MD: Amended Bill Would Allow Medical Marijuana In Ag Zones

Katelyn Baker

Well-Known Member
Frederick, Md. - The Frederick County Council on Tuesday passed an amendment to a bill that limits the growing of medical marijuana to greenhouses in areas zoned agriculture.

The amendment, put forth by M.C. Keegan-Ayer, vice president of the council, will result in the bill being subject to a public hearing in a few weeks.

The bill has generated controversy in Frederick County over whether growing medical marijuana can be an agricultural endeavor or just an industrial/commercial one.

"The amendment was important to our planning commission as they felt that the restrictions and additions needed to be in the bill in order for them to support it," Keegan-Ayer said. "It's not the bill per se that is so important. This gives our farmers the opportunity to compete with farmers around the state who are in competition to see if they can grow medical cannabis in an agricultural zone. It also allows them to have the opportunity to see if this works on a small scale before they decide to make a larger effort in the ag zone."

According to the Frederick News Post, Keegan-Ayer's amendment requires a special exception in the agricultural zone as well as a minimum lot area of 25 acres and setbacks from other properties.

The larger bill outlines requirements for security and lighting.

The state of Maryland received 147 applications and has issued 15 permits to grow medical marijuana, including several in Frederick County. The state law allows counties to regulate where medical marijuana can be grown through local zoning ordinances.

HMS Health LLC received a medical marijuana license from the state and is seeking to grow the crop at the farm of Larry Gude of Marker Road in Middletown.

The Frederick County Farm Bureau is one of the primary opponents to the bill.

"We just oppose the use of agricultural land for the use of medical marijuana," said Robert Ramsburg, president of Frederick Farm Bureau. "We don't think it is an agricultural crop. There is plenty of commercial and industrial land that is already zoned, so go ahead and grow it there."

Kevin Klink, who is in partnership with Gude, has been working on this zoning issue for more than a year.

"We have been fighting for the last year to get the County Council to approve the growing of medical cannabis in an agricultural zone," Klink said. "We had an agreement with the County Council until the Farm Bureau stood up against this. They (council) voted unanimously for us two weeks ago and they want to narrow the language to a greenhouse, which is fine with us as nobody wants to grow this outside due to cross-hybridization."

Klink and Gude want to grow the plants in existing greenhouses due to increased efficiencies.

"Once the system gets up and going, the people in the warehouses will be at a disadvantage as greenhouse growing is much more efficient," Klink said. "Not just reduced uses of water, power, but the natural light can't be ignored. Gude has been growing poinsettias and plants for over 100 years in the greenhouse. We can grow three times as many plants in the same space as a warehouse so that in our 67,000-square-foot greenhouse, we can grow the equivalent of a 200,000-square-foot warehouse with less cost."

Klink said the prices for ornamental plants have dropped recently and middle-sized farms are being squeezed by larger farms.

"Mr. Gude is trying to find an alternate source of revenue for the farm," he said. "I have a biotech company and I live next door. The majority of our neighbors have been in favor of it but there is a lot of misinformation out there. The fear mongering is unfounded as there will be no sales at the location. If you have chronic arthritis, PTSD, epilepsy, Alzheimer's or other diseases that have been proven to be helped by these compounds, why wouldn't you want to be in favor of this?"

Councilman Tony Chmelik raised concerns about the bill since it was limited to only those who had presented an application to the state last year rather than addressing future needs. He also questioned the benefits to the county as taxes would be lower in the ag zones.

"Business people are successful by not giving up. I am a businessman, not a user, and you can't just have a closed mind to this," Klink said. "We hope it (hearing) will be scheduled for the 20th of September and we hope we can get a vote that day. I am optimistic, but after a year of being in this, the pressure from the Farm Bureau has caused a couple of people to drop out and I take nothing for granted right now."

"This is growing a crop with a medicinal value," Keegan-Ayer said. "The whole reason I am pushing this is to give our farmers a chance to be competitive. Obviously we can grow it in an industrial zone, but can you grow it competitively in an agricultural zone?"

"We don't want to see productive ag land taken out of production to grow medical marijuana," Ramsburg said. "We are against this. As a 16-member board, we have voted upon it three or four times in the last several months, and it has been unanimous."

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Amended Bill Would Allow Medical Marijuana In Ag Zones
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