Update: Southern Waves Dispensary
Conditional Use Approved
Southern Waves Dispensary is one step closer to opening after receiving conditional use approval from the Board of Appeals. On July 10th, the BOA reviewed the application to open what will be only the second dispensary in St. Mary’s County.
Representing the applicant was land use attorney Chris Longmore, who said this was possibly the first conditional use approval (CUAP) of its kind reviewed by the BOA. State legislation heavily regulates the cannabis industry while also limiting the county’s ability to restrict cannabis businesses. State law prevents counties from enacting stricter zoning requirements on a cannabis business than it would for a store licensed to sell alcohol. The county’s Comprehensive Zoning ordinance was amended in August 2022 to include uses for medical cannabis processor, dispensary, and grower. Recreational cannabis was legalized by voters in November 2022.
Though they agreed to go through the CUAP process, Longmore noted they didn’t believe it would be required for alcohol use. He said the county attorney’s office had a different interpretation–that the CUAP is required–before reminding the BOA that their decision is solely on whether the use is allowed. The concept site plan will be reviewed by the Planning Commission at a later date.
Concept rendering.
Southern Waves plans to only functionally use 2,000 of the total 3,000 square feet in the building because of legal requirements dictating storage, sales floor, and other standards. This impacts the formula used for traffic calculations, resulting in the dispensary generating less traffic than a bank according to the traffic report. Primary access off 235 is right-in, right-out only. Secondary access is available via Miramar Way, but drivers would navigate through the Donut Connection parking lot. BOA member Donald LaRocco asked if anyone had talked to neighboring businesses about overflow parking, a concern shared by Rita Weaver. Analysis showed peak parking would only fill 13 of the 16 available spots. But Kwasi Johson, COO of the dispensary’s LLC, mentioned the two drive thru lanes providing additional access so not every customer will need to park.
Kevin Gibbs, the project’s investor and consultant, explained business operations to the board. Customers must provide an ID that is scanned into a statewide database tracking the amount of product, and its potency, purchased. In Maryland, adults 21 and over can purchase up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, or products with up to 750mg of THC according to the Maryland Cannabis Administration.
Customers can also pre-order online, Gibbs said, then pickup at a walk-up window or via the drive thru lanes. No matter the option, identification is required.
Johnson, Longmore and Gibbs
The point was repeatedly made throughout the hearing that the cannabis industry is highly regulated by state law. Yet, the county is permeated with vape shops selling unregulated products. The dispensary must post a “no loitering” sign, though several BOA members wondered if a security guard was also needed. Ronald Payne mentioned a nearby vape shop whose customers have been banned from a neighboring liquor store for bad behavior. They often hang out along the Three Notch Trail, he said. Payne wondered if the goal of the dispensary was to “help people” or keep people from going “down to Great Mills Road and dealing with people who sell drugs?” Michael Valcke, another BOA member, was curious “what type of clientele the [dispensary] might attract,” saying the no loitering sign isn’t going to dissuade anyone.
Six people spoke against the project, including the owner of neighboring Donut Connection. “As the next door neighbor,” he said, “if you asked me do I need that facility there? I would say no.” One homeowner who lives behind the property called the business “modern day drug dealers.” Next to the proposed dispensary is a Super 8 Motel, where drug use was frequent before it closed. “We have to be grateful that a crazy person set the motel on fire because it's been better since it closed,” she said. Two written comments were received, one for the project and one against.
During deliberations Weaver said the project had met requirements for CUAP, and as a retired ER nurse could appreciate safer, regulated cannabis after seeing many overdoses. LoRocco said he believed marijuana is a gateway drug, but it was approved for recreational use by a majority of voters. “You guys meet every standard there is,” he said, “...so voting has consequences.” Payne described the meeting as “a pretty sad day really. People use this stuff and it’s not really good for them unless a medical doctor prescribed something.” Valcke understood community concerns. “I don’t know what’s going on in our country, but our country is broken and our kids need some guidance,” he stated.
Southern Waves Dispensary’s conditional use was approved by a 5-0 vote. The concept site plan will be heard by the Planning Commission at a later date.
