FL: Six-Month Hold Of Medical Marijuana Dispensaries Likely

Katelyn Baker

Well-Known Member
Bonita Springs City Council is set to halt any medical marijuana dispensaries for up to six months after passing a moratorium first reading Wednesday.

A one-year moratorium based on the Village of Estero's recent decision was shortened with an option to extend for another six months.

"We don't want to go against the will of the voters," Councilor Peter O'Flinn said. "What we're really doing is waiting to see what guidance we get from the state so we can properly put in place appropriate local zoning. I think we can do that in six months."

The polarizing topic drew support and dissent from citizens. A majority of residents who spoke supported medical marijuana, echoing the 71 percent of Florida voters who approved of the amendment.

Lorraine Fierro plans to open a dispensary in the area after all regulations are sorted out.

"I think this (moratorium) is great," she said. "You have to do this right. You can't put this in the hands of the wrong people."

The city's role is figuring out where the parts of a dispensary can be built based on zoning regulations. People can use medical marijuana with a license when the law takes effect January 3. The council already passed a resolution to treat smoking cannabis in public similarly to alcohol open container laws.

The Local Planning Agency also approved the six-month moratorium during a Thursday meeting.

While the city is focused on zoning regulations, Deborah Maclean said she was worried about standards dispensaries would place on their products.

"This is a medical venture, and it needs medical supervision," she said. "It needs pharmaceutical minds."

Unidentified or inaccurate dosing measures, such as incorrectly stating a cannabis plant's THC strength, was Maclean's main concern.

However, Butch Smith, who plans on being a licensed medical marijuana seller, said unknown dosage strengths is a non-issue.

"This is going to be tightly regulated, and this is very easily tested in a lab," he said. "Owners should have enough knowledge to give that person the right amount (of product) they need."

The first reading passed 8-1 with Councilor Greg DeWitt sole vote against the moratorium.

"I think it just adds a layer of bureaucracy that isn't necessary," he said. "We should use a moratorium if we run into problems later in the process."

Kathy McGrath asked councilors to expedite the process as quickly as possible and put themselves in the shoes of people in need of medical marijuana.

"If anyone in your family needed this medication, you'd be singing a different tune," she said. "Use all caution needed, but don't put roadblocks up.

The current moratorium, which is set for a second reading on Jan. 4, would limit dispensaries in the city up to six months. However, if council passed any related zoning ordinances prior to the end date, the memorandum would cease.

The possibility of zoning work-around is also a possibility, giving city officials another reason to hurry the process. A work-around involves someone submitting an application to open something like a medical supply store with a hidden agenda to sell medical marijuana, Community Development Director John Dulmer explained. Although City Council would ultimately have to approve such an application, it could cause unneeded discussion and argument.

Councilor Fred Forbes suggested bringing in an outside expert to assist in crafting any zoning regulations.

States like Colorado and California already have marijuana laws, and getting someone knowledgeable in the area is a great idea, Fierro said.

"People can get misinformation," she said. "It's a great idea to get a little more educated and research the situation."

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Full Article: Six-Month Hold Of Medical Marijuana Dispensaries Likely
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