Medical cannabis will be legal in Kentucky starting Jan. 1, 2025, and cities and counties across Northern Kentucky have been mulling whether to allow these businesses to operate.
Each city is responsible for creating zoning regulations to make way for (or not allow) those types of businesses to operate.
According to the Office of Medical Cannabis, they will be accepting applications for licenses between July 1 and Aug. 31.
“If they get more applications than the licenses they want to issue, there will be a lottery,” said Sharmili Reddy, the executive director of Planning and Development Services of Kenton County. Reddy has been giving presentations to cities across Kenton County as they discuss their thoughts on the matter. “Based on this timeline, the earliest it will be is this fall before we will see the first set of licenses issued.”
Local governments have until Jan. 1 to take action on whether they want to allow businesses to operate in their cities and counties. But, if they want to allow enough time for residents to petition their decision and get it on the November ballot, Reddy said local governments need to act soon. The petition has to be certified by the county clerk by Aug. 13 in order to go on the November ballot.
If a county opts not to let businesses operate, but a city within that county opts in, the bill allows businesses to operate within that city’s jurisdictional boundaries.
Across all of Kentucky, the state will issue up to 10 licenses for cannabis processors and up to 48 licenses for dispensaries. Those licenses will be issued in 11 regions across the commonwealth.
Each region will initially be granted at least four dispensary licenses, but no more than one dispensary can be located in each county – the exceptions being Kentucky’s two largest counties, Jefferson and Fayette.
Here are the conversations happening in the cities and counties across Northern Kentucky.
At the city level:
Crestview Hills voters to decide in November on cannabis businesses
Voters in Crestview Hills will get to decide this fall whether the city should allow medical cannabis businesses within the city limits.
City council voted 4-2 on June 3 to place the question on the November ballot. Council members Bill Dorsey, David Kramer, Tim McKinley and Larry Ruehl voted in favor, and council members Tom Lehman and Ed Wise voted against.
The ballot measure will pitch the idea of whether the city should allow any medical cannabis businesses – not only dispensaries but also one of the other allowable facilities: processing centers, cultivation centers, production centers and safety compliance centers – in Crestview Hills. It will not guarantee that one will set one up in the city, although City Administrator Alex Mattingly said at least one medical cannabis business owner had contacted the city to inquire about available zoning in the Thomas More Office Park.
Council member David Kramer discussed the results of a recent meeting of the city’s economic development committee, which had also cast a split vote on the issue: Four members were in favor of sending the issue to the ballot, two were in favor of approving zoning for cannabis facilities and one was against allowing it at all.
In a roughly 35-minute discussion, the council members expressed mixed attitudes about the possibility of a dispensary or other cannabis business appearing in the city. Some asked about timelines for setting up zoning if the voters eventually decided to allow the businesses. Others were concerned about the prospect of a dispensary showing up in Crestview Hills and what it might say for the city’s character. Still, others thought that it would be wise to open the city up to a new source of tax revenue.
“It’s a little hard for me to sit up here and guess what the general population – voters and residents – of Crestview Hills really want to do,” said Ruehl, “and so that’s why I think it should go to vote, simply because I don’t know what they would want to do.”
After more discussion, Kramer moved to put the issue on the ballot, and council approved.
The city must now prepare the necessary documents and send them to the county election board by Aug. 13 to ensure the measure appears on the ballot in November. If voters approve allowing cannabis businesses, the city will need to establish zones where the businesses may and may not operate. If voters reject the measure, the city must pass additional legislation affirming that decision.
Union commissioners to put cannabis measure before voters in November
City commissioners at May’s monthly caucus meeting were faced with an important decision: With Kentucky’s 2025 legalization of medically applied cannabis set for Jan. 1, where will Union stand?
When the state announced that the city would need to make a decision by June 30, city officials said they were divided. City Attorney Greg Voss acknowledged that marijuana was still recognized by the federal government as an illegal substance; the initial ordinance proposed would’ve outright banned medical cannabis dispensaries in Union.
However, city commissioners such as Brian Garner were opposed to banning medical marijuana dispensaries immediately and thought they should leave this decision to the citizens of Union. He said that would be an effective way to gauge public opinion.
