Boone County Debates Banning Medical Marijuana Businesses

Boone County is one of many local governments across the state of Kentucky faced with a decision: how will medical marijuana businesses operate within their jurisdiction?

Senate Bill 47, which Governor Andy Beshear signed into law on March 31, 2023, legalizes medicinal cannabis in Kentucky. Kentucky municipalities are hurrying to make legislation that regulates cannabis-related businesses within their jurisdictions before the legislation goes into effect in 2025.

During a fiscal court meeting on May 21, Boone County Administrator Matthew Webster explained that the county has several options but must move swiftly to comply with the state’s regulatory timeline.

“The (fiscal) court can choose to prohibit the substance in its entirety in terms of cultivation, dispensary, etc.,” Webster said. “We can choose to allow it, and if we do nothing, we are allowing it, and we can look to enact regulations through zoning and our regulatory scheme, or the court could decide ultimately to place it on the ballot and let the voters decide.”

Webster said Boone County was advised to take action by June 30 to prevent confusion.

Boone County staff recommended presenting an ordinance that would opt out and prohibit cannabis-related businesses in Boone County. Then the cities of Florence, Union and Walton would have more time to opt in on their own accord and then create their own cannabis-related business regulations.

The old Boone County courthouse in Burlington

“Understanding that cities may opt back in — that’s a local control issue,” Webster said. “The county and your (fiscal court) action can opt-out; any of our three cities could choose to pass an ordinance and opt back in within the incorporated city limits.”

Boone County Attorney Jordan Dallas Turner noted that the state of Kentucky is “only issuing so many licenses,” so not every county will have medical cannabis businesses.

Commissioner Chet Hand followed Turner’s point by concluding that it’s “highly likely” that Boone County would be awarded a license if the fiscal court hypothetically votes to allow medical cannabis businesses due to its large population. Boone County is the fourth-most populous county in Kentucky.

Campbell County Administrator Matt Elberfeld seems to view this ordinance as a way to give local cities more time to decide on the issue.

“I would characterize this ordinance here as an administrative maneuver, not necessarily a grand policy statement, because all of our cities have the option to opt in at a future date,” Elberfeld said during a May 15 meeting.