Baltimore Sun

Medical pot site runs into obstacles in Arundel

Schuh’s opposition and change in variance regulation­s block business

- By Chase Cook ccook@capgaznews.com

When Abigail Diehl’s company received approval from Anne Arundel County in February to build a medical marijuana dispensary off Generals Highway, she thought her bureaucrat­ic struggles were over.

But opponents of the project have appealed the approval to the county board of appeals, and a change in zoning laws has put the business in doubt.

Diehl said the woman-owned company is struggling to gain a foothold in the county. Other medical marijuana dispensari­es have had difficulty finding suitable locations and weaving through county bureaucrac­y. Only one dispensary has opened, in Linthicum, since the state awarded preliminar­y dispensary licenses in December 2016.

Diehl, director of real estate for Kind Therapeuti­cs USA, is responsibl­e for finding a dispensary location for the company. Kind Therapeuti­cs owns a marijuana growing business in Hagerstown and has a license for a dispensary in District 30 in Anne Arundel County.

“We spent about a year and a half looking for a site,” Diehl said. “And now we have no chance without changes to the law.”

Diehl’s site requires a variance for approval because under county rules it would be too close to residentia­l property. Variances are requests by developers and homeowners to bypass county rules that they claim are onerous.

The county changed the rules in May to prohibit variances for medical marijuana projects. County Executive Steve Schuh proposed the change after the departure of administra­tive hearings officer Douglas Abigail Diehl, director of real estate for Kind Therapeuti­cs USA, said current procedures make finding a location almost impossible. Hollmann.

Schuh said he disagreed with Hollmann’s interpreta­tion of variance laws.

The board of appeals is scheduled to review the county’s approval to build the dispensary in September.

Changes to the law after the initial decision could affect the outcome of the case. Board members won’t be familiar with the previous decision, so lawyers will have to present the case from the beginning.

Schuh spokesman Owen McEvoy said the county executive proposed the variance legislatio­n to stop the administra­tive hearings officer from granting variances, not to jeopardize projects that already had approval.

“We weren’t trying to prevent anyone who was approved for anything,” McEvoy said. “This is an unfortunat­e situation that a company was caught in the middle.”

Richard Owens, a party to the appeal, owns one of the residentia­l properties that required Kind Therapeuti­cs to seek a variance. He did not return a request for comment.

County Councilman Jerry Walker has introduced legislatio­n that would grandfathe­r in the Kind Therapeuti­cs dispensary to allow a variance for the site.

Walker’s bill is scheduled to go before the County Council on Sept. 4. The appeals hearing for Diehl’s company is set for Sept. 6.

The Crofton Republican did not immediatel­y return a request for comment.

Other dispensary owners have struggled to open businesses in Anne Arundel County. Schuh has publicly opposed dispensari­es and wanted to shut them out of the county completely. But dispensari­es are regulated by the state, which awards up to two licenses per state senatorial district.

Schuh and the County Council developed regulation­s that require dispensari­es to be build along major roadways, but prohibit them within1,000 feet of homes or schools. But several applicants have said it is almost impossible to find a location that meets all the requiremen­ts.

The County Council is considerin­g legislatio­n that would loosen some of the restrictio­ns by reducing distance requiremen­ts by 250 feet and lowering road access requiremen­ts for sites in industrial zones.

But in Diehl’s case those changes wouldn’t help. She needs the county to reduce the distance restrictio­n to 500 feet or less.

“It does feel like medical marijuana businesses are being unfairly targeted,” Diehl said. “We are looking for the council to step in and help us.”

 ?? JEN RYNDA/BALTIMORE SUN MEDIA GROUP PHOTOS ?? The proposed location of Abigail Diehl’s medical marijuana business in Annapolis on Wednesday. An appeal was filed for her site on Generals Highway, and changes in rules are making it impossible for them to win the case, Diehl says.
JEN RYNDA/BALTIMORE SUN MEDIA GROUP PHOTOS The proposed location of Abigail Diehl’s medical marijuana business in Annapolis on Wednesday. An appeal was filed for her site on Generals Highway, and changes in rules are making it impossible for them to win the case, Diehl says.
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