[Bill No. 36-23]

As used in this article, the following terms have the meanings indicated:

CANNABIS DISPENSARY — An entity licensed by the state that acquires, possesses, repackages, transports, sells, dispenses, or distributes products containing cannabis and related supplies and products pursuant to COMAR 10.62.01 to 10.62.35 for medical cannabis and applicable state law for adult-use cannabis.

CANNABIS GROWER — An entity licensed by the state that cultivates, manufactures, grows, packages, or distributes cannabis to a licensed processor or a registered independent testing laboratory pursuant to COMAR 10.62.01 to 10.62.35 for medical cannabis and applicable state law for adult-use cannabis.

CANNABIS GROWER FACILITY — A location or facility at which a licensed cannabis grower operates.

CANNABIS PROCESSOR — A person or entity licensed by the state that transforms cannabis into another product or extract, and packages and labels cannabis and transfers its product to a licensed dispensary pursuant to COMAR 10.62.01 to 10.62.35 for medical cannabis and applicable state law for adult-use cannabis.

CANNABIS PROCESSOR FACILITY — A facility at which a licensed cannabis processor operates.

A.

Permitted areas.

[Bill No. 21-2017; 36-23]

1.

A cannabis dispensary is permitted in the B.R., B.M., B.L., B.L.R., M.L., and O-3 Zones by right.

2.

A cannabis dispensary is permitted only by special exception in a B.R., B.M., B.L., B.L.R., M.L., or O-3 Zone that is located in a Commercial Revitalization District.

3.

A cannabis dispensary is not permitted in an M.L. Zone if located in a Chesapeake Enterprise Zone.

B.

A cannabis dispensary may not be located:

[Bill No. 36-23]

1.

Within 500 feet of a public or private elementary school, middle school, or high school; or

2.

Within 500 feet of a day care center; or

[Bill No. 28-2018]

3.

Within 1,000 feet of another cannabis dispensary.

[Bill No. 28-2018]

C.

All setbacks under Subsection B shall be measured from the nearest property line of the cannabis dispensary using a direct line to the nearest property line of the school, day care center, or other dispensary.

[Bill No. 28-2018; 36-23]

[Bill No. 36-23]

A.

A cannabis grower facility or a cannabis processor facility may be located in an R.C.2., S.E. or M.L.-I.M. Zone by right.

B.

A cannabis grower facility or a cannabis processor facility may be located in an R.C. 7 or R.C. 8 Zone by special exception only.

C.

A cannabis grower facility or a cannabis processor facility is permitted only by special exception in an M.L.-I.M. Zone located within the Chesapeake Enterprise Zone.

D.

An entity that is licensed as both a cannabis grower and a cannabis processor may operate a licensed cannabis dispensary at its growing and processing facility located in an M.L.-I.M. Zone, subject to the requirements of COMAR 10.62.01 to 10.62.35 for medical cannabis and applicable state law for adult-use cannabis.

[Bill No. 83-2015]

[Bill No. 104-2020]

A.

A cannabis grower or cannabis processor may provide up to 50 percent of its required off-street parking spaces for the facility in an off-site parking lot, if:

1.

The cannabis grower or cannabis processor provides a shuttle to the facility for the employees parking in the off-site lot; or

2.

Both the cannabis grower or cannabis processor use and the off-site parking lot are located within 1,000 feet of a mass transit administration light rail stop to provide the necessary transportation between the lot and the facility.

[Bill No. 36-23]

B.

Upon request by the director of the department of permits, approvals and inspections, the cannabis grower or cannabis processor shall provide documentation of entitlement to use the parking spaces in the off-site parking lot and that it has satisfied one of the above conditions.

[Bill No. 36-23]

C.

To the extent anything contained in Section 409 of the Baltimore County Zoning Regulations is contrary to this section, this section shall govern.