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Owensboro, KY Cannabis Regulations: Buffer Zones (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer distance
1,000 ft from schools and daycares
Measurement
Parcel boundary to parcel boundary
Applies to
Dispensaries, cultivators, processors, safety facilities
Variance
Not allowed; required by KRS
Cultivator zoning
A-R/A-U zones, unincorporated county only

Summary

In the City of Owensboro, medical cannabis businesses must clear a 1,000-foot buffer from any existing primary or secondary school or daycare for children. Appendix F Section 8.4, Notes 60(a) and 61(b) apply the same distance, measured in a straight line from parcel boundary to parcel boundary, to dispensaries and to cultivators, processors, producers, and safety compliance facilities alike. State law requires the separation, and the Board of Adjustment cannot waive it through a dimensional variance.

60.Medical cannabis dispensary shall comply with the following criteria:a.A medical cannabis dispensary shall not be located within one thousand feet (1,000') feet of an existing primary or secondary school or daycare for children as measured in a straight line from parcel boundary to parcel boundary. This separation is required by KRS and is not subject to relief by a dimensional variance. ... 61.Medical cannabis cultivator, processor, producer, and safety compliance facility shall comply with the following criteria: ... b.A medical cannabis cultivator, processor, producer or safety compliance facility shall not be located within one thousand feet (1,000') of an existing primary or secondary school or daycare for children as measured in a straight line from parcel boundary to parcel boundary. This separation is required by KRS and is not subject to relief by a dimensional variance.

Full Breakdown

Owensboro's medical cannabis buffer comes from the joint Owensboro-Daviess County Zoning Ordinance rather than a separate cannabis chapter of the Municipal Code, and it applies identically across every license type the Zoning Ordinance recognizes. Appendix F Section 8.4, Note 60(a) sets the rule for a medical cannabis dispensary: it cannot locate within 1,000 feet of an existing primary or secondary school or daycare for children, with the distance measured in a straight line from parcel boundary to parcel boundary rather than along a street or path. Note 61(b) repeats the identical 1,000-foot, boundary-to-boundary measurement for a medical cannabis cultivator, processor, producer, or safety compliance facility, so every stage of the licensed supply chain carries the same school and daycare setback.

Both notes state the separation is required by KRS and is not subject to relief by a dimensional variance, meaning the Owensboro Metropolitan Board of Adjustment cannot grant an exception even where a site is otherwise well suited to the use. A cultivator also faces its own zone limit under Note 61(a): cultivation is permitted only in the A-R and A-U agricultural zones, and only within unincorporated Daviess County, not inside the City of Owensboro's corporate limits. Because the buffer runs from parcel boundary to parcel boundary, an applicant measures from the edge of the school or daycare's own lot rather than from a building or playground, and the Zoning Administrator checks that distance against Daviess County property records before authorizing a permit.

Violations & Fines

A medical cannabis business proposed inside the 1,000-foot school or daycare buffer cannot receive a building permit or certificate of occupancy from the Zoning Administrator, and Notes 60(a) and 61(b) make clear the Board of Adjustment has no variance power to excuse it. Any permit issued in conflict with the buffer is void under Appendix F Section 5.12, and continuing operation in violation falls under the Owensboro Municipal Code's general penalty, Section 1-11: a fine of $25 to $500, with each day counted separately.

Frequently Asked Questions

How close can a medical cannabis dispensary be to a school in Owensboro?
No closer than 1,000 feet, measured in a straight line from the dispensary's parcel boundary to the school or daycare's parcel boundary. Appendix F Note 60(a) makes this separation mandatory because it is required by KRS, and the Owensboro Metropolitan Board of Adjustment cannot grant a dimensional variance to shrink the distance for any applicant.
Does the 1,000-foot school buffer apply to cannabis cultivators too?
Yes. Note 61(b) applies the identical 1,000-foot, parcel-boundary-to-parcel-boundary setback to medical cannabis cultivators, processors, producers, and safety compliance facilities, not just to dispensaries. A cultivator also faces its own zone limit under Note 61(a), permitted only in the A-R and A-U zones within unincorporated Daviess County.
Can the Board of Adjustment waive the cannabis school buffer for a good site?
No. Both Note 60(a) and Note 61(b) state the separation is required by KRS and is not subject to relief by a dimensional variance, so the Owensboro Metropolitan Board of Adjustment has no discretion to approve a cannabis site inside the 1,000-foot buffer regardless of the property's other qualities.

Sources & Official References

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