Here’s where medical marijuana dispensaries, grow operations can go in Fayette County
The Lexington council is expected to approve new regulations determining where medical marijuana operators can locate in Fayette County in coming weeks.
On Tuesday, the Lexington-Fayette Urban County Council moved to its meeting agenda regulations that would determine what types of medical operations can go in what zones and also set local license requirements.
The council is expected to take a final vote on both the licensing fee structure and the medical marijuana zoning regulations at its June 27 meeting.
Lexington and other local governments across Kentucky are scrambling to get regulations in place before July 1, when licensing for medical marijuana operators will likely begin. Those licenses will be given through a lottery process. People can start getting medical marijuana cards starting Jan 1. That means the businesses have to be in place before medical marijuana is legally sold.
If cities and counties don’t have zoning regulations in place, those operators could come into a city or county and locate anywhere.
The law also says cities and counties can choose to outlaw all medical cannabis operations. Some northern Kentucky counties and cities are considering banning all medical marijuana operators.
Wes Holbrook, director of revenue for the city of Lexington, said the city can’t charge more than it would cost to review applications. The city determined it would cost roughly $500 in staff time to review all applications.
Zoning ordinance restrictions on medical marijuana
Those medical cannabis business entities outlined under the law include:
- Cultivators (growers)
- Processor
- Producer
- Safety Compliance Facility
- Dispensary
State law says no cannabis operation can be within 1,000 feet of a school or daycare. The zoning ordinance restricts where certain types of operations can go.
Here’s what the ordinance says:
- Cultivators or growers would be allowed in industrial and economic development zones. It would be a prohibited use in all residential, business and mixed use zones. Depending on the size of the growing operation, it would be allowed as a conditional use — meaning it would have to get special approval — in some agricultural zones. Those growing operations have to be in an enclosed, locked facility, according to the law.
- Processors, which take the raw materials and turn it into a product, would be allowed in industrial and economic development zones but would be prohibited in all other zones.
- Producers, which can process and market the product, also would be allowed in industrial and economic development zones but would be prohibited in all other residential and business zones.
- Safety compliance facilities, which test medical cannabis among other activities, would be allowed in some business zones including professional office space, the two primary business zones, industrial and economic development zones. It would be prohibited in residential areas.
- Dispensaries, where medical marijuana can be sold to the public, would be allowed in many of the city’s business zones and mixed use zones. They will be prohibited in residential zones, industrial and economic development zones.
This story was originally published June 11, 2024 at 3:51 PM.
