Carroll leaders won’t comment on Maryland bill restricting local control over cannabis locations

The Board of Carroll County Commissioners said this week that they will wait until the legislative process concludes before formally commenting on a proposed Maryland General Assembly bill that could limit how far local governments can go in restricting locations of new cannabis dispensaries.

A statement on the board’s decision to hold off on commenting was emailed Tuesday in response to questions from The Carroll County Times.

Following a March 7 public hearing on proposed county regulations to allow for the sale of recreational cannabis here, Commissioners’ President Ken Kiler, of District 2, said that commissioners would be likely to require cannabis sellers to follow the most stringent version of Maryland rules, or to pass a measure that would ban cannabis sales in unincorporated areas of the county.

House Bill 0805 and Senate Bill 537, though both related and filed together in both chambers, have slightly different rules about how local governments could restrict locations of new cannabis dispensaries.

The Senate bill aims to prevent counties from enacting overly burdensome zoning rules that go beyond last year’s law that set up the recreational industry in Maryland.

The House bill gives the public a method for protesting new locations and requiring the Maryland Cannabis Administration to consider geographic distribution when awarding licenses. A provision to allow local governments to extend the 1,000-foot buffer between dispensaries to 1,500 feet was also amended to 2,000 feet before it passed the House of Delegates earlier this month.

Further amendments in the Senate would push that by about another 600 feet, to a full half-mile. Those and a few other differences from the House-passed version — including allowing for up to a 100-foot buffer between dispensaries and areas zoned for residential use — will need to be worked out between the two chambers before the annual 90-day session ends April 8.

“There are distinctions in the two bills and the ultimate bill language needs to be determined,” the commissioners said in the joint emailed statement. “We prefer to wait for the conclusion of the legislative process so we can respond appropriately to the exact language.”

However, the board also stated that, as with most issues, they want control over what is legislated in the county.

“Overall, individually, and as a board, we will always support and advocate for as much local control as possible in order to do the best for our residents,” the statement said. “Jurisdictions are a reflection of the community and involve citizens in identifying specific local public needs and determining how to best meet those needs.”

As of July 1, 2023, individuals 21 and older in Maryland can legally use, possess and consume up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, or a total amount of cannabis products that does not exceed 750 mg of THC. This amount is known as the personal use amount.

According to the Maryland Cannabis Administration, there are two cannabis dispensaries in Carroll County, both located in the City of Westminster — The Dispensary and Verilife Dispensary. Both are under the city’s, not the county’s, jurisdiction.

The county zoning code contains regulations that govern the growing, processing or dispensing of medical marijuana, but current county codes do nothing to regulate where recreational dispensaries can be placed. County code states that a shop selling medical marijuana must be located at least 400 feet from a residence.

A new ordinance proposed by the county Planning and Zoning Commission would expand countywide regulations for the distribution of medical marijuana to apply to recreational cannabis use. Proposed code changes would require that a recreational shop be 500 feet from a residence, as well as schools, daycare facilities, playgrounds, libraries and recreation centers. A cannabis shop could not be within 1,000 feet of another marijuana dispensary, grower and/or processor. Christmas tree stands and pumpkin patches could not also sell cannabis products.

Commissioners have yet to make a decision on the proposed changes to the code, but most of the commissioners have stated in the past that they do not support the sale of cannabis for recreational use.