Jacob Redmond
Well-Known Member
Although it's just a matter of time before medical marijuana will be available in Maryland to qualified patients, members of the Carroll County Board of Commissioners are mulling whether to amend Carroll's 2014 Master Plan to prohibit the growing, processing and dispensing of the drug.
Current county zoning does allow for facilities involved in growing, processing and dispensing medical marijuana. But Commissioner Stephen Wantz, R-District 1, said he's "not sure we can do anything to prohibit them. The zoning is set up to allow that to happen, and that's huge."
But that hasn't stopped some of the commissioners from contemplating amending the master plan to prevent it.
The Natalie M. LaPrade Maryland Medical Cannabis Commission, which was formed by the state in 2013 to develop policies and regulations to make medical cannabis available to patients, voted unanimously Aug. 19 to adopt a set of state program regulations, bringing the eventual distribution of the drug for medicinal use in Carroll County and other parts of Maryland one step closer to reality. The state allows 15 licenses to grow marijuana, two dispensaries per senatorial district and an unlimited number of licenses for processors.
After he and several of the county commissioners attended the seminar, titled Medical Cannabis Comes to Maryland, at the Maryland Association of Counties Summer Conference earlier this month, Wantz said it was clear that the use of medical cannabis is a "hot-button topic in the state."
"The mindset, as you can imagine, is 'well, it's marijuana, so everyone is going to be sitting around smoking and it will lead to additional problems,' " Wantz said. "[The commission's] outlook is it will not lead to that and not necessarily smoking. There is a possible pill or liquid form [patients] can take, so they were focusing on how much it's not about sitting around smoking marijuana."
Commissioner Richard Weaver, R-District 2, said he was not overly impressed with the presentation.
"They didn't give a lot of solid facts on this," Weaver said. "Remember, everything you put in your body has an effect – both a positive and a negative effect – and it affects people differently. That's no different in this situation."
Commissioner Dennis Frazier, R-District 3, who also attended the MACO seminar, said it's not the commissioners' job to impede the availability of medical cannabis in the county.
"To be frank, if the state is setting up guidelines for licenses, it's not our job to stand in the way of it," Frazier said. "We need to monitor it as best as we can and see what happens. We shouldn't be obstructing the legitimate use of marijuana just because it's marijuana."
Amending County Zoning
Based on what is stipulated in the regulations, it would be permissible to grow marijuana in an Agriculture-zoned district. In fact, it would be allowed in any district because agriculture is listed as a principle use in all of Carroll's zoning districts, County Administrator Roberta Windham said.
A processing facility would be allowed in an Industrial-Restricted-zoned district, and it might even be possible in an Industrial-General district, Windham said.
It also appears as though a dispensary would be allowed in a Business-Neighborhood or a Business-General district, she said, because it would function as a drug store. Hannah Byron, executive director of the state commission, said "licenses will only be awarded to a dispensary operation that dispenses medical cannabis" – not a multipurpose drug store, such as a CVS or Walgreens.
Because of a change in law stemming from this year's legislative session, the commissioners may now amend or modify master plans, which is then implemented by a comprehensive rezoning process.
Wantz said he would be against the program gaining a toehold in Carroll.
"At this point, if I had to make a decision, I would be against processing or any place that gives it out," he said. "I'm certainly open, though, to hearing more, and more statistics, and from folks involved in the industry."
Phil Hager, director of the Department of Planning, said changing the master plan wouldn't have the force of law, but if they were to alter the master plan's land-use designations that correspond to the zoning districts that allow for these uses, they could potentially eliminate the possibility of a medical marijuana presence in Carroll.
"You could do this virtually at any time," Hager said. "The question then, of course, is it's an agricultural product and are we going to allow that?"
Frazier said people have brought the possibility of amending the master plan to his attention, but he believes the medical benefits outweigh any negative backlash.
"I've heard people say, 'well, why don't you change the zoning so we can't have that here?'" Frazier said. "Well, why? If it's a legitimate thing and it's helping people out, then why should we hinder them? It just has a bad tag because it's marijuana."
Wantz said there might come a time when he would consider amending the master plan to prohibit the medical marijuana industry from coming to Carroll – but not now.
