Kentucky Cities Discuss Medical Marijuana Rules

Cities across Kentucky are preparing for Senate Bill 47 to take effect on January 1, 2025. A key part of preparation is deciding where medical marijuana businesses will be located.

Local governments can pass zoning restrictions on cannabis cultivation, processing, production and dispensaries to go along with existing statewide regulations.

One of the state requirements already in place is that a cannabis business must be at least 1,000 feet from an “existing school or daycare.”

So, while there are specific rules that all cities have to follow, it is up to the individual city or county whether they allow cannabis businesses in their jurisdiction.

Cities in Kenton County, like many across the state, are debating their options.

Sharmili Reddy discusses medical marijuana zoning in Kenton Couty

Sharmili Reddy, executive director at Kenton County Planning & Development Services, is researching the options from a zoning perspective. 

Reddy explains there are three options for cities to choose from:

• They can opt to allow cannabis business operations in the city according to the state statute.

• The city can apply its own regulations in addition to the state’s.

• A city could decide to prohibit cannabis businesses from operating within city limits. However, this decision doesn’t mean that people in that city could not get medical cannabis. 

Reddy’s team has already made suggestions for municipalities to consider. Those suggestions include limiting the number of cannabis business operations within a zone, establishing on-site parking requirements and establishing specific hours of operation. 

It is important to note that even if a city elects to ban medical marijuana businesses, this does not affect a medical marijuana patient’s ability to use and possess marijuana.

“Regardless of whether local governments prohibit or allow medical cannabis businesses within jurisdictional boundaries, if there is a medical reason, a person will still have access,” Reddy said. “This decision only has to do with where the businesses can be located.” 

Additionally, if a local government chooses to ban marijuana businesses, citizens could organize a petition to overturn this decision. 

Either way, a decision must be made before January 1, 2025.

“Cities and counties have to take some action, allowing or prohibiting, before Jan. 1, 2025,” Reddy said. “If the state issues any licenses in the meantime, they will be grandfathered in.”

For more information about medical marijuana business licenses, please visit the web page for the Kentucky Office of Medical Cannabis.