Southgate voters will get to decide on the future of medical cannabis in the city this November.
At their June 5 meeting, the city council voted to put the question of a potential medical cannabis facility on the next ballot.
Medical cannabis will be legal in the state effective Jan. 1, 2025. Each individual city is responsible for creating the zoning regulations to make way or not allow those types of businesses to operate; however, if cities do not have those regulations in place by June 30, the state can begin issuing licenses, and if those businesses start operations, they will be grandfathered against any future regulation.Medical cannabis will be legal in Kentucky starting Jan. 1, 2025, and cities and counties across Northern Kentucky have been mulling whether to allow these businesses to operate.
Each city is responsible for creating zoning regulations to make way for (or not allow) those types of businesses to operate.
According to the Office of Medical Cannabis, they will be accepting applications for licenses between July 1 and Aug. 31.
“If they get more applications than the licenses they want to issue, there will be a lottery,” said Sharmili Reddy, the executive director of Planning and Development Services of Kenton County. Reddy has been giving presentations to cities across Kenton County as they discuss their thoughts on the matter. “Based on this timeline, the earliest it will be is this fall before we will see the first set of licenses issued.”
Local governments have until Jan. 1 to take action on whether they want to allow businesses to operate in their cities and counties. But, if they want to allow enough time for residents to petition their decision and get it on the November ballot, Reddy said local governments need to act soon. The petition has to be certified by the county clerk by Aug. 13 in order to go on the November ballot.
If a county opts not to let businesses operate, but a city within that county opts in, the bill allows businesses to operate within that city’s jurisdictional boundaries.
Across all of Kentucky, the state will issue up to 10 licenses for cannabis processors and up to 48 licenses for dispensaries. Those licenses will be issued in 11 regions across the commonwealth.
Each region will initially be granted at least four dispensary licenses, but no more than one dispensary can be located in each county – the exceptions being Kentucky’s two largest counties, Jefferson and Fayette.Medical cannabis will be legal in the state effective Jan. 1, 2025. Each individual city is responsible for creating the zoning regulations to make way or not allow those types of businesses to operate; however, if cities do not have those regulations in place by June 30, the state can begin issuing licenses, and if those businesses start operations, they will be grandfathered against any future regulation.
At the meeting, City Attorney Mary Ann Stewart explained the changes in Kentucky law, Campbell County’s decision on it, and the options for municipalities.
Stewart explained there are different types of operations included in the production and distribution of medicinal cannabis, and all are allowable in the legislation. These could include cultivation (indoor agriculture), processing, production, dispensary or a safety compliance/research and development facility. Each type would require amendments to city zoning codes.
Municipalities have options, she said. These include:
- Allow medicinal cannabis operations. If this is the choice, Stewart said, officials will need to prepare text changes for their city codes to present to planning and zoning.
- Do not allow medicinal cannabis operations. If this is a choice, it is possible for citizens to petition to have the issue placed on the upcoming ballot. The citizens could vote to allow the facilities.
- Do nothing right now and have the issue put on the ballot for November for city residents to decide. If that is the decision, the city needs to act quickly to ensure the issue is on the ballots for the fall.
“As you can see most cities are taking action one way or the other now… Here in Campbell County, we know the fiscal court has taken action to prohibit it county-wide,” said Stewart.
Although the county voted to prohibit, she said that the legislation makes clear cities must make their own decisions on how to handle the facilities within their jurisdictions (within the city limits).
Stewart said there is urgency on this, which is tied to the need to get the issue on the ballot if that is the choice. The county clerks need to be notified and have the language for the ballot by August to prepare the ballots for voting in November.
The cabinet will decide what type of facility will go where, and the zoning needs are different for the different types of operations, Stewart said. Cities must make decisions on how the facilities would be zoned and where they would go and have them in place before Jan. 1.
“The use that is most pertinent to all the cities and counties are dispensaries. What the cabinet has told us is statewide, there will only be licenses for 48 dispensaries. In our region…there will only be licenses for four dispensaries,” Stewart said.
With nine counties in our region, there’s a good chance Southgate may not have a dispensary. On the other hand, Stewart said, certain restrictions such as distance from schools, churches and daycare centers narrow the choices. Cities also cannot choose the type of facility. The cabinet will decide what operations will go where.
After the discussion, council member Mark Messmer proposed that the city place the issue on the ballot and let city residents decide. His motion was seconded by Joe Anderson, and council approved the plan.
Stewart said she would prepare the ballot language and look into zoning options as soon as possible.