Commissioners agreed to that course and went back to the drawing board to consider a revised ordinance and resolution that would temporarily cease the distribution of licenses in Union while allowing the residents to vote in November on a referendum.
Union resident Ryan Turner, a long-time user of medically applied CBD products, is a supporter of medically applied cannabis. “I wholeheartedly believe medical cannabis is a good form of treatment,” he said.
He also agrees that the city made the right choice by allowing these businesses in Union and leaving the decision to the residents.
Elsmere City Council discusses medical cannabis licensing
Elsmere City Council listened to a presentation on medical cannabis licensing at its June 4 caucus meeting.
In a presentation, Sharmili Reddy, executive director of the Planning and Development Services of Kenton County, told council members about the timeline connected to the coming legalization of medical cannabis businesses under state law. Reddy said the council has three options: Elsmere may follow the state legislation via the ballot process and subsequently work with PDS to determine zoning for cannabis operations within city limits; it may reject the legislation by enacting its own ordinances ahead of the Jan. 1 deadline or put the issue on a ballot for the general public, for which Aug. 13 is the deadline.
Medical cannabis operations comprise five types of permit use: indoor cultivation, which requires agricultural permits and is divided into four tiers according to the cultivation area; processing and production, both of which require industrial permits; dispensary, which is covered by retail permits and safety compliance facilities.
Reddy assured the council that all phases of medical cannabis operations must take place indoors and that such businesses must not be located within 1,000 feet of schools or day care facilities. While local governments can prohibit businesses from operating in their jurisdictions, they cannot regulate cannabis use of cardholders – people who have been prescribed medical cannabis by a physician – within city limits.
According to Reddy, medical cannabis use will be restricted to a few types – edibles, oils and gels. Smoking is prohibited. It also is limited to a treatment for specific conditions that include cancer, multiple sclerosis, epilepsy, chronic pain and post-traumatic stress disorder.
Elsmere City Council did not signal its intention to approve or reject cannabis licensing at the caucus meeting. However, council member Gloria Gubbs spoke in favor of its medical use while expressing concern about zoning and storage.
“As a retired nurse of almost 30 years, I would say I’m in favor of this for medical purposes,” she said. “It should have been done a long time ago, because there are ill people that need that and [medical cannabis] has helped them.”
Florence faces decision on medical cannabis
City officials at Florence’s first June caucus meeting were faced with a decision that all of Kentucky’s local municipalities are grappling with: the question of whether to allow medical cannabis licenses within their city or to outright ban it.
Officials gathered to hear a presentation of the first proposals for legislation from City Administrator Joshua Hunt.
Hunt’s presentation provided a detailed look at the current status of medical cannabis in Kentucky, what the options the council has, detailed zoning texts (if the city council decides to allow the sale of cannabis), and where they could potentially expect to see these dispensaries pop up in the city.
In terms of zoning, the city is doing something slightly different than what the Kentucky legislation requires. While the state legislation requires dispensaries to be outside of a 1000-foot radius of schools, primary and secondary and daycare centers, the proposed legislation from Florence would extend those prohibitions.
The legislation proposed at Florence’s caucus meeting on Monday would also prohibit these facilities from going within 500 feet of churches, synagogues, mosques, or other places of worship, as well as public parks or playgrounds and sexually oriented businesses.
Hunt’s legislation would also add an additional 1000ft buffer in between medical cannabis dispensaries.
“This is to prevent clusters,” Hunt explained. “Similar to what you’d see in every shopping center if you go out to Colorado.”
Currently, only two dispensaries are permitted within the three county area of Boone, Kenton and Campbell counties.
“I don’t know if there’s going to be a cap for the Northern Kentucky region, but eventually there will be more dispensary licenses that are issued, for sure,” Hunt said.
When questioned by fellow city officials about concerns for medical cannabis, Florence Chief of Police, Jeff Mallery, explained he had no concerns about medical cannabis, as he’s heard of no issues from other police departments where their state legalized medical marijuana.
“I haven’t heard of any issues… now if it goes recreational then there’s issues. But, as far as medical cannabis, I haven’t,” Mallery said.
Independence council to place cannabis question on Nov. ballot
Independence City Council voted to send the question whether to allow medical cannabis businesses in the city limits to the November ballot after a long discussion June 3.
