It's just as well Princess Anne did not consider cannabis zoning regulations as state law is now in effect

PRINCESS ANNE — Last December the Princess Anne Commissioners passed a resolution to hold off for six months approving the permitting of any licensed cannabis businesses so the planning commission could study and recommend what zoning classifications and setbacks would be in the best interest of residents.

That study, however, never took place — which is just as well because on June 1 a new state law became effective that restricts local control by treating cannabis the same as alcohol.

Under HB 805 passed during the 2024 General Assembly session and approved by Gov. Wes Moore no political subdivision may adopt an ordinance “establishing zoning requirements for licensed dispensaries that are more restrictive than zoning requirements for a retail dealer licensed (for alcoholic beverages).”

As for setbacks, dispensaries may not be located within 500 feet of a pre-existing primary or secondary school, licensed or registered family child care center, playground, recreation center, library, park or place of public worship.

Local government can reduce this distance, but not increase it.

When it comes to distances between dispensaries, it can be no less than 1,000 feet or up to one-half mile if established by local ordinance.

Crisfield and Somerset County both had moratoriums to study cannabis zoning and decided dispensaries should be allowed only in industrial zones and after a Board of Zoning Appeals hearing. Since alcoholic beverage sales are not limited in that fashion, the new state law would override local control.

Both the city and county also barred on-site consumption from any zone, which they can continue to enforce through HB 253 which became law on April 25. Somerset County Department of Technical and Community Services Director Jesse Drewer last month told county planning commission members that he will schedule a work session to go over the new law to reconcile it with the county’s code.

Princess Anne is the only jurisdiction with a licensed cannabis business, Element MD, which is a processor in the industrial park. Crisfield has anticipated that this company would also be a cannabis grower in the former Carvel Hall but it has not been licensed for that purpose.

On March 14 the Maryland Cannabis Administration held a license lottery and selected 174 “social equity” companies for micro and standard grower, processor and dispensary categories. One limited liability company called Kindequity was drawn for Somerset County but like the other applications it is being reviewed before conditional licensing is approved.