Md. state lawmakers move to prevent local restrictions on cannabis shops

The question of where new cannabis dispensaries should set up shop in Prince George’s County divided the council last fall, igniting a layered debate about quality development and the potential for legalization to advance social equity in a county harmed by the War on Drugs.

While council members never settled on whether to restrict new shop locations, they are nearly united in opposing a move by state lawmakers that would block them from doing so in the future.

Twin bills slated for state legislative hearings later this month would limit local governments from establishing specific zoning requirements for dispensaries that are more restrictive than state guidelines — effectively ending an enduring debate in the affluent, majority-Black Washington suburb.

Cast by proponents as an effort to protect dispensary owners struggling to break into a new market, the proposals, County Council members said in interviews, would silence local voices on an issue that directly impacts them. This week, the body wrote a letter to its statehouse delegation stating its opposition.

“Local communities should have a say in what goes in their communities, especially ones that have been ignored and abused by industry,” council member Krystal Oriadha (D-District 7) said in an interview.

Oriadha, who co-sponsored legislation that would have relegated new dispensaries into industrial zones in the county, said many of her constituents fear a green rush of shops clogging county arteries already saturated with vape shops and liquor stores.

At a public hearing over the proposal in the fall, many county residents expressed these concerns within the broader context of what they said is lacking in swaths of Prince George’s — amenities and decent grocery options.

The concerns of liquor and smoke shops are issues that Prince George’s County leaders have created, not the state, said Del. C.T. Wilson (D-Charles), who sponsored House Bill 805.

“The counties will still have a say but what they’re not going to do is treat dispensaries any different than they currently treat alcohol,” he said in an interview, noting Prince George’s should have a sizable number of licensees from marginalized backgrounds.

The state is in the process of setting up a lottery for applicants seeking a recreational cannabis license under Maryland’s first round designed to foster social equity, which lawmakers championed as an argument for legalizing recreational marijuana in the state. Maryland legalized recreational marijuana last summer, spurring sales and excitement about the economic boost and promised equity social justice advocates touted.

People seeking to diversify the cannabis industry in Maryland told the Prince George’s County Council in the fall that requiring them to locate in industrial zones would pose hardship. The county’s own lawyers in September warned the proposal could be subject to a legal challenge, a concern echoed by the Maryland-National Capital Park and Planning Commission.

The proposal came up for a vote in November but did not pass.

Under Wilson’s bill, a place zoned for a liquor store could also be zoned for a dispensary. That doesn’t mean that wherever there is a liquor store a dispensary will be right next to it, he said.

“There’s going to be less than 300 (cannabis) licenses for the state,” he said. “This can be no more burdensome than what you use to zone liquor stores.”

Wilson is concerned that if a county like Prince George’s is successful in relegating dispensaries to only industrial zones, it could create a domino effect throughout the state where wealthier, Whiter communities choose to only place dispensaries in the poorest parts of their county, mimicking years of systemic policies that disenfranchised minority communities.

“Since the citizens of the state made it legal, [lawmakers must] make it safe and accessible and affordable,” he said. “In order for it to be accessible, it needs to be spread out fairly throughout our state.”

Prince George’s has the second highest number of Zip codes in the state eligible for the Maryland Social Equity Criteria, with a total of 18 Zip codes where cannabis charges exceeded 150 percent of the 10-year state average. Baltimore had 19.

About 90 percent of people arrested in Prince George’s County for possessing more than 10 grams of marijuana between 2018 and 2019 were Black, and Black people comprised about 64 percent of the population, an American Civil Liberties Union analysis found. The organization’s research shows that Black and White people consume marijuana at roughly the same rate.

Ensuring that racial minorities aren’t overlooked in the cannabis industry after being criminalized for possession and other marijuana-related charges is also of importance to some council members.

Council member Wanika Fisher (D-District 2) tried to add amendments to Oriadha’s proposal in the fall and abstained from voting on the letter to the county’s statehouse delegation this week, citing concerns that outright opposing a bill could prevent the county from being heard in future discussions where amendments could be on the table.

Fisher, a former delegate and lawyer, has been vocal about the county council’s push for limitations on the cannabis industry, stating concerns about stifling the industry before it starts and warning about the county creating legislation that could cause it to be sued.

“I care about my residents first and foremost, and I don’t want the county sued or in a position to put businesses behind because we’re not doing the right thing,” she said. “I think that’s why this bill from the state is trying to put some guardrails into place.”

Making a move that could limit small, minority-owned businesses doesn’t sit well with Fisher, she said.

“The thing is this industry is moving and we’ve already been left so far behind,” Fisher said. “Sometimes doing the right thing is not always the most popular thing.”

A representative for the county executive’s office said in Tuesday’s general assembly meeting that a position will be stated by the time the standing committee

Be the first to comment

Leave a Reply

Your email address will not be published.


*