Louisville walks back tighter medical marijuana regulations. Here's why

Louisville Metro Council passed an ordinance Thursday dictating where medical marijuana facilities can be located in Jefferson County, with members choosing to establish regulations close to state law, despite talks of imposing tighter restrictions.

The decision comes just weeks before applications are due for a potential statewide lottery to determine which business owners can open a limited number of medical cannabis facilities . Jefferson County is granted two licenses for dispensaries.

Kentucky officials legalized medical marijuana during the 2023 legislative session, with the law going into effect Jan. 1, 2025. The Cabinet for Health and Family Services has since established statewide regulations, including preventing dispensaries from opening within 1,000 feet of a childcare center or school.

For weeks, Metro Council members considered imposing additional regulations on where the Jefferson County dispensaries could be located. A recommendation by Louisville's Planning Commission suggested adding standards for odor and preventing dispensaries from being located within 1,000 feet of parks, public playgrounds, libraries, religious centers and other areas.

However, after a push by Republican Councilman Dan Seum Jr., the city abandoned tighter regulations.

"I'm worried that some of the amendments may conflate what may happen 10 years from now," Seum said at a committee meeting, referencing conversations the council had about the possible future legalization of recreational marijuana. "We'll deal with that then, but right now we're dealing with patients. We're dealing with like a Walgreens for cannabis."

He went on to say, "We don't need to put more regulations on these patients than is necessary."

Councilwoman Jennifer Chappell, a Democrat, agreed. She warned during another committee meeting that imposing such strict zoning rules could create "pockets of places for unsavory activity," rather than allowing dispensaries in safer areas. She added medical cannabis facilities are secure, clean and that she would love to have one in her neighborhood.

After debate, some council members who once favored stronger regulations expressed their perspectives had changed. The ordinance passed with a 22-1 vote.

The council also defined "school" as an elementary, middle or high school. It did not include colleges or trade schools.

Dispensaries and safety compliance facilities will be allowed in C-2 and C-3 commercial district zones and will require conditional use permits.

Dispensaries, safety compliance facilities and medical cannabis processors, cultivators and producers will also be permitted in several additional zoning districts — including enterprise zone districts, industrial districts and planned employment center districts — according to the ordinance.

Dispensaries will only be able to operate between 8 a.m. and 8 p.m. All business will be required to occur inside, with the exception of secure loading and unloading areas, drive-through windows or curbside pick-ups.

The dispensaries cannot be located on the same site used for growing or cultivating cannabis. They can also not be located in the same office as a physician.

Louisville's ordinance also has the caveat that, if any rule conflicts with state law, the more restrictive one applies.

The portal for marijuana business licensing applications will be open for submissions until August 31, but the state office has requested people submit them by August 15 for processing time. The lottery will be held if the number of eligible applicants exceeds the number of licenses available.

Prospective medical cannabis entrepreneurs will have to spend between $3,000 and $20,000 to apply for a license, depending on what kind of business they want to start. Another license category, a Tier IV cultivator, will cost $30,000 in application fees but will not be available during the initial licensing period.

Reach reporter Eleanor McCrary at EMcCrary@courier-journal.com or at @ellie_mccrary on X, formerly known as Twitter.

This article originally appeared on Louisville Courier Journal: Louisville walks back tighter medical marijuana regulations. Here's why