Regulation of Consumable Hemp and Smoking-Related Retail in Arlington

The City of Arlington Unified Development Code does not explicitly list or permit "cannabis dispensaries" or "cannabis delivery services" for high-THC products. The City of Arlington Unified Development Code does regulate "Tobacco, E-cigarettes, CHP, or Non-traditional Smoking-related Retail Stores," which include products containing cannabidiol (CBD) and up to 0.3 percent THC. These specific retail establishments are permitted only in non-residential districts such as Community Commercial (CC) and Light Industrial (LI), subject to a 1.5-mile separation from similar stores and a 1,500-foot buffer from protected uses like schools and parks.

Permitted Zoning Districts for Consumable Hemp Products (CHP)

While the City of Arlington Unified Development Code does not provide for high-THC cannabis dispensaries, it defines "Consumable Hemp Products (CHP)" as products containing hemp, including CBD oil and THC edibles or drinks, provided the THC concentration does not exceed 0.3 percent [Section 12.7.1]. Establishments selling these products are classified under "Tobacco, E-cigarettes, CHP, or Non-traditional Smoking-related Retail Store" [Section 12.3.3].

According to the City of Arlington Unified Development Code Table of Allowed Uses, this specific use is permitted in the following districts:

Use Category	Use Type	CC	GC	HC	LI	IM	NMU
Retail (Sales)	Tobacco, e-cigarettes, CHP, or non-traditional smoking-related retail store	P*	P*	P*	P*	P*	P*

Note: "P" indicates the use is permitted by right subject to supplemental use standards [Section 3.1.2].*

Supplemental Standards and Location Requirements

Retailers in the City of Arlington selling Consumable Hemp Products or non-traditional smoking materials must adhere to strict distance and separation requirements to ensure compatibility with the surrounding community.

Separation and Buffer Requirements

The City of Arlington Unified Development Code establishes the following technical distance standards for these retail stores:

Requirement Type	Minimum Distance Standard
Separation from existing similar retail stores	1.5 miles (measured lot line to lot line)
Buffer from protected uses (Schools, Churches, Parks, etc.)	1,500 feet (measured lot line to lot line)

Protected uses include elementary schools, secondary schools, churches, daycares, healthcare facilities, places of worship, parks, and playgrounds [Section 3.2.3.I.8].

Presumption of Use

Any establishment in the City of Arlington that advertises or displays these products (including through internet advertising or business naming) is presumed by the City of Arlington Unified Development Code to be a specialized retailer subject to these standards if more than 10 percent of its sales or floor space is dedicated to such products [Section 12.3.3.K.14].

Cannabis Delivery Services

The City of Arlington Unified Development Code is silent regarding specific delivery services for cannabis or hemp-related products. While "Wholesale Distribution and Storage" is a permitted use category in Industrial and some Mixed-Use districts [Table 3.1-2], and "Restaurant, take-out and delivery only" is defined for food services [Section 12.3.3.E.4], there is no established use type or regulation for the mobile delivery of hemp or smoking-related products to consumers within the City of Arlington.

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