Proposed zoning change would prohibit cannabis dispensaries within 100 feet of residential buildings

Legislation enabled by new state law

May 14, 2025 3:17 p.m.

A proposed zoning change introduced in the Montgomery County Council meeting on Tuesday would prohibit licensed cannabis dispensaries within 100 feet of residential buildings and lots zoned for residential use.

Councilmembers Sidney Katz (D-Dist. 3) and Gabe Albornoz (D-At-large) introduced the zoning text amendment, which is co-sponsored by council President Kate Stewart (D-Dist. 4), during the council’s meeting in Rockville.

The proposal is enabled by legislation passed by the Maryland General Assembly earlier this year that created regulations and standards for cannabis retailers in the state. Gov. Wes Moore (D) signed the bill into law April 22.

Marijuana was legalized for recreational use and sale in Maryland in 2023. With this change in state law, the General Assembly established the Advisory Board on Medical and Adult-Use Cannabis. The state board of 23 appointed members considers cannabis-related matters brought forward by the governor, the General Assembly, the Maryland Cannabis Administration and the Maryland Alcohol, Tobacco, and Cannabis Commissions. The General Assembly reviews the role of the board and potential changes in cannabis-related legislation annually.

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During the 2025 General Assembly session that ended April 7, lawmakers approved several changes at the request of the Maryland Cannabis Commission. These included prohibiting dispensaries from being located within 500 square feet of so-called “sensitive areas,” which include child care spaces and faith-based congregations.

One aspect of the new state law allows local governments to establish zoning boundaries between residential buildings and dispensaries.

“[The General Assembly] debated this and decided that 100 feet would be reasonable – that it would both address the potential concerns of local residents, but also not impede dispensaries’ ability to be able to find locations and people to operate,” Albornoz said.

Albornoz said the issue was brought to his attention after town officials and residents in Kensington complained about the planned opening of a marijuana dispensary on University Boulevard. An online petition opposing the dispensary has garnered more than 380 signatures.

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“Kensington is a suburban community with schools, parks, and family-oriented businesses,” the petition says. “A dispensary in our neighborhood would increase youth exposure to marijuana and normalize its presence.”

A public hearing on the legislation is scheduled for 1:30 p.m. June 17. A council vote has not  been scheduled. If the proposed zoning change passes, it would go into effect 20 days after being adopted by the council.

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