"We just passed it [in February]," he said. "A year or two down the road I might consider, but if we are pressed into making a hard-line decision this certainly is an option."
He said he doubts it will come to that, as the "situation will take care of itself."
"There is going to probably be a good bit of outcry if indeed one of these facilities would begin to look at moving into Carroll and that may trump zoning," Wantz said.
Weaver said he would be hesitant to amend the master plan without the county's Planning and Zoning Commission first recommending such a change.
"We could change the master plan, true, but I wouldn't want to override the planning commission unless they made a recommendation to do that," he said. "They operate – are supposed to operate – nonpolitically, and I would be reluctant to override something on the master plan. If it came with their recommendation I would think about it, but without that I would not want to override their authority."
Impact Of Medical Cannabis Program
The Natalie M. LaPrade Maryland Medical Cannabis Commission has been developing its regulations for 18 months, said Byron. This is the second round of regulations released to the public. The first, which was published in January, received many substantive comments that were incorporated into the second set of regulations.
The public comment period for the newly adopted regulations closed July 27, Byron said.
Now that they have adopted these regulations, the medical cannabis program is on track to become operational by 2016 with the drug available to patients in 2017, Byron said. Applications for permits to grow, process and dispense the drug will be available online by Sept. 15. According to the state's approved regulations, the impact of the eventual growth, processing and dispensation of medical cannabis is wide-reaching yet unpredictable.
Economically, the program will bring a new industry to the state, imposing a high demand on certain services such as construction, security, laboratory testing and transport. It will also provide jobs to those areas where a medical marijuana facility chooses to locate. However, because it is difficult to estimate the number of qualified patients, estimates of cost and job creation are impossible to predict, according to the regulations.
"As this will be a new and growing industry in the state, it is expected that there to be a positive impact for small businesses through the creation of jobs in the industry," the regulations state. "As the program starts, there will be a cost to small businesses for licensing, security, construction, and other startup costs. The Commission cannot estimate the exact impact at this time."
Weaver said he doubts the industry will prove to be lucrative.
The costs established by the state commission to obtain a grower-only license include a $6,000 application fee and an annual licensing fee of $125,000. A license to both grow and dispense has an $11,000 application fee and a $165,000 annual licensing price tag. A license only to process will include a $6,000 application fee, while a dispensary-only license will have a $5,000 application fee, and both will cost a business $40,000 annually to renew the permit.
"People are looking at this as a way to make a fortune, and I don't think that's going to be the case," Weaver said. "There is a federal law that says these businesses can't write off labor and other things, and it's going to be so overtaxed, and it takes so much to produce it that they will break even. With all the regulations and cost of security, I think people are not going to be quite so anxious to get involved."
The regulations also outline an unknown impact to the public because the commission cannot determine with any certainty the number of qualified patients or caregivers who will apply for medical marijuana, nor can it determine the general impact on the rest of the population.
Wantz said contrary to what many – including himself – thought about the possibility that the dispensing of medical marijuana could lead to a worsening of the drug epidemic facing the state, statistics show otherwise.
"People perceive it to be something that will lead to more crime and they have statistics to show they do not," he said. "States with medical cannabis laws have a 24.8 percent lower annual opioid overdose rate than those without. Several [officials] stood up and said they are ready, bring it here, and are hoping to get to the top of the permit list."
The MACO seminar also addressed the screening process that patients will need to go through in order to qualify for medicinal marijuana, Wantz said.
"It will be highly regulated, and folks trying to get this for medical purposes will go through several screening processes and it won't be as simple as walking up and buying it because you have a headache today," he said.
The commission was able to estimate that it will take $2 million to $3 million to fund its operations annually but could not determine the possible cost to other state and local agencies.
The proposed regulations set limitations on the drug's use that are in keeping with state law. Qualified patients will still be prohibited from operating vehicles while under its influence, from smoking in a public facility or location, and from undertaking any task while under the influence when doing so would constitute negligent behavior.
Commissioners Sift Through Debate
Wantz said he still has many questions regarding the program's implementation.
"No. 1, I can't imagine what would be involved in order to protect these facilities. Barring razor wire and armed guards with M-16s, I'm concerned about security, especially in the processing facilities," Wantz said.
