SNOW HILL – As the state prepares for the legalization of recreational marijuana this summer, local officials are reviewing any changes that might need to be made locally.
Staff last week presented the Worcester County Commissioners with information on zoning as it relates to the legalization of cannabis. The commissioners advised officials within the county’s department of development review and permitting to continue monitoring the situation and to be prepared to make recommendations if changes needed to be made.
“We need to be on top of this,” Commissioner Joe Mitrecic said.
Jennifer Keener, director of development review and permitting (DRP), said the commissioners had asked her department to review potential local limitations related to the cannabis reform bills that passed in the general assembly. She advised the commissioners that when medical marijuana establishments were licensed in 2017, each component was tied to an existing use in the zoning control article.
“Therefore, the cultivation of the plant is considered agriculture, allowed in any zoning district; the processing of the plant is an industrial use allowed only in the industrial zoning districts; and the sale of the finished product is treated like a retail pharmacy/ dispensary, allowed in the commercial zoning districts…,” she wrote in a report to the commissioners. “Cannabis sales for recreational use would also follow this same path unless an amendment to the county code was adopted.”
Keener said there was currently one grow operation in Worcester County, one processing operation and two dispensaries.
She said that with the new legislation, it appeared as if the county could implement distance restrictions for recreational marijuana facilities. She added that there would also be different types of recreational licenses. One of those licenses will allow for consumption—eating and vaping but not smoking.
“After review of the bill it looks like we may be limited in what we can do with dispensaries but it does allow us to consider restricting or outright prohibiting the on-site consumption establishments,” she said. “That’s something we want you to think about, how you want us to regulate that.”
Keener said the state was expected to begin issuing licenses in January of 2024 with a second round in May of 2024.
“The law breaks down the number of establishments by type that are going to be licensed, so while there’s dispensaries that will be issued licenses in the first round, there won’t be any onsite consumption establishments in that round so I feel like we have little bit of time to absorb the bill, figure out what we want to do locally,” she said. “We can adopt emergency legislation through a public hearing process to establish any limitations you want to see.”
Mitrecic said a last-minute change to the legislation meant that existing medical marijuana facilities would be able to begin selling recreational marijuana as early as July 1, 2023.
“I certainly think that we need to have DRP looking at it moving forward so that we can in fact keep these types of establishments at a safe distance from our school zones and our playgrounds,” Mitrecic said.
Commissioner Eric Fiori questioned the consumption aspect of the legislation, pointing out that with alcohol, customers couldn’t purchase a bottle from a liquor store and consume it on site.
“Is it going to be separate?” he asked.
Keener said that was one of the issues her department would be looking into going forward.
“We’ll continue to research it and get additional feedback for you,” she said.
A motion by Mitrecic to have staff continue to monitor the legislation and prepare information on what limitations the county could establish passed unanimously.
