HAGERSTOWN – The Hagerstown City Council is reviewing possible zoning amendments intended to regulate cannabis businesses, though not without sparking debate. These changes respond directly to Maryland’s recent legalization of recreational cannabis and aim to balance community concerns with potential economic growth.
Kathleen Maher, director of planning and code administration, presented the proposed changes to the council at its Tuesday, March 25, meeting, outlining the specific regulatory updates required to align with state law. These amendments seek clarity for cannabis cultivation, processing facilities, dispensaries and newly defined businesses such as “cannabis incubators” – facilities designed to house small-scale cannabis operations, including micro-growers, processors and dispensaries.
Councilman Kristin Alshire opposed the amendments, citing their inherent contradiction with federal law, which has left cannabis illegal. “I’m opposed to this ordinance as it contradicts our oath of office to uphold the Constitution,” Alshire said during council discussions.
City Administrator Scott Nicewarner acknowledged the complexity of the issue but stressed the necessity of proactive local legislation. “If we don’t legislate locally, dispensaries and related enterprises could set up wherever they like,” Nicewarner cautioned, emphasizing the city’s obligation to manage cannabis businesses responsibly.
Under the current guidelines, cannabis cultivation and processing facilities operate within three designated industrial zones in the city. Dispensaries are permitted in commercial zones and select planned unit development areas.
However, the proposed amendments introduce restrictions preventing cannabis cultivation and processing operations from establishing in downtown and professional office areas. These restrictions stem from concerns regarding potential odor nuisances impacting surrounding residential and business properties, city officials said.
A significant provision within these amendments includes a mandatory 500-foot separation between cannabis dispensaries, alcohol retail outlets, tobacco and vape stores, CBD and hemp shops, and sensitive community locations such as schools, childcare centers, playgrounds, libraries, parks and religious establishments. This regulation complies with a Maryland state requirement prohibiting municipalities from imposing stricter zoning rules on cannabis dispensaries than alcohol retail establishments.
City planners reassured existing cannabis-related businesses, noting they would be grandfathered as non-conforming uses. Such businesses can continue operating indefinitely, provided they do not become vacant for more than two consecutive years. After that, they would need to adhere strictly to whatever zoning requirements would be in place at that time.
The council has scheduled follow-up discussions for further deliberation, considering additional public feedback may be expected.
