“Could some creative lawyers advise you to build an pocket park or tiny library in an area where you do not want a dispensary located?”
By Bryan P. Sears of Maryland Matters
Leaders of counties are warned to use reasonable reasoning when considering zoning restrictions to limit cannabis businesses.
The Maryland Cannabis Administration will soon open an application window to award over six dozen new licenses for dispensaries. Maryland Association of Counties, which represents county officials who are frustrated with what they perceive as a vagaries in state law or a usurpation of the local control of land usage by the state, called for a more measured approach to zoning.
Kevin Kinnally is the legislative director of the association. He said, “There have been all sorts of crazy and outlandish proposals in order to get around this law… We could build a bunch of small libraries throughout the county and then that would be a library, so we wouldn’t have” to allow a nearby dispensary. “That won’t fly. “That’s not going fly.” It won’t work. It makes it more difficult to deal with the legislators, in my opinion, because they are likely to take a heavy-handed approach when they see such things. We don’t want a situation in which we are further preempted. “I would like to ask everyone, please stay within reason.”
The cannabis industry is about to explode in the state.
There are currently 101 licensed dispensaries across the state. Licenses are distributed fairly evenly across 47 legislative districts.
Will Tilburg said that a few counties “have no exposure to cannabis businesses right now and this is going to change in the future.”
Tilburg said, “We’re talking about 75 dispensaries total in this round. This would bring the total state to 176, compared to the 7,000 alcohol outlets within the state.” It’s not an apples-to apple comparison when it comes to market access and distribution, compared to the alcohol or tobacco outlets within the state.
In the next round, more than 170 licenses will be issued to boost social equity within the industry.
These licenses are intended to increase ownership in communities that have been disproportionately affected historically by drug enforcement, with a focus on Black and Brown people.
In the next round, 19 of the 24 major political subdivisions of the state will receive one to three social equity dispensary licences. According to the Maryland Cannabis Administration, Montgomery and Prince George’s Counties are set to receive nine licenses each and Baltimore City will get 11.
A second round is anticipated in May. Third round licenses could be issued based on Maryland’s supply and demand.
Shad Ewart teaches cannabis entrepreneurship to students at Anne Arundel County Community College. He said that there are about 280 Mickey Ds throughout Maryland. There are about 290 Starbucks located in Maryland. In Maryland, there will be 300 dispensaries.
Unfair burden is ‘pretty obvious’
Some jurisdictions are, however, looking at zoning as a way to limit the location of dispensaries.
The state law signed by Governor earlier this year was passed in the spring. Wes Moore’s (D) goal was to prevent counties from making it hard for cannabis businesses to start up.
Brian Feldman, the chair of the Senate Education, Energy and Environment Committee (D-Montgomery), said that the new law is intended to prevent what happened when medical cannabis licensing began. Anne Arundel County and Prince George’s County tried to restrict where businesses could be located.
Feldman said that from a statewide standpoint, “we don’t want local governments to have veto power over state policies that we passed and that were approved by 70 percent of Maryland voters.” Feldman said that if there is a need to clarify and tighten the bill to uphold the intention of the Maryland state legislature, I believe it will be done.
He added, “But…I do not want to pregame the whole thing because I would like to see how it all unfolds.”
Feldman said that the new law is a guide for the major political subdivisions. It prohibits them from setting zoning requirements or other requirements which are an unfair burden to a cannabis business. Feldman said that the law prohibits local governments imposing “more burdens” on cannabis businesses compared to other businesses in the same area.
Feldman said, “I believe it’s a pretty clear language.”
Prince George’s eyes industrial zones for marijuana
Prince George’s County is once again considering legislation that would prohibit cannabis dispensaries from operating in commercial zones. Instead, cannabis dispensaries will be moved to industrial zones including business parks.
These efforts, however, are in conflict with the goal of increasing the number of licensees within communities that have been disproportionately impacted by the marijuana war.
In 2022, was legalized for recreational marijuana in the state by a margin of 2-1. This vote was taken five years after Maryland’s first legal medical marijuana sales.
In Prince George’s County, 85 percent of residents are black and Latino. Seven out of ten voters in the 2022 elections supported legalization.
The county is planning to issue nine new licenses for dispensaries. Baltimore City, where 11 licenses are anticipated, is the only city that will have more.
Krystal Oriadha, the lead sponsor of Prince George’s County’s zoning legislation (D), said that many people are frustrated by how many liquor stores there are in the county. Many people do not want to see this happen again with cannabis recreational.
Oriadha stated that the county must pass zoning regulations before new licenses can be issued. “To ensure there is no gap which allows these cannabis dispensary shops to saturate my community.”
The community members who spoke out against the dispensaries being allowed in commercial areas this month cited concerns about public health and property values. They also cited damage to property value due to “marijuana shops at every corner.”
