requirements on cannabis retailers without also imposing such requirements on alcoholic beverage retailers.
The draft ordinance does not include a prohibition on establishments that allow onsite consumption of cannabis, which is allowed by the 2025 cannabis reform bill, and which was removed from the draft by the Mayor and Council on May 19.
Impact Statements
Equity
The intent of the state legislation is to provide greater opportunities, particularly to prospective licensees who were previously restricted by past cannabis regulations. The ZTA does not impose a greater distance requirement between dispensaries that retail cannabis products for personal use.
Environment
There will be no known environmental impact from the adoption of the ZTA.
Economy
The state legislation was crafted so that communities that were overly burdened in the past may benefit economically from the legislation that allows for cannabis dispensaries that retail cannabis products for personal use. If the Mayor and Council enact the baseline separation distances that mirror state law, those opportunities will be available in Rockville as intended by the legislation.
Mayor and Council History
The Mayor and Council authorized the filing of Zoning Text Amendment TXT2025-00270 on May 19, 2025.
Public Notification and Engagement
Public notification followed the city’s accepted practice.
Boards and Commissions Review
The Planning Commission reviewed the proposed ZTA on May 28, 2025, and recommended approval by unanimous vote.
Next Steps
Adoption will conclude the review process.
Suggested motions:
“I introduce the ordinance for Zoning Text Amendment TXT2025-00270.”
Once introduced, “I move to waive the layover period in order to adopt the ordinance”
If six or more have voted affirmatively to waive the layover period, “I move to adopt the ordinance to approve Zoning Text Amendment TXT2025-00270.”