The vote for the ballot resolution passed, 4-2, with council members Chris Vogelpohl, Greg Waite, Carol Franzen and Tom Brinker voting in favor of the ballot measure and members Greg Steffen and Dave Shafer voting against.
Independence’s vote followed a similar vote in Crestview Hills earlier in the day. Like the discussion at Crestview Hills, there were questions about the timing of furnishing zones for the different businesses, whether a yes vote from residents meant the city had to allow all forms of medical cannabis facilities or only some, and whether the city could revisit the issue in the future as circumstances changed.
“This is all new for everybody,” said Independence City Attorney Jack Gatlin.
Discussion continued after the resolution was passed. Council members, Mayor Chris Reinersman and Gatlin wondered how the zoning for the businesses would work out, and eventually Shafer even moved to rescind the initial resolution; that motion failed.
Although the ballot measure does not guarantee that medical cannabis businesses will eventually come to Independence, Reinersman recommended working with Kenton County Planning and Development Services to begin the zoning planning process. A yes vote in November would give the city only about a month to establish zones before legalization takes effect Jan. 1.
The council’s next meeting is set for 7 p.m. July 1 at the Independence City Building on Madison Pike.
Erlanger council prepares zoning rules for potential medicinal cannabis businesses
At its June 4 meeting, Erlanger’s city council brought forth a resolution for the city’s medicinal cannabis zoning.
The proposed amendment to the city’s zoning code would add medical cannabis as “a permitted use for cultivation, processing, production, dispensary and safety compliance in all the employment zones, or the old industrial zones,” according to City Attorney Jack Gatlin. It also would place all dispensaries in the commercial zones. Other information added to the zoning document included definitions for terms used in the article.
Each city is responsible for creating zoning regulations to make way (or not allow) medicinal cannabis businesses to operate. If cities do not have those regulations in place by June 30, the state can begin issuing licenses, and, if those businesses start operations, they will be grandfathered against any future regulation.
These facilities must also adhere to the regulations proposed in the Kentucky Revised Statutes (KRS) Chapter 218B, which were discussed in the Kentucky General Assembly’s 2023 session. Some regulations for these facilities include basic business requirements, like record keeping and being subject to a reasonable inspection by the cabinet if necessary.
Gatlin also mentioned that the county’s Planning and Development Services is looking at a ban on medicinal cannabis in the county. In April, PDS suggested potential restrictions in a memo, including limiting the number of established cannabis business operations within a zone and specific hours of operation. With a possible ban on the table, it could alter or delay the zoning ordinance proposed by the city.
“This is just sending [the document] to a public hearing, so the public hearing PDS is anticipating is gonna be September [or] October. With what’s going on with the county that timeline might change a little bit,” he said, “but this is just getting it kinda in the chute for there to be a public hearing.”
PDS is requesting a countywide approach for the cities that will allow medicinal cannabis, Gatlin added.
At this time, there is no set date to reopen discussion on medicinal cannabis in the city. Gatlin said the ordinance will return to the council for a first and second reading sometime in the fall.
Taylor Mill looks to prohibit medical cannabis facilities in the city
Taylor Mill plans to prohibit medical cannabis facilities from opening in the city.
During its June 12 meeting, the city commission had the first reading of an ordinance that would keep medical cannabis facilities from opening in the city.
Local governments have until Jan. 1 to take action on whether they want to allow businesses to operate in their cities and counties
“There’s actually three options that the city has on cannabis,” said city attorney Jack Gatlin. “I have a resolution where we can send it to the voters. I have a resolution to propose a text amendment to allow it in industrial and commercial zones. And I also have an ordinance that bans it.”
After some discussion on what other NKY cities and counties decided, Taylor Mill ultimately chose to begin the process of prohibiting medical cannabis facilities.
Bellevue will let voters decide on medical cannabis
Bellevue city council joined several other Northern Kentucky councils this month in grappling with the issue of whether or not to allow medical cannabis facilities within the city limits.
Bellevue Mayor Charlie Cleves introduced the subject at the city’s June 12 council meeting.
“Personally, I am for medical marijuana, for having it for people with those 21 diseases they list on their website, but I am not for us retailing it in Bellevue. It’s just not the look that I want to see on Fairfield Avenue in our historic business district,” he said.
