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Kensington mayor and residents urge council to tighten cannabis‑dispensary setbacks

Montgomery County Council · June 17, 2025
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Summary

At a public hearing on ZTA 25-07, Kensington officials and residents urged stronger spacing limits for licensed cannabis dispensaries from residential properties, while the Planning Board advised caution about a near‑countywide ban and suggested technical code changes.

Montgomery County held a public hearing June 17 on ZTA 25-07, a proposal to prohibit licensed cannabis dispensaries within 100 feet of lots with residential use.

Tracy Fuhrman, identified in testimony as mayor of the town of Kensington, told the council she and her town council are concerned that state and county agencies overlooked several houses of worship within 500 feet of a proposed dispensary site and that failing to classify nontraditional places of worship as sensitive locations could allow dispensaries immediately adjacent to residential areas. "This scenario applies directly to a proposed dispensary in Kensington," Fuhrman said, and she asked whether the council would consider applying the setback to abutting residential properties or reducing the buffer to 50 feet.

Benjamin Burbert, representing the Montgomery County Planning Board, recommended simplifying the ZTA by creating a distinct code use for cannabis dispensaries rather than rewriting broad retail provisions. He warned that a 100-foot buffer from any property with a residential use would be "almost everywhere in the county," potentially amounting to a near-prohibition of new dispensaries in mixed-use zones, and suggested varying treatment by zone or housing type.

Reverend Dr. Leslie Westbrook, testifying from Kensington, said a proposed dispensary on University Boulevard would abut his backyard and be about 30 feet from his bedroom window. He cited noise from early-morning construction and raised concerns about cash-only transactions, armed security and insurance limitations because cannabis remains illegal under federal law. "I'm asking for fairness," he said, citing noise, crime, children and home values as community concerns.

After hearing public testimony, the council closed the hearing and did not take action immediately; sponsors and planning staff will have the opportunity to revise language before committee review. The planning board's technical and policy warnings suggest the council will need to balance neighborhood buffers against countywide land-use goals for mixed-use and transit-oriented growth.