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Lower Paxton, PA Cannabis Regulations: Dispensary Zoning (2026)

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

Key Facts

Approval type
Permitted conditional use, Board of Supervisors
State compliance
Facility regulations in § 802 of the Medical Marijuana Act
District standard
Same land use requirements as other commercial facilities
Towne Centre District
Medical marijuana facilities listed as prohibited, § 203-309
Board decision deadline
Within 45 days after the last hearing
Approval expiration
12 months without a permit application

Summary

Lower Paxton Township, Dauphin County, treats a medical marijuana dispensary as a permitted conditional use under § 203-618, decided by the Board of Supervisors after a public hearing. The applicant must show compliance with § 802 of the Medical Marijuana Act, and the dispensary must meet the same land use requirements as other commercial facilities in its underlying district.

A. A medical marijuana dispensary shall be a permitted conditional use subject to the following express minimum standards and criteria: (1) The applicant shall demonstrate compliance with all facility regulations in § 802 of the Medical Marijuana Act,[1] as amended (Act 16, Pennsylvania Law 84, No. 16). ... (2) The dispensary shall meet the same land use requirements as other commercial facilities that are located in the underlying district.

Full Breakdown

Section 203-618 is the Township's zoning rule for medical marijuana dispensaries, and it covers medical marijuana only. The chapter defines a medical marijuana dispensary as the use of premises by a person or entity holding a permit issued by the Commonwealth of Pennsylvania Department of Health to dispense medical marijuana under the Medical Marijuana Act, and it defines a medical marijuana grower/processor as a separate use. Paragraph (1) requires the applicant to demonstrate compliance with all facility regulations in § 802 of that Act. Paragraph (2) says the dispensary shall meet the same land use requirements as other commercial facilities located in the underlying district, so setbacks, parking, signs, and buffers follow the commercial rules of the district where the site sits.

Because the use is conditional, the Board of Supervisors decides it, not the Zoning Hearing Board. Under § 203-600, the application goes to the Zoning Officer no less than four weeks or 28 days before the regular Planning Commission meeting and includes a development plan, a written statement showing compliance with the express standards, a map of all lots within 200 feet with owner names and addresses from the Dauphin County Tax Assessor's office, a traffic impact analysis if required, and the fee from the Township's Fee Schedule. The Township certifies the application complete or rejects it as incomplete within seven working days. The Board waits for a Planning Commission recommendation or 30 days, holds a public hearing, and decides within 45 days after the last hearing, and it can attach reasonable conditions and safeguards.

Section 203-601 adds general tests: the use must not alter the established character of the neighborhood and cannot hurt the neighbors through noise, illumination, glare, or traffic. Approval expires automatically if no grading permit, building permit, or zoning certificate application is filed within 12 months, subject to extensions of one to 12 months. The Towne Centre District, in § 203-309(B)(3), lists medical marijuana facilities among its prohibited uses.

Violations & Fines

Violating a condition the Board of Supervisors attaches to a conditional use breaks the zoning chapter under § 203-1205(B)(5). A civil judgment under § 203-1205(E)(1) is not more than $500 plus court costs and the Township's reasonable attorney's fees, and each day of continuing violation counts separately. The Board of Supervisors can also seek court action to prevent, restrain, correct, or abate the use.

Frequently Asked Questions

Is a medical marijuana dispensary allowed in Lower Paxton Township?
Yes, as a permitted conditional use under § 203-618. The Board of Supervisors decides the application after a Planning Commission recommendation and a public hearing. The applicant must show compliance with § 802 of the Medical Marijuana Act, and the use must meet the land use requirements of other commercial facilities in the underlying district.
Which body approves a dispensary in Lower Paxton Township?
The Board of Supervisors, under § 203-600(A), hears and decides conditional use requests. The Zoning Officer receives the application, the Planning Commission reviews it first, and the Board must decide within 45 days after the last hearing. The Board can attach reasonable conditions and safeguards beyond those in the chapter.
Can a dispensary go in the Towne Centre District?
No. Section 203-309(B)(3) lists medical marijuana facilities among the prohibited uses in the Towne Centre District, along with drive-through facilities, vehicle sales, service, or repair establishments, and gasoline stations. A dispensary in Lower Paxton Township needs a district where the conditional use is authorized.
How long does a conditional use approval last?
Under § 203-600(G), approval expires automatically, without written notice, if no application for a grading permit, building permit, or zoning certificate is submitted within 12 months. The Board of Supervisors can extend it on written request received before expiration, for a period of one month to 12 months.

Sources & Official References

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