Cleves said former banks, designed for security, might be very attractive to a medical cannabis business. There are two empty bank buildings on Fairfield Avenue.
Still, he continued, it was up to council to discuss the matter and decide what to do.
City Administrator Frank Warnock opened the discussion by outlining options for the city’s response. He noted the city could decide to allow it, deny it, or let the voters within the city decide. If the latter was chosen, the city would need to act fast to meet the deadline to get the issue on the ballot.
Council member Ryan Salzman said he favored letting voters decide.
“I’m inclined to send it to the voters,” Salzman said. “I have my feeling on it and I would get to register my vote that day along with everybody else. So rare in the commonwealth of Kentucky to be able to send something directly to the voters. And so, when I heard that it was an option, my guttural reaction was to send it to the voters.”
Council member Mike Almoslechner agreed.
“We vote on this, we vote on that,” he said. “We pass ordinances here. [The voters], of course, can come and talk about them, but they don’t really vote, so I’d be in favor of putting it up to the citizens to decide.”
Addressing the mayor’s concern about location of the a business, council member Shauna Kraus said the city could have control through zoning.
“I would like to add that, along with this resolution to send it to the voters, Frank has prepared a text amendment to look at the zoning of it,” she said.
Council is looking at a potential zoning amendment for vape shops and, she said, the medical cannabis dispensaries might be treated similarly.
“There are options like that to look at the types of businesses for zoning purposes, so Fifth Third Bank might not become a medical marijuana station,” Kruse said. “There are options to manage that. I just want to point that out as well. If the voters do decide on something like that, city council would be taking it up to planning and zoning to look at the best options.”
City council voted unanimously to authorize the city administrator to put the question of allowing or prohibiting medical cannabis businesses within the city of Bellevue to be placed on the ballot for the upcoming election.
Council also approved a resolution to authorize the city administrator to submit a text amendment application to the Campbell County Municipal Planning and Zoning administration to make recommendations and for the city’s planning commission to review and consider regulations in the zoning ordinance related to vape businesses. A similar amendment for medical cannabis would be considered if it is passed in November.
At the county level:
Campbell County opts out of cannabis business operations
Campbell County voted to opt out of allowing cannabis business operations in the county – at least for now.
The state will begin issuing licenses to businesses on July 1, so they have six months to get up and running and gather inventory before Jan. 1. Applications will then be approved through a lottery.
The county chose to prohibit medical cannabis businesses to give each city more time to develop its own regulations. Individual cities and the county have the option to opt in in the future.
“A lot of our cities only meet once a month, or their planning commissions maybe once a month; they just don’t have the time to put together the zoning and any regulations they would want on the businesses,” Campbell County Administrator Matt Elberfeld said. “So this really just buys everyone more time to think through and each city to make their own decision.”
The county’s opting out has nothing to do with the coming Jan. 1 legalization of medical cannabis as approved by the General Assembly.
“All we’re doing here is saying that we’re opting out – there aren’t going to be applications made for businesses in Campbell County to produce cannabis for medical purposes,” said Judge-Executive Steve Pendery. “We’ll see what happens in the future, but nobody’s prepared to react as swiftly as the legislature, which left everybody scrambling with this thing.”
“I think it’s also something to consider in that this is not like gas stations opening up on corners and they’re everywhere,” Commissioner Geoff Besecker said. “These are already regulated in terms of numbers.”
Besecker said that, due to the regulations, one given community can’t decide how many licenses operate through their zoning. “I believe that the cabinet made it so that no person would be within greater than an hour’s drive to a distributor,” he said. “So, for Northern Kentucky to even get a couple would be a consideration through the lottery system.”
Kenton County cities mull medical cannabis business ban
Kenton County is looking to prohibit cannabis businesses countywide in a similar move to neighboring Campbell and Boone counties.
At a fiscal court meeting on Tuesday, June 11, Kenton County conducted the first reading of an ordinance that would prohibit cannabis businesses within the county’s territorial limits.
“It is our first reading relating to the prohibition of cannabis business operations in Kenton County,” Judge/Executive Kris Knochelmann said. “This is the opting out of medical cannabis.”
Campbell County voted to opt out of the legislation at a fiscal court meeting on June 5. Boone County is in the process of deciding whether or not to opt-out. The county conducted a first reading of a prohibition ordinance during a caucus meeting on May 21. Boone County will make an official decision on June 18. If cities within those counties decide to allow cannabis-related businesses, though, they will still be allowed to operate within city limits.
