SNOW HILL – County officials discussed potential cannabis regulations, including a desire to keep dispensaries at least 2,000 feet from schools and childcare areas, this week.
The Worcester County Commissioners on Tuesday met with staff to discuss provisions related to cannabis use following statewide changes. While the language discussed will need to return to the commissioners for approval, they made it clear they want larger separation distances than currently in state law.
“I think we need to do everything we can to make this as strict as possible,” Commissioner Jim Bunting said. Jennifer Keener, the county’s director of development review and permitting, told the commissioners that the state had already implemented conversion licenses for medical cannabis license holders and would be accepting new applications this fall. To be prepared for the new licenses, Keener said she was asking the commissioners to consider the county’s zoning approach to cannabis, separation distances for new dispensaries and on-site consumption establishments. She said she recommended the county continue the same zoning approach that’s been in place since 2017 for medical cannabis. As far as separation distances, she said there was an option in state law to allow the county to reduce or eliminate separation distances for new dispensaries. The state requires those dispensaries to be at least 500 feet from a pre-existing school, licensed childcare center, registered family childcare home or a playground, recreation center, library or public park. The state requires dispensaries to be at least 1,000 feet from another dispensary.
Keener said counties couldn’t put an undue burden on dispensaries when implementing separation distances.
Nevertheless, Commissioner Joe Mitrecic said he felt the separation distance from schools should be increased to at least 1,000 feet.
“I think we need to move it and take our chances with the undue burden,” he said.
Bunting asked how the state would even determine if there was an undue burden.
“It’s test right now, I would say,” Keener responded. “We don’t have a real clear definition of ‘unduly burden.’”
Chief Administrative Officer Weston Young that state officials seemed to be comparing cannabis to alcohol in terms of retail establishments.
Commissioner Eric Fiori asked for the county attorney’s opinion on the issue.
“It sounds like the state is drawing a fairly clear line if we make it more difficult than alcohol sales we may have some ramifications,” Fiori said.
The county attorney said that while someone could challenge the county’s separation distance, whether they would win or not was unclear.
“This is untested waters,” Commissioner Chip Bertino said. “As someone who doesn’t like when this county’s told what to do, I’m all for 1,000 or 1,500 or whatever you all decide to do.”
Commissioner Ted Elder suggested 2,000 feet. Mitrecic said he would support that.
“It’d be nice to know how far Ocean City Elementary School is from our current dispensaries,” he said. “That would be an interesting number there. Personally, I feel like a lot of these places are going to go in the north end of the county along the Route 50 corridor if possible.”
Bunting said he felt the separation distance from existing dispensaries should also be 2,000 feet. The commissioners voted unanimously to move forward with a separation distance of 2,000 feet from schools as well as existing dispensaries. They also voted unanimously to prohibit on-site consumption establishments.
“We’ll draft all this into a bill for you,” Keener said. “That will all be coming back to you.”
