The Boone County Planning Commission will act on a series of zoning amendments related to medical cannabis businesses after its Technical Design/Review committee recommended their approval.
“This relates to the change in Kentucky statute that will allow medical cannabis effective January 2025,” Chairman Rick Lunnemann said.
Under Kentucky state law, medical cannabis businesses are barred from opening within 1,000 feet of an existing elementary, secondary school or daycare center. The law measures 1,000 feet as a straight line from the nearest property line to any of these buildings.
Boone County’s medical cannabis amendments include all-encompassing specific use standards for different types of zoning designations such as Agricultural, Commercial, Office, Industrial, Public Facilities, Airport, Walton Downtown District, Union Commercial, Union Town Center Zone, Graves Road Commercial and Graves Road Business District.
Boone County’s proposed specific use standards require that:
- Cannabis businesses shall only take place in an enclosed, locked facility.
- Cannabis businesses shall not be within 1,000 feet of an existing elementary or secondary school or a daycare center.
- Cannabis businesses shall not be within 500 feet of a public park or playground.
- Cannabis businesses shall not be within 500 feet of a religious assembly facility.
- Cannabis businesses shall not be within 500 feet of a sexually oriented business.
- A dispensary shall not be within 1,000 feet of an existing dispensary.
Boone County Zoning Administrator Michael Schwartz said the next step is for the planning commission to vote on the amendments at its next business meeting on August 7.
The legalization of medical cannabis in Kentucky came about on March 31, 2023, when Gov. Andy Beshear signed Senate Bill 47 into law. The law enabled the regulation of medical marijuana statewide and established the administration of such regulation under the Cabinet for Health and Family Services and the newly established Kentucky Medical Cannabis Program.
If a county opts not to let businesses operate, but a city within that county opts in, the bill allows businesses to operate within that city’s jurisdictional boundaries. Kentucky state law requires each individual city to create zoning regulations to either allow or prohibit the operation of medical cannabis businesses.
Local governments have until Jan. 1 to decide whether to allow businesses to operate in their cities and counties. If they want to allow residents enough time to petition their decision and get it on the November ballot, the petition must be certified by the county clerk by Aug. 13.
Up to 10 licenses for cannabis processors and up to 48 licenses for dispensaries will be issued across Kentucky. Those licenses will be issued in 11 regions across the Commonwealth. License applications will be accepted now through Aug. 31, according to the Office of Medical Cannabis.
On June 19, the Boone County Fiscal Court voted to prohibit medical cannabis businesses in unincorporated Boone County. The fiscal court’s vote left the prohibition decision up to each city in the county: Union, Walton and Florence.
So far, the Union Commission approved a resolution that would place the question of whether or not to prohibit medical cannabis businesses on the ballot this upcoming Election Day. The Walton City Council voted to prohibit the businesses outright.
Schwartz and Lunnemann said it was important for the committee to keep timeliness in mind when considering the amendments because each city is in the process of voting on whether or not to allow zoning for medical cannabis businesses.
“Staff felt that it was important to get the proposed zoning regulations at least through the public hearing process so that should the citizens of Florence and Union vote yes to allow cannabis businesses within those two jurisdictions — either one of them — those legislative bodies could immediately pick up the Planning Commission’s recommendation, whatever it is, and immediately take action to get some zoning regulations in place before January 1,” Lunnemann said.
The committee is set to send a copy of its recommendation of approval to the Boone County Fiscal Court, Walton City Council, Union City Commission and Florence City Council.
This story originally appeared on linknky.com.
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