Rising Sun adopts cannabis zoning ordinance; sets setbacks, aligns rules with state law

The mayor and commissioners of the Town of Rising Sun on Feb. 27 adopted Ordinance 2024-09 to add cannabis-specific rules to the town zoning code, aligning local regulations with recent Maryland state guidance and establishing setbacks, definitions and operating limits for cannabis businesses.

The ordinance passed by a 2-0 vote with one commissioner recused. The vote followed a staff presentation and a public comment period held as part of a public hearing.

Town Administrator Calvin summarized the ordinance as an update required in large part by state changes. “This is talking about the land use article, in the third whereas a land use article empowers the elected body to have a zoning code and to make changes to the zoning code,” Calvin said during the staff overview. He told the board the town adopted definitions and performance standards that mirror state rules and do not exceed state limits.

The ordinance establishes that a cannabis business is not a permitted home occupation, requires a 500-foot setback from public parks, playgrounds, recreation centers, libraries, schools, places of worship and child-care facilities, and requires a 100-foot setback from areas zoned residential. It also adopts a half-mile spacing rule between cannabis dispensaries and restricts outdoor sales and displays to the interior of the licensed premises unless a special-event permit is obtained. The ordinance also notes that on-site public consumption remains prohibited unless the Maryland Cannabis Administration issues a state consumption license.

Calvin repeatedly told the board that many of the requirements are derived from state law and the Maryland Cannabis Administration rules. “The state regulations say that you cannot make the operation of a cannabis business any more burdensome on the operator than you would on an alcoholic beverage retailer,” he said. The ordinance therefore treats cannabis businesses similarly to licensed alcohol retailers in several respects.

During public comment, Craig Siebert, a town resident, asked whether the town was required to adopt zoning regulations and how much input residents would have if a cannabis business sought to locate in Rising Sun. “Is this required by the state of Maryland?” Siebert asked. Calvin explained the difference between uses that are permitted by right and those requiring a special exception, saying that if cannabis businesses are permitted by right in a zoning district that already allows alcohol retailers, there typically would be no separate public hearing on a storefront application.

Calvin told the board the planning commission reviewed the ordinance on Jan. 13, 2025 and offered comments. The ordinance also contains boilerplate severability language and moved definitions used in the town code to mirror state definitions.

The board voted to approve the ordinance after the public hearing closed; the record shows the measure passed 2-0 with one commissioner recused.

The ordinance text and the town’s planning commission comments were cited during the hearing; the town attorney noted the field is largely preempted by state law and that the town’s role is to implement state-authorized zoning allowances.

The adoption means that any future cannabis retail or related business must meet the setback and performance standards enacted and that some local regulatory discretion is limited by state statute and administrative rules. The town administrator said staff will apply the new code sections when reviewing permits and will treat cannabis uses comparably to alcohol retailers and distributors.

Copies of the ordinance and the planning commission report are part of the town’s meeting record; staff indicated additional guidance will be available on permit procedures for applicants and neighbors looking for more information.