Politics

County orders hemp retailers to stay at least a mile away from schools

Apotheca Cannabis Dispensary plans to open at 924 Asheville Highway, across from Hendersonville High School.

By Bill Moss, Published: November 26, 2024

The popup of a hemp dispensary across the road from Hendersonville High School got the attention of the Henderson County Board of Commissioners — and not in a way vape retailers would wish for.

Commissioners voted unanimously last week to impose strict limits on tobacco and hemp stores, barring the retail businesses within 5,000 feet of any public, charter or private school.

Commissioners expressed concerns that vape and cannabis outlets are targeting young people with their store locations, and they got support for that from a state expert on the subject.

Lani Callison, regional tobacco prevention and cessation manager for the state Health and Human Services Department, rose during a public hearing to endorse the zoning code amendment.

“One in four high school students vape. Nine out of 10 use flavors,” she said. “There are now 8,000 flavors that youth use. (Retailers) know who they are marketing to. It is to youth. They have an endless bombardment of social media to youth. Dispensaries can ‘geofence’ to a youth phone. They know where the youth is, how often they are close to a vape shop or nicotine or tobacco retailer.

“The more retailers there are, the greater chance of both middle school, high school, within a 12 month period, to pick up the addiction” to nicotine, THC or other harmful chemicals, she said.

Callison shared a story from a school principal in another county, who told her about a vaping situation that incapacitated eight students.

“They thought that there was opioids involved,” she said. “All the kids had to go to the hospital. And when they tested the vapes, it was THC and nicotine. The nicotine in a vape is 500 times higher than a pack of cigarettes.”

Countywide regulation?

While they offered no evidence that the Apotheca Cannabis Dispensary, which is “coming soon” to 924 Asheville Highway, chose the location to specifically target minors, commissioners clearly were alarmed at the possibility.

Commissioner Michael Edney suggested that the board direct the county public health department to draft regulations on vape stores that would apply countywide. (The new county ordinance would not apply to the new Apotheca dispensary because HHS is in the city limits.)

“Let the health department address it as a health concern, and it won’t matter whether it’s across Hendersonville High School or across from North or Edneyville or somewhere else,” he said. “We can only do unincorporated areas. Health Department can do everything. That’s why I’m saying let them do it as opposed to us do it.”

Assistant County Manager Christopher Todd chimed in with advice via text from County Attorney Russ Burrell, who was following the meeting remotely.

“In summary, what he says is health deals with actions, not with locations,” Todd said. “Where these facilities could be placed is not something that the health department, he believes, has the authority to regulate.”

Other commissioners emphasized the need to act now because new stores could pop up at any time.

“I’m a free market guy,” Commissioner Daniel Andreotta said. “I’m a government-stay-out-of-business guy. This is different for me. They’re not so much popping up near the gated retirement communities or the assisted living communities, but they are popping up (where) the (store) lights are going to rival ‘Friday night lights’ at Hendersonville High School football games.

“These devices — absolutely any chemical or substance on this planet can be put in them and disseminated from them, fentanyl, whatever it is, and that is dangerous,” he said. “It is Russian roulette with these devices.”

Although the county planning staff and planning board proposed a 1,000-foot separation between vape stores and schools and other vape stores, commissioners bid that up to almost a mile.

“I do feel strongly about this issue, and I don’t think a thousand feet is enough,” board Chair Rebecca McCall said. “It should at least be half a mile, in my mind. It shouldn’t even be within sight of the school, No. 1.”

Commissioner Bill Lapsley doubled the distance again; his motion to amend the zoning code requires a 5,000-foot separation. The motion was adopted unanimously.

McCall said the vaping trend calls for a wider crackdown.

“I would hope that our legislators are talking about this in Raleigh and trying to do something from that end because there’s only so much we can do on our end," she said.