Council staff propose zoning changes to regulate cannabis uses, dispensaries and incubators

City planning staff presented proposed amendments April 8 to the zoning code addressing commercial cannabis uses after state law changes.

Staff said the proposals would: add a definition for cannabis incubators (micro enterprises without storefronts), add definitions for CBD and hemp stores, and treat cannabis dispensaries the same as alcohol retail for zoning purposes. Because state law requires similar treatment for cannabis dispensaries and alcohol retail, staff noted Hagerstown must either treat both similarly or lose local ability to restrict cannabis dispensaries in some zones.

For indoor plant cultivation and processing facilities, staff proposed excluding them from the CCMU (downtown mixed-use) and the POM (office park) districts and limiting growers and incubators to industrial districts (IR, IT, IMU). The city would continue to allow dispensaries and similar retail uses in its most intense commercial zones (CG and CR) and certain PUD overlays, with a 500‑foot spacing requirement between such retail outlets and protected uses articulated in state law (schools, daycares, playgrounds, recreation centers, libraries, parks, religious sanctuaries).

Staff also proposed clarifying the definition of recreation centers in the distance rules (changing “recreation center” to “fitness and recreational sports center” to better capture uses such as karate studios and to reflect concerns raised at the planning hearing). The planning commission recommended modifications in the package; staff reported no public testimony in the hearing and no additional comments in the 10‑day comment period.

Staff said the council could introduce the package for the April 22 meeting if members are comfortable with the proposed changes.