As medical cannabis is soon to be legal in Kentucky, Campbell County cities are preparing to decide whether they will allow the businesses to operate in their town.
Medical cannabis will be legal in the 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; however, 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.
Because of that, the Campbell County Fiscal Court discussed the prohibition of medical cannabis businesses to give cities more time to develop their own regulations. They held a first reading of an ordinance on May 15. Adoption would take place at the second reading.
“I would characterize this ordinance here as an administrative maneuver, not necessarily a grand policy statement, because all of our cities have the option to opt in at a future date,” Campbell County Administrator Matt Elberfeld said. “The fiscal court has the option to opt in at a future date.”
Elberfeld said through his discussions with Campbell County cities that their preference is for the fiscal court to opt the entire county out so everyone has more time to think through this and allow each municipality to decide for themselves how they might want that to look.
Even if a city chooses not to allow medical cannabis businesses to operate in town, that does not prohibit an individual from using medical cannabis in the city.
“Nothing anything that this board is going to do is prohibiting the use of medical cannabis by Kentucky residents or anyone within Campbell County,” Elberfeld said. “The question that the general assembly has put before all of the local governments is whether—there are four types of businesses—whether they’re allowed within your jurisdiction and what type of regulation and zoning restrictions you may want to place on this.”
Campbell County Judge Executive Steve Pendery called the situation “carefully considered.” He said they have consulted with the county attorney’s office and other counties.
“There isn’t really any way the cities could cope with this in the timeframe allowed and get something done that’s careful to justify moving ahead right now,” Pendery said. “We’re not trying to pull a fast one here, but there’s a certain flexibility that’s going to be lost if this step isn’t taken at the next meeting.”
The county discussed marijuana laws with the upcoming legalization of medical marijuana during a Campbell County Mayors meeting on April 23. That conversation can be found here.
“Just to point out, this doesn’t prohibit anyone from obtaining or using the medical product after January,” Campbell County Commissioner Brian Painter said.