Medical cannabis will be legal across the Bluegrass State effective Jan. 1, 2025. Each individual city is responsible for creating the zoning regulations to make way or not allow those types of businesses to operate.
Cities must have those regulations in place by June 30 so the state can begin issuing licenses. If those businesses start operations, they will be grandfathered against any future regulation.
Action has already been taken at city council meetings across Northern Kentucky. On June 13, Taylor Mill conducted a first reading of an ordinance that would prevent medical cannabis facilities from opening in the city. In Boone County, Florence is currently reviewing whether to allow cannabis businesses within its limits.
Each city is also responsible for creating zoning regulations to make way for (or not allow) those types of businesses to operate.
At a Fort Mitchell city council meeting, Sharmili Reddy, the executive director of Planning and Development Services of Kenton County, gave a presentation in which she discussed the cannabis business application process.
“If they get more applications than the licenses they want to issue, there will be a lottery,” Reddy said during a previous presentation. “Based on this timeline, the earliest it will be is this fall before we will see the first set of licenses issued.”
Local governments have until Jan. 1 to decide whether to allow businesses to operate in their cities and counties. If they want to allow residents enough time to petition their decision and get it on the November ballot, Reddy said local governments need to act soon. The petition must be certified by the county clerk by Aug. 13 in order to go on the November ballot.
If a county opts not to let businesses operate, but a city within that county opts in, the bill allows businesses to operate within that city’s jurisdictional boundaries.
Up to 10 licenses for cannabis processors and up to 48 licenses for dispensaries will be issued across Kentucky. Those licenses will be issued in 11 regions across the Commonwealth. License applications will be accepted between July 1 and Aug. 31 according to the Office of Medical Cannabis.
Each region will initially be granted at least four dispensary licenses, but no more than one dispensary can be located in each county – the only exceptions being Kentucky’s two largest counties, Jefferson and Fayette.
“If the cities want to take individual action to be proactive, they can do that,” Knochelmann said.
The Kenton County Fiscal Court’s next meeting is slated for June 25 at 5:30 p.m.
Boone County weighs allowing medical cannabis businesses amid legislation
Like Kenton County, Boone County leaders are exploring the possibility of opting out of permitting cannabis-related businesses in the county, instead passing the decision to the cities of Florence, Union and Walton.
During a recent fiscal court meeting, Boone County Administrator Matthew Webster said the county has a bevy of options but must begin to act to comply with the state’s regulatory timeline.
“The (fiscal) court can choose to prohibit the substance in its entirety in terms of cultivation, dispensary, etc.,” Webster said. “We can choose to allow it, and if we do nothing, we are allowing it, and we can look to enact regulations through zoning and our regulatory scheme; or the court could decide ultimately to place it on the ballot and let the voters decide.”
Webster said Boone County was advised to take action by June 30 to prevent confusion.
“What we have been advised in terms of a best practice if the (fiscal) court so chooses, and they want to prohibit it and opt-out, that it would be advisable to do that by June 30 just so, for the business community, there’s no confusion about where the court stands,” he said.
Boone County staff recommended presenting an ordinance that would opt out and prohibit cannabis-related businesses in Boone County. This way, the cities of Florence, Union and Walton would have more time to opt in on their own accord and then create their own cannabis-related business regulations.
“Understanding that cities may opt back in – that’s a local control issue,” Webster said. “The county and your (fiscal court) action can opt-out; any of our three cities could choose to pass an ordinance and opt back in within the incorporated city limits.”
If Boone County chooses to opt out in June, it can still opt-in at a future date, he said.
“It would preserve your ability to think this through, do your due diligence, and keep all options on the table,” Webster said.
Boone County Attorney Jordan Dallas Turner noted that Kentucky is “only issuing so many licenses,” so not every county will have medical cannabis businesses.
Boone County will address the issue at its next fiscal court meeting on June 18.
Nathan Granger, Kenton Hornbeck, Haley Parnell, Robin Gee, Rebecca Hanchett, Mildred Nguyen, Evan Bales, Shae Meade, Robin Gee and Gracie Vanover contributed to this report.