You may have heard that the Town Council recently passed an ordinance regarding marijuana dispensaries. We wanted to take a moment to let you know what the ordinance does–and does not do.
Why did the Council pass an ordinance regarding marijuana stores when they are not currently legal?
There is a reasonable chance that Virginia law will at some point be changed to allow the retail sale of marijuana. There is legislation currently working its way through General Assembly that would potentially do so this year. The Council decided to get ahead of any potential legalization by addressing how such retailers would be handled in the zoning process before it becomes a question. This is simply a precaution so that we are not caught off-guard if and when marijuana sales are legalized.
Did the Council approve marijuana being sold in town?
No. We recognize that many of you may have strong opinions either for or against the legalization of marijuana. The Council did not enter into that debate. In fact, the legislation currently proposed at the state level would specifically bar localities such as Bridgewater from regulating or prohibiting the sale of marijuana. This means that the Council does not have a say in whether marijuana can be legally sold in Bridgewater. That is question for the state to answer.
So what did the Council do?
While the state legislation would not allow Bridgewater to regulate or prohibit the sale of marijuana, it does acknowledge that these businesses would still be subject to zoning ordinances just as every other business is. To apply our zoning ordinances to marijuana dispensaries, we first needed to define what kind of business they are. That is what the Council did. The Council decided to include them under the category of “Alternative Smoke Shops” along with vape stores. The Council believed that marijuana dispensaries would bear a resemblance to vape stores, so grouping them together made sense.
How would this affect a potential marijuana dispensary?
According to our zoning ordinances, Alternative Smoke Shops are allowed in B-1 and B-2 business zones but require a Special Use Permit. For a business to obtain a Special Use Permit, there must be a public hearing and an affirmative vote of the Council.
So what does all this mean?
The Council updated our zoning ordinances to define marijuana dispensaries as Alternative Smoke Shops. They made this change as a precaution so that we can apply our zoning rules to such businesses if and when the state legalizes the sale of marijuana. The practical effect is that, before a marijuana dispensary could open in Bridgewater, there would need to be a public hearing and Council approval.