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Medical marijuana zoning set for special meeting

Jesse Hollett
Posted 7/5/17

ORANGE PARK – County and municipal governments have remained in a similar zoning holding pattern since the passage of Amendment 2 in early November due to uncertainties surrounding the …

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Medical marijuana zoning set for special meeting


Posted

ORANGE PARK – County and municipal governments have remained in a similar zoning holding pattern since the passage of Amendment 2 in early November due to uncertainties surrounding the implementation of medical marijuana.

With the passage of an implementation bill this past Florida Legislative session it is now up to local governments to decide whether they want to allow dispensaries to set up shop in their communities.

Orange Park’s Planning and Zoning Board will take up the issue in a special meeting July 13. The meeting is open to the public to share their comments.

“I think a lot of communities have been waiting for the state legislation to pass on this issue, so that they can have a better understanding of the parameters of medical marijuana dispensing facilities,” said Stephen Smith, director of economic and community development for the Town of Orange Park. “I suspect that these sorts of discussions and processes are happening throughout the state right now.”

The planning and zoning board will make a recommendation to the Town Council for discussion and an ultimate decision as to whether or not the town will allow dispensaries in the town limits.

Amendment 2 passed in Clay County with more than 70 percent approval. The bill that eventually landed on the governor’s desk provided a concrete list of qualifying conditions, market restrictions and use restrictions that included a ban on smokable marijuana.

Under Florida law, local governments have two options in their zoning – allow dispensaries, or ban them. From there, governments must zone dispensaries as they would zone any other pharmacy with the only exception being dispensaries cannot be within 500 feet of a school.

If the Town of Orange Park were to allow a dispensary within the town limits, then the town would both have facilities that can recommend the medicine and facilities that can dispense the medicine.

Many patients who would benefit from medical marijuana find themselves either transportation-challenged or with conditions that make it difficult to leave their homes.

Many municipal governments, including the Town of Orange Park, imposed temporary moratoriums on medical marijuana dispensaries in October. Cities and towns all across the state could soon lift those moratoriums as zoning boards parse through what zoning districts that could feasibly house dispensaries.

“Every city and county in the state is going through the process of how to apply the terms of the law to their unique circumstances, and that’s where we are right now,” said Sam Garrison, town attorney.

The decision to force municipalities to zone dispensaries as they would pharmacies within the language of the medical marijuana implementation bill has not set well with some in local government.

“I don’t want it in our community,” said Green Cove Springs Council Member Pamela Lewis at the June 20 council meeting.

The Green Cove Springs City Council will bring up the issue at its July 25 council meeting.