Legislative Update

Originally Published: February 17, 2024

Cannabis Bills w/Local Effects

Deputy County Attorney John Houser provided the Commissioners with a thorough legislative update during the February 13th meeting. I’ll cover those updates and other legislation across several posts. This post will cover HB805 and SB158, two bills affecting cannabis law.

HB805, sponsored by Delegate CT Wilson of Charles County, affects zoning restrictions for licensed cannabis businesses. Primarily, this bill clarifies local jurisdictions can reduce but not expand the 500 FT setback preventing a cannabis grower, processor, or dispensary from operating near a school, daycare, public park, place of worship, library, or recreation centers. Additionally, the bill requires local laws regulating liquor stores to also apply to cannabis businesses and prohibits a local government from adopting regulations on the outdoor growth of cannabis. If passed, Houser said the bill would affect county regulations on signage and advertising, and conditional use approvals for cannabis businesses. HB805’s hearing is 2/23/24 at 1PM in the Economic Matters Committees, and those submitting testimony must sign up by 2/21/24 at 6PM.

SB158, sponsored by Senator Jack Bailey, repeals a provision of state law “permitting for an exemption from local zoning regulations for certain cannabis facilities used by a grower, processor, or dispensary that held certain Stage One Preapproval for a license before October 1, 2022.” A resident of Abell sent a request to the Commissioners for their support, but Houser cautioned the Commissioners not to speak about this bill in relation to any single cannabis facility.

Commissioner Hewitt asked for an explanation of the bill’s intent. Houser said cannabis legislation HB556 from last year implemented the October 2022 date to allow time for a business licensed for medical cannabis to convert to a recreational license. The original date listed in the bill, January 2022, was changed at the last minute during a weekend session two days before the legislative session closed. “If a business was licensed anywhere in Maryland prior to October 1, 2022, but was not yet operational (however operational is defined locally), the business is exempt from local zoning authority,” explained Houser. The intention, he said, was to “reign in an allowed expansion exemption from zoning law to a reasonable minimum.” The Commissioners unanimously voted to send a letter of support for this bill, which has its first hearing on February 15th.

Unrelated to cannabis, but still affecting us locally, is HB950 which would require the Governor’s budget each year to include at least $80.5M from the Transportation Trust Fund for the Locally Operated Transit System (LOTS) Grant Program. Alison Swint, Deputy Director of the county’s Department of Public Works & Transportation (DPWT) requested the Commissioners to submit a letter of support. Swint explained the funding requirement would begin with the FY26 budget, and is designed to prevent future transportation funding cuts. In the early stages of this year’s state budget, the Governor requested an 8% cut in transportation funding across the board, and from that an additional 40% in LOTS funding was removed. LOTS grants fund the STS bus system locally. While the funding was restored to this year’s budget, Swint said huge reductions in service would have been needed without that funding. The Commissioners unanimously voted to submit a letter of support.

House Testimony How To: https://mgaleg.maryland.gov/pubs.../current-jud-faqs.pdf

Senate Testimony How To: https://mgaleg.maryland.gov/pubs.../current-jpr-faqs.pdf