Louisville Passes Medicinal Marijuana Law Under State Law

The Louisville Metropolitan Council on Thursday passed an ordinance that would govern where medical marijuana dispensaries can be located in Jefferson County, with council members opting to establish regulations similar to state law despite talk of more stringent restrictions.

The decision comes just weeks before the deadline for applications in a potential state lottery that would determine which business owners can open a limited number of medical marijuana dispensaries. Jefferson County is getting two dispensary licenses.

Kentucky legalized medical marijuana during the 2023 legislative session, and the law went into effect on Jan. 1, 2025. The Cabinet for Health and Family Services has since enacted state regulations, including a ban on opening dispensaries within 1,000 feet of a daycare or school.

For weeks, Metro Council members have been considering additional regulations for dispensaries in Jefferson County. Louisville’s Planning Commission’s recommendation suggested adding odor standards and preventing dispensaries from being located within 1,000 feet of parks, public playgrounds, libraries, religious centers and other areas.

However, after pressure from Republican Councilman Dan Seum Jr., the city backed away from implementing stricter regulations.

“I’m concerned that some of the amendments could confuse what might happen 10 years from now,” Seum said at the committee meeting, referring to council talks about possible future legalization of recreational marijuana. “We’ll deal with that then, but right now we’re dealing with patients. We’re dealing with sort of a Walgreens for cannabis.”

He added: “We don’t need to impose any more regulation on these patients than is necessary.”

Councilwoman Jennifer Chappell, a Democrat, agreed. She warned during another committee meeting that imposing such strict zoning rules could create “pockets of unsavory activity” instead of allowing dispensaries in safer areas. She added that medical marijuana facilities are safe, clean, and that she would like to have one in her neighborhood.

After the debate, some council members who had once advocated for stronger regulation changed their minds. The ordinance passed by a vote of 22 to 1.

The council also defined “school” as primary, secondary, or high school. It did not include colleges or vocational schools.

Retail outlets and safety-compliant establishments will be permitted in C-2 and C-3 commercial zones and will require conditional use permits.

Under the ordinance, dispensaries, safety compliance facilities, and medical marijuana processors, growers and producers will also be allowed to operate in several additional zoning zones — including enterprise zones, industrial zones and planned employment center zones.

Pharmacies will only be allowed to operate from 8 a.m. to 8 p.m. All transactions will have to take place inside, except for safe loading and unloading areas, drive-through windows, or curbside pickup.

Pharmacies cannot be located in the same place where cannabis is grown or cultivated. They also cannot be located in the same office as a doctor.

Louisville’s ordinance also includes a disclaimer that if a rule conflicts with state law, the more restrictive rule applies.

The marijuana business license application portal will be open for applications until Aug. 31, but the state office asked people to submit their applications by Aug. 15 to speed up processing time. A lottery will be held if the number of eligible applicants exceeds the number of available licenses.

Would-be medical marijuana entrepreneurs will need to spend between $3,000 and $20,000 to apply for a license, depending on the type of business they want to start. Another license category, the Tier IV grower, will cost $30,000 in application fees but will not be available during the initial licensing period.

Contact reporter Eleanor McCrary at [email protected] or @ellie_mccrary on X, formerly known as Twitter.