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Administration warns proposed 0.5‑mile dispensary separation could be preempted by state law and hamper social‑equity applicants
Summary
Administration opposed a bill seeking a half‑mile separation and 100‑foot residential buffer for licensed cannabis dispensaries, saying the state closed the window for local action on certain distance rules in 2025, adding such local buffers could be legally unenforceable and may produce a de‑facto prohibition that conflicts with state social‑equity goals.
Administration officials told the council on April 14 they oppose a proposed ordinance to add a 0.5‑mile separation requirement and a 100‑foot residential setback for cannabis dispensaries. Legal staff said the Maryland Cannabis Reform Act gave local jurisdictions a limited window (which closed July 1, 2025) to enact more restrictive distance requirements; proposing a new half‑mile buffer now risks state preemption and would likely be legally unenforceable.
Officials also warned that layering additional local buffers on top of existing state mandated buffers could effectively lock out dispensary sites across large areas of the county, creating a de‑facto prohibition. Administration staff noted a related policy concern: the proposed restrictions could undermine the state’s social‑equity licensing goals by constraining site availability for state‑supported licensees.
Council members did not take a vote during the work session; administration said it would follow up with the sponsor to discuss the legal and policy concerns and potential alternative approaches.
