The General
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You may soon be able to get marijuana at a "pharmacy" in Westport. Or you may not. The Planning and Zoning Commission has adopted a one-year moratorium on the acceptance of applications or approval of permits from those who wish to sell or produce medical marijuana in town. The state of Connecticut, like 19 other states in the nation, has legalized the sale and production of marijuana for medical use under a tightly controlled series of laws, but it is up to each town to decide whether and under what circumstances it will welcome such dispensaries and producers within its borders. Those decisions will typically fall to the land use bodies because the state has declared that such facilities are allowed, but they must comply with local zoning regulations.
The moratorium, which was suggested by Town Attorney Ira Bloom and endorsed by Director of Planning and Zoning Larry Bradley, will give the Planning and Zoning Commission time to consider the new state law which took effect on Sept. 6. The commissioners intend to collect input from Westport citizens, evaluate what surrounding communities are doing, and eventually craft their own regulations.
Said Bloom, "Because this decision came up so quickly, many towns need time to think about it and decide what they want. A moratorium gives us time to review the issues and come up with appropriate legislation." Several towns have already passed moratoriums, such as New Canaan and Madison. Fairfield Planning and Zoning has turned down two applications already, including one from a Westport resident.
In an interview with the Minuteman, Bloom provided some background on the new law, which was issued by the Department of Consumer Protection. He said Connecticut regulations are far more restrictive than those of many of the other states which have passed the law, naming 11 debilitating conditions that would permit a Connecticut resident to qualify for medical marijuana use, including cancer, HIV/AIDS, Parkinson's disease, Crohn's disease, glaucoma, multiple sclerosis and epilepsy. Additional conditions can only be added through legislative action or a public petition which would have to be approved by a board of doctors.
Patients who qualify are granted one-year licenses to purchase medical marijuana, though each patient can purchase only up to a month's supply at a time. Unlike other states that have legalized medical marijuana, Connecticut mandates that the chemical makeup of every batch be tested to ensure consistency. Additionally, each batch will be labeled with the exac amount of its THC content. These restrictions were imposed to insure that the standard for medical marijuana use was equivalent to that for pharmaceuticals.
The many pros and cons of the new law will be up for discussion over the year ahead. Bloom said he is now researching whether a town can legally decide to completely prohibit the new law from taking effect within its borders. He cited the case of Riverside California, a town which passed a total ban on medical marijuana. "That decision was upheld in the California Supreme Court," he said. "Some towns have decided that they do want the operations. They believe the law serves a need and will bring in revenues," said Bloom, pointing to the town of West Haven which has already approved the dispensation of marijuana within its borders.
During the moratorium, it will be possible to see what is being done elsewhere, said Bloom. "What kind of regulations do towns want to craft? They can decide on anything from a complete ban to allowing medical marijuana to be sold or produced in certain areas. They can consider under what conditions, which would primarily be about location. For example, should there be restrictions such as distance from a school or a church?" Other issues exist as well. Despite the new state law, marijuana use is still illegal under federal law. "This is a legal issue," he said. "The Department of Justice has issued rulings that they will not prosecute if marijuana use is allowed under state law."
For those towns which decide they do wish to pass regulations permitting the sale and production of medical marijuana there can be other complications. "The state has indicated that there will be a limited number of dispensaries and producers," said Bloom. "The first licenses will be given out, but there may be a limit to dispensaries, and a definite limit to the number of producers." One interesting problem has emerged in some California towns which banned the new law completely. "Some towns are now dealing with local marijuana dispensaries that provide medical marijuana in mobile trucks. The vans are legal, even though the towns have banned producers and dispensaries from their regulations."
News Hawk - The General @ 420 MAGAZINE ®
Source: Minutemannewscenter.com
Author: Bonnie Adler
Contact: Minuteman News Center - Latest News, Sports, Opinion, Entertainment, Business, Life
Website: P&Z votes moratorium om medical marijuana facilities - Westport - Minuteman News Center
The moratorium, which was suggested by Town Attorney Ira Bloom and endorsed by Director of Planning and Zoning Larry Bradley, will give the Planning and Zoning Commission time to consider the new state law which took effect on Sept. 6. The commissioners intend to collect input from Westport citizens, evaluate what surrounding communities are doing, and eventually craft their own regulations.
Said Bloom, "Because this decision came up so quickly, many towns need time to think about it and decide what they want. A moratorium gives us time to review the issues and come up with appropriate legislation." Several towns have already passed moratoriums, such as New Canaan and Madison. Fairfield Planning and Zoning has turned down two applications already, including one from a Westport resident.
In an interview with the Minuteman, Bloom provided some background on the new law, which was issued by the Department of Consumer Protection. He said Connecticut regulations are far more restrictive than those of many of the other states which have passed the law, naming 11 debilitating conditions that would permit a Connecticut resident to qualify for medical marijuana use, including cancer, HIV/AIDS, Parkinson's disease, Crohn's disease, glaucoma, multiple sclerosis and epilepsy. Additional conditions can only be added through legislative action or a public petition which would have to be approved by a board of doctors.
Patients who qualify are granted one-year licenses to purchase medical marijuana, though each patient can purchase only up to a month's supply at a time. Unlike other states that have legalized medical marijuana, Connecticut mandates that the chemical makeup of every batch be tested to ensure consistency. Additionally, each batch will be labeled with the exac amount of its THC content. These restrictions were imposed to insure that the standard for medical marijuana use was equivalent to that for pharmaceuticals.
The many pros and cons of the new law will be up for discussion over the year ahead. Bloom said he is now researching whether a town can legally decide to completely prohibit the new law from taking effect within its borders. He cited the case of Riverside California, a town which passed a total ban on medical marijuana. "That decision was upheld in the California Supreme Court," he said. "Some towns have decided that they do want the operations. They believe the law serves a need and will bring in revenues," said Bloom, pointing to the town of West Haven which has already approved the dispensation of marijuana within its borders.
During the moratorium, it will be possible to see what is being done elsewhere, said Bloom. "What kind of regulations do towns want to craft? They can decide on anything from a complete ban to allowing medical marijuana to be sold or produced in certain areas. They can consider under what conditions, which would primarily be about location. For example, should there be restrictions such as distance from a school or a church?" Other issues exist as well. Despite the new state law, marijuana use is still illegal under federal law. "This is a legal issue," he said. "The Department of Justice has issued rulings that they will not prosecute if marijuana use is allowed under state law."
For those towns which decide they do wish to pass regulations permitting the sale and production of medical marijuana there can be other complications. "The state has indicated that there will be a limited number of dispensaries and producers," said Bloom. "The first licenses will be given out, but there may be a limit to dispensaries, and a definite limit to the number of producers." One interesting problem has emerged in some California towns which banned the new law completely. "Some towns are now dealing with local marijuana dispensaries that provide medical marijuana in mobile trucks. The vans are legal, even though the towns have banned producers and dispensaries from their regulations."
News Hawk - The General @ 420 MAGAZINE ®
Source: Minutemannewscenter.com
Author: Bonnie Adler
Contact: Minuteman News Center - Latest News, Sports, Opinion, Entertainment, Business, Life
Website: P&Z votes moratorium om medical marijuana facilities - Westport - Minuteman News Center
