Tuesday 1 November 2016

Clay commission moves toward potential medical marijuana moratorium

By Teresa Stepzinski

Green Cove Springs | The Clay County Commission, following the lead of Orange Park and Green Cove Springs city officials, is moving toward imposing a proposed temporary moratorium on medical marijuana dispensaries and treatment centers that might want to open in unincorporated areas of Clay County should voters statewide pass Amendment 2 in the Nov. 8 general election.

If approved, Amendment 2 would expand the medical use of marijuana statewide for people with debilitating medical conditions. The state amendment also would authorize licensed businesses in Florida to acquire, produce and distribute marijuana for medical purposes. Amendment 2 is similar to a 2014 state constitutional amendment that failed because it didn’t meet the 60 percent approval threshold from voters.

Meanwhile, the Florida Department of Health recently established the Office of Compassionate Use to begin implementing a state law authorizing the prescribing and distribution of low–THC cannabis or medical cannabis for some patients diagnosed with serious, life–threatening medical conditions.

Clay County commissioners agreed Oct. 25 to have County Attorney Courtney Grimm draw up a proposed county ordinance imposing a temporary one-year moratorium on the operating of medical marijuana dispensaries and treatment centers in the county’s unincorporated areas. Grimm recommended the action.

“Our understanding is if Amendment 2 passes that it will take effect in January but already built in is a six-month period for the Office of Compassionate Use, that the state has set up, to have six months to come up with their own regulations. So there will be time built in,” Grimm told the commission.
“Stub my toe, I need a joint,” commission Chairwoman Diane Hutchings joked amid the discussion of Amendment 2’s expansion of the use of medical marijuana.

Commissioner Wayne Bolla asked whether the county would be able to keep out medical marijuana dispensaries and treatment centers if Amendment 2 passes.

Hutchings replied “no, if the [statewide] vote passes, we’ve got to have regulations.”

Bolla then said “but we’d be able to tax the bejesus out of them, right?”

Grimm said the state has authorized only six medical marijuana producers in Florida at this time. The state has not determined as yet whether it will authorize other medical marijuana growers, she also said.

“So it will be those six entities that will be looking for individual dispensaries in our county,” Grimm explained.

Amendment 2 is similar to a 2014 state constitutional amendment that failed because it didn’t meet the 60 percent approval threshold.

Clay historically is among the most conservative counties in Florida. However, 65 percent of Clay County voters said “yes” to approving medical marijuana in 2014, election records show.

“I think like the staff said you all definitely need a moratorium while you figure out what you’re going to do with it …,” commission Vice Chairman Ronnie Robinson said.

Neither Clay County, Orange Park, Green Cove Springs, Keystone Heights currently have land–use or zoning regulations addressing medical marijuana treatment centers or dispensaries. County and Green Cove Springs officials have said they’ve received general inquiries about what zoning district would accommodate such a business in their jurisdictions.

“We have had inquires from someone about six months ago …” Ed Lehman, county Planning and Zoning Division director, told the commission. That inquiry was about a potential location in Keystone Heights, he said.

“I think they went away but we are starting to get calls about this. So I do think we need to get some locational criteria …,” said Lehman, noting some neighboring communities either have or are considering similar temporary moratoriums.

Orange Park Town Council on Oct. 18 became the first municipality in Clay County to impose a one-year temporary moratorium on those establishments. The council voted unanimously to pass an ordinance that would take effect if Amendment 2 passes.

Green Cove Springs City Council will hold its final public hearing then could vote on a similar ordinance at its Nov. 15 meeting, City Clerk Julie Clevinger said.

Town and city officials said the moratorium will allow their municipalities to develop land use and zoning regulations governing medical marijuana dispensaries and treatment centers should Amendment 2 pass, and those establishments want to set up shop in their communities.

Keystone Heights as yet hasn’t moved forward with such a measure.

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