Planning commission backs amended zoning change to add 'cannabis processor' (state definition) with limits

Kent County planners voted unanimously to forward a zoning text amendment to the County Commissioners that would add the state-defined term 'cannabis processor' to the Unified Development Ordinance and permit the use in specified districts as amended.

Applicant representatives (attorney Lance Young and licensee Ryan Wesson) asked the commission to clarify ambiguity in the ordinance and adopt the state definition so licensed processors — entities that transform raw cannabis into extracts or other products — are not unduly burdened by local zoning. Wesson described the state's social-equity licensing process and told the commission the license comes with tight timing requirements to find a location; he said locating in the county is challenging under current code interpretations.

Staff and legal counsel recommended narrowing the amendment: exclude critical-area districts (applicant agreed) and require that permitted cannabis processors locate on properties served by public water and sewer. Staff argued that referencing the State's definition would avoid future interpretive ambiguity and that limiting locations to water/sewer-served properties and the 301 corridor (as appropriate) helps manage impacts while complying with state limits on undue burden. Legal counsel raised the statutory constraint that political subdivisions cannot impose zoning that unduly burdens cannabis licensees and advised the commission to document reasons for any limitations.

Commissioner (speaker 4) moved to send a favorable recommendation for the amended text change (referencing the state definition and staff limits); the motion passed unanimously on voice vote. The recommendation will be transmitted to the County Commissioners for final consideration, and staff noted critical-area approvals would require additional review by the Critical Area Commission if later included.