Edward P. Burroughs III, Prince George’s county councilman (D), said that many residents of his district don’t want dispensaries to be located in commercial areas.
Burroughs, during a meeting of the council, said: “I’m here to represent them and I think that placing cannabis dispensaries within industrial zones is fair.” “It’s important to me that we improve the aesthetics of our community and that we work for quality development. This county should have more than just a Royal Farms in our shopping malls. It should also include a liquor shop, a cannabis store and a tobacco store. I know that many of my friends would not have a problem driving to an industrial area to support these businesses.
In a recent meeting of the council, members of the community compared the proliferation and number of dispensaries in the county to the existing concern about the number liquor stores. Other expressed concern about the public’s health and safety, minors accessing the drug and property value.
According to the Prince George’s County Health Department, there are 18.1 liquor stores for every 100,000 people in Prince George’s County.
There are currently nine cannabis dispensaries within the county, which has a population of almost 1 million. Two other licensees are still looking for a location to open their business.
Supporters point out that the county has already pushed tobacco shops (also known as smokeshops) into the same area.
Councilmember Jolene Ivey, a Democrat, said that such efforts were meant to reduce the business of smoke shops.
Ivey said, “I know we sent smoke shops and liquor stores to industrial zones because we wanted to crush them.” “We do not want smoke shops to proliferate, but this isn’t the same.” If what we did with smoke shops before was to stop them, then this is not the same thing. What are we doing when the intent of the state is to provide equity?”
Others warned that the county would be in court if the bill is passed.
Legal advice
At the Maryland Association of Counties Summer Conference in Ocean City, county leaders were encouraged to examine how they zone cannabis-growing, processing, and dispensing businesses.
Roscoe Leslie is the county attorney of Worcester County. “With the way things are now, many counties already have zoning similar to what we’re doing,” he said. We’ve done this already with medical cannabis. We have policies that interpret our existing laws to fit medical businesses into the zoning categories. “I think it will be difficult to pass ordinances more restrictive than medical cannabis. Things are already in place.”
Leslie added that there could be some flexibility. This could include tweaks that address parking problems or long queues.
He told the crowd, “I don’t think you’ll be able push the envelope much further.” “There are opportunities to be more creative, I believe.”
Maryland’s cannabis laws allows local governments the option to ban dispensaries from being within 500 feet of schools, daycares and libraries.
Leslie asked the crowd, “Could some clever lawyers advise you to build an pocket park or tiny library where you do not want a dispensary located?” “I encourage to you to speak to your attorneys about this. Ocean City has a beach that stretches the entire length of the city. You could say that it’s a public park, and that you cannot have a dispensary in 500 feet from the Ocean City Beach. “But again, I am not giving legal advice.”
William Mackey said that adult-use cannabis business will be integrated into the existing zoning code in Kent County.
Mackey, speaking at the Maryland Association of Counties Symposium last week, said that Kent County has a formal and long-standing policy regarding medical uses. If retail is allowed in the zoning districts, then a marijuana dispensary may be allowed. “If manufacturing in the zoning districts is allowed, then processing can be permitted within the district.” If agriculture is allowed in the district, a grower will be permitted. We just formalized this as a resolution, that same policy is rolling forward for non-medical purposes.”
Charles County officials used the laws governing alcohol licenses to prevent a clustering of licensed dispensaries.
Wes Adams, Charles County Attorney, said at the symposium: “Our zoning code states that you are only allowed to have a certain number of licensed alcohol establishments in each election district.” We’ve adopted the same approach. This will ensure that the distribution is fair.
The legislature could preempt counties
State officials are noticing the struggle to zone new cannabis businesses in Prince George’s County and appear ready to limit county authority.
Kinnally said, “I heard the administration say that they were not pleased with some counties’ actions.” “They’ve basically said, ‘We’re putting a bill in for clarification of a lot this stuff.’ We don’t wish to preempt further but we think some of the stuff that is being said will not fly. ‘”
Kinnally identified Prince George’s County, as being one of the counties that Governor Kinnally was watching.
Moore’s spokesperson did not reply to our request for comment.
Feldman, Senate Chair, said that he and others may introduce legislation to further limit the ability of local government to use restrictive zoning to limit cannabis business.
Feldman said, “I can see some clarifications on the provisions I’m citing in order to make them clearer and more precise if they are unclear and the stakeholders think that there is confusion.” “We do that for a lot bills, especially large bills. The next session we will tighten the language.”
Maryland Matters published this story first. States Newsroom is a network news bureaus that are supported by grants, donors and a coalition as a public charity. Maryland Matters is an independent publication. Contact Editor Danielle Gaines for questions: dgaines@marylandmatters.org. Maryland Matters is on Facebook and Twitter.
Photo by Mike Latimer.
The first time Marijuana Moment published the post Maryland Counties consider new marijuana zoning limits ahead of state’s social equity expansion plans.
