The Boone County Planning Commission recommended the approval of a series of zoning amendments related to medical cannabis businesses that would dictate where dispensaries are allowed to do business.
The planning commission’s technical design/review committee recommended approval of the amendments at a meeting on July 24. The Boone County Fiscal Court has the final say on the proposed zoning amendments.
In March 2023, Kentucky Gov. Andy Beshear signed Senate Bill 47 into law, effectively legalizing medical cannabis statewide. Since then, counties and municipalities throughout the commonwealth have deliberated their own zoning regulations regarding medical cannabis dispensaries.
Kentucky state law requires each individual city to create zoning regulations to allow or prohibit the operation of medical cannabis businesses. Moreover, local governments have until Jan. 1 to decide whether to allow businesses to operate in their cities and counties.
Now, Boone County is deciding on what specific use standards medical cannabis businesses will be required to follow.
“We have considered this text amendment because the state of Kentucky has made it legal for medical marijuana effective Jan. 1,” planning commission member Rick Lunnemann said. “Failure on our behalf not to pass any regulations would create some issues when it becomes legal In January.”
These standards apply to various types of zoning designations such as Agricultural, Commercial, Office, Industrial, Public Facilities, Airport, Walton Downtown District, Union Commercial, Union Town Center Zone, Graves Road Commercial and Graves Road Business District.
Boone County’s proposed specific use standards require that:
- Cannabis businesses shall only take place in an enclosed, locked facility.
- Cannabis businesses shall not be located within 1,000 feet of an existing elementary or secondary school or a daycare center.
- Cannabis businesses shall not be located within 500 feet of a public park or playground.
- Cannabis businesses shall not be located within 500 feet of a religious assembly facility.
- Cannabis businesses shall not be located within 500 feet of a sexually-oriented business.
- A dispensary shall not be located within 1,000 feet of an existing dispensary.
“The proposed text provides for regulations that define various cannabis businesses and relate to the time, place and manner of cannabis business operations,” Boone County Zoning Administrator Michael Schwartz said. “The proposed text is consistent with other sections of Kentucky Revised Statute that were adopted and recently adopted by state legislature.”
In Boone County, different governing bodies have reached different conclusions on the outright prohibition of medical cannabis in their community. The Boone County Fiscal Court voted to prohibit medical cannabis businesses in the unincorporated areas of the county on June 19.
The Union Commission and Florence City Council approved resolutions that would place the question of whether or not to prohibit medical cannabis businesses on the ballot for this upcoming general election in November. The Walton City Council voted to prohibit the businesses outright.
To best inform each governing body of the approved standards, the planning commission committed to sending a copy of its recommendation of approval to the Boone County Fiscal Court, Walton City Council, Union City Commission and Florence City Council.
The Commonwealth of Kentucky will issue up to 10 licenses for cannabis processors and up to 48 licenses for dispensaries. The licenses will be issued in 11 regions across Kentucky. License applications will be accepted between now through Aug. 31, according to the Office of Medical Cannabis.
Planning commission member Kathy Clark asked Schwartz which state entity is responsible for deciding which communities are granted licenses for medical cannabis dispensaries. Schwartz responded that the state plans to allocate the first batch of medical cannabis business licenses using a lottery.
“Our Northern Kentucky region has nine counties,” Schwartz said. “Our region is only going to get four at a maximum, so it’s not even clear yet until the lottery is held where those four could be, but there could only be one per county as part of this first lottery.”
