Some members of the Kensington community were caught off guard upon learning a marijuana dispensary was to be located in close proximity to their homes, residents told the Montgomery County Council during a public hearing Tuesday afternoon.
“The projected dispensary would fully abut my backyard and be 30 feet from my bedroom,” Kensington resident Leslie Westbrook said.
The hearing was focused on a proposed zoning change under council consideration that would prohibit licensed cannabis dispensaries within 100 feet of residential buildings and lots zoned for residential use. The planned dispensary on University Boulevard was a major topic among a handful of speakers.
There are “four reasons this is a problem: noise, crime, children [safety] and housing values,” Westbrook said. “As a senior citizen who sees my home as a major part of my retirement resources and plan, this is deeply disturbing. Everyone in our neighborhood is concerned about their home values.”
In addition to those who spoke at the hearing, more than 450 people signed an online petition opposing the planned dispensary.
“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.”
That community input is why councilmember Gabe Albornoz (D-At-large) said he decided to draft and introduce the bill. However, if approved by the council, the legislation would apply to dispensaries proposed after its passage and would not stop the development of the planned Kensington dispensary.
But there is still potential for the Kensington dispensary development to be shut down, according to Albornoz.
Albornoz told Bethesda Today on Tuesday the county has sent a letter to state cannabis regulators seeking guidance on the zoning of the Kensington dispensary. This raises the possibility that the development could be shut down, he said.
Albornoz’s proposed bill is enabled by legislation passed by the Maryland General Assembly earlier last year that created regulations and standards for cannabis retailers in the state.
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.
During both the 2024 and 2025 General Assembly sessions, lawmakers approved several changes in state law 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. This is what enables Albornoz’s bill.
“[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 when introducing the bill last month.
Kensington Mayor Tracey Furman said at Tuesday’s council hearing the town’s leadership is not taking a formal position regarding the planned dispensary. However, she asked the council to review the new state law regarding the 500 foot setback to see if it applies to the Kensington dispensary, saying she believes it could eclipse county policy. She believes some religious institutions may be within the 500 feet of the dispensary.
“Our first concern is that both the state and county … may be overlooking the language of state law that prohibits cannabis dispensaries within 500 feet of [sensitive] locations,” she said. “We would have expected nontraditional churches of different cultures would receive the same respect and classifications as traditional brick-and-mortar churches receive as sensitive locations. By not acknowledging the churches, it leaves open the possibility for cannabis dispensaries to abut residential properties where children may be present.”
Benjamin Burbert, zoning coordinator for the Maryland-National Capital Park and Planning Commission, testified during the hearing on behalf of the county’s Planning Board. He said the board is considering how alternatives to the county’s current regulations could be implemented, but that there are concerns that prohibiting residential development in certain areas within a certain setback of a particular retail establishment could have unintended consequences on development in mixed-use zones that include both residential and retail developments.
“This would create a near prohibition on [mixed-use zoning] location and their uses, particularly since retail is now pretty much in every area that we allow in our mixed-use zones, and we’re trying to encourage more housing everywhere,” Burbert said.
A vote on the proposed legislation has not yet been scheduled. The council’s Planning, Housing and Parks Committee is expected to schedule a session on the proposal.
