Henrico proposes new marijuana business regulations
Henrico County officials are considering zoning changes that would establish regulations for recreational marijuana businesses in the county as a way to implement recent changes in Virginia law governing the distribution, processing and retail sale of cannabis.
The changes, outlined in a 24-page draft ordinance amendment (linked below), will be the subject of an Oct. 15 public hearing before the Henrico Planning Commission. That amendment also includes proposals that would allow significantly taller buildings in certain development areas, make changes to regulations governing multifamily housing, and require additional county approval for car washes, among other items.
If ultimately approved by the Henrico Board of Supervisors, the amendments would establish new restrictions on where marijuana businesses could operate and provide developers greater flexibility to construct taller buildings in certain locations.
Marijuana businesses would face location restrictions
The proposed ordinance establishes zoning categories and requirements for marijuana retail stores, microbusinesses, cultivation facilities, testing facilities, processing facilities and transporters. It also addresses medical cannabis dispensing facilities, pharmaceutical cannabis processors and regulated hemp-product retailers.
Under the proposal, marijuana retail stores and microbusinesses would be prohibited from locating within 1,000 feet of a school, religious institution, childcare center, playground or public park.
The same separation requirement would apply to cannabis dispensing facilities, pharmaceutical cannabis processing facilities and regulated hemp-product retail stores.
An exception would apply to cannabis dispensing facilities authorized by the Virginia Cannabis Control Authority's Board of Directors to exercise dual-use privileges and operating on Dec. 1, 2026. Both conditions would have to be satisfied for a facility to qualify.
A comparable exception would apply to qualifying pharmaceutical cannabis processing facilities.
Those exceptions could allow qualifying medical cannabis businesses to participate in the recreational market without having to relocate because of the county's new separation requirements.
The ordinance also would establish restrictions for businesses involved in producing, testing, processing and transporting marijuana.
Marijuana cultivation facilities, testing facilities, processing facilities and transporters would have to remain at least 1,000 feet from residential zoning districts.
Unlike the restrictions on retail marijuana businesses, which are based on proximity to schools, parks and certain other facilities, these requirements would separate marijuana production and distribution operations from residentially zoned properties.
The draft also specifies the zoning districts in which marijuana businesses could operate, subject to additional county approval.
Marijuana retail stores and microbusinesses would require provisional use permits in the B-2 and B-3 business districts and in several development areas within the Form-Based Alternative Overlay District, including Mixed-Use Corridor, Mixed-Use Core, Walkable Corridor, Walkable Center and Highway Edge.
Marijuana cultivation, testing, processing and transportation facilities would require provisional use permits in the M-1, M-2 and M-3 industrial districts.
Certain planned development districts also could accommodate marijuana businesses subject to their approved master plans and development conditions.
A provisional use permit requires approval by the Henrico Board of Supervisors following a public hearing, providing an additional level of review beyond the underlying zoning designation.
Cultivation and security requirements
The proposal would establish additional requirements for outdoor marijuana cultivation.
Outdoor cultivation areas, including those operated by marijuana microbusinesses, would have to be enclosed by opaque fencing or walls at least six feet tall, screened from adjoining properties and public rights-of-way, and set back at least 25 feet from property lines.
Marijuana cultivation facilities also would be required to screen loading, unloading and outdoor storage areas from residential districts and public rights-of-way.
Marijuana transporters would have to conduct loading and unloading within an enclosed building or screen those areas from residential districts and public rights-of-way.
The draft establishes separate off-street parking requirements for marijuana-related businesses.
Retail stores, microbusinesses and cannabis dispensing facilities would be required to provide 3.5 parking spaces per 1,000 square feet of floor area. Cultivation, testing and processing facilities, pharmaceutical cannabis processors and marijuana transporters would be required to provide two spaces per 1,000 square feet.
Marijuana-related businesses also would be among the uses required to submit a Crime Prevention Through Environmental Design plan for review and approval by the county's planning director.
Those plans are designed to address safety and security through the physical design and layout of properties, including features intended to discourage criminal activity.
Recreational-substances retailers also affected
The proposed ordinance also would tighten location restrictions for recreational-substances retail stores, a category distinct from licensed marijuana retailers.
The proposal would increase the minimum separation between recreational-substances retailers and schools from 1,000 feet to 2,000 feet.
Those businesses also would be required to remain at least 2,000 feet from religious institutions, childcare centers, playgrounds, public parks, existing recreational-substances retail stores, cannabis dispensing facilities, marijuana microbusinesses and marijuana retail stores.
The ordinance defines recreational substances broadly, including tobacco and nicotine products, vaping products, cannabis-derived substances, kratom, certain hallucinogenic compounds and related accessories.
However, the ordinance establishes separate classifications for several types of retailers, including licensed marijuana stores, regulated hemp-product retailers, tobacco retailers and cigar retailers. As a result, not every business selling those products necessarily would be classified as a recreational-substances retail store.
The draft also would prohibit drive-through windows at recreational-substances retail stores.
Separate provisions would require cigar retail stores to remain at least 1,000 feet from schools, religious institutions, childcare centers, playgrounds and public parks.
Tobacco retail stores also would be subject to a 1,000-foot separation requirement from those facilities, as well as from existing tobacco retail stores, and would be prohibited from operating drive-through windows.
Public hearing scheduled Oct. 15
The Planning Commission will consider the amendments during its 6 p.m. meeting Thursday, Oct. 15, at the Henrico County Government Center, 4301 East Parham Road.
Residents may attend the meeting in person or participate remotely through the county's online meeting system.
The Planning Commission may recommend approval of the amendments, recommend changes or continue consideration. The Henrico Board of Supervisors would have final authority to adopt the ordinance.
For details about the Henrico Planning Commission meeting and remote participation, click here.
