Subject
title
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 recommends that the Mayor and Council conduct the public hearing.
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. See Attachment 1 above - Draft Ordinance.
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.
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.
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 (see Attachment 2 above - MCA Zoning Update 2024). 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.
Mayor and Council History
At the May 19, 2025 meeting, the Mayor and Council authorized the filing of this ZTA which is consistent with the state regulations.
Public Notification and Engagement
The standard notification for public hearings occurred.
Boards and Commissions Review
The Planning Commission reviewed the application at its meeting on May 28 and recommended approval by unanimous vote.
Next Steps
If the Mayor and Council wish to proceed with the adoption of the draft zoning text amendment, the process is outlined on the next agenda item.