He said he suspects that the cost to secure such facilities would be immense, and the question then arises: Would the county and its municipalities have to increase its funding to law enforcement to ensure the safety of employees and the security of the product?
Although the MACO seminar provided information regarding the supposed medicinal uses of cannabis, he is still "on the fence" regarding its actual value to patients.
"I know it is an alternative to painkillers, but in my mind, they are kind of the same thing," Wantz said. "The first thing prescribed to you is something like oxycodone and will this take the place of that and will it work better? These questions I did not hear answers to."
Even if these concerns are alleviated, Wantz said, many residents of Carroll would speak out against a proposed farm, a processing facility or a dispensary in their neighborhoods.
"I'm certain that if someone did do that you'd hear quite a bit because that would be something that would be an interest to everyone and everywhere in this county," he said.
Commissioner Richard Rothschild, R-District 4, said that while it makes sense to use cannabis for medical purposes, he fears this will put the state on the path to total legalization.
"We were assured it would only be used for medical purposes, but it will lead to incremental, full and total legalization of the drug, and that I oppose," Rothschild said.
Weaver said he has mixed feelings on the issue and questions the program's staying power.
"Like anything else, it seems like a fad, and I'm not sure if this will be worth it," he said. "I think it will go to the wayside eventually."
While medical cannabis might be beneficial to patients with serious illnesses, the driving force behind the state's push for the creation of the program is the additional revenue, he said.
"The state is looking at this from a revenue side only," Weaver said. "It's all about tax dollars. I think it gets taxed two or three times before it's available for production, so they are looking at this as a revenue source. My view is as Carroll's: Let them go elsewhere with this."
Frazier disagreed with Weaver's assessment and said a better use of Carroll's time would be to prepare for this, not fight against it.
"It's not going to go by the wayside," Frazier said. "What I'm hearing is the federal government will say it's OK, and when that happens all the states will jump on it.
"It's coming. Get ready for it."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Medical Cannabis in Carroll - Carroll County Times
Author: Wiley Hayes
Contact: Wiley.hayes@carrollcountytimes.com
Photo Credit: The Associated Press
Website: Carroll County Times: Carroll County breaking news, sports, business, entertainment, weather - Carroll County Times
Current county zoning does allow for facilities involved in growing, processing and dispensing medical marijuana. But Commissioner Stephen Wantz, R-District 1, said he's "not sure we can do anything to prohibit them. The zoning is set up to allow that to happen, and that's huge."
But that hasn't stopped some of the commissioners from contemplating amending the master plan to prevent it.
The Natalie M. LaPrade Maryland Medical Cannabis Commission, which was formed by the state in 2013 to develop policies and regulations to make medical cannabis available to patients, voted unanimously Aug. 19 to adopt a set of state program regulations, bringing the eventual distribution of the drug for medicinal use in Carroll County and other parts of Maryland one step closer to reality. The state allows 15 licenses to grow marijuana, two dispensaries per senatorial district and an unlimited number of licenses for processors.
After he and several of the county commissioners attended the seminar, titled Medical Cannabis Comes to Maryland, at the Maryland Association of Counties Summer Conference earlier this month, Wantz said it was clear that the use of medical cannabis is a "hot-button topic in the state."
"The mindset, as you can imagine, is 'well, it's marijuana, so everyone is going to be sitting around smoking and it will lead to additional problems,' " Wantz said. "[The commission's] outlook is it will not lead to that and not necessarily smoking. There is a possible pill or liquid form [patients] can take, so they were focusing on how much it's not about sitting around smoking marijuana."
Commissioner Richard Weaver, R-District 2, said he was not overly impressed with the presentation.
"They didn't give a lot of solid facts on this," Weaver said. "Remember, everything you put in your body has an effect – both a positive and a negative effect – and it affects people differently. That's no different in this situation."
Commissioner Dennis Frazier, R-District 3, who also attended the MACO seminar, said it's not the commissioners' job to impede the availability of medical cannabis in the county.
"To be frank, if the state is setting up guidelines for licenses, it's not our job to stand in the way of it," Frazier said. "We need to monitor it as best as we can and see what happens. We shouldn't be obstructing the legitimate use of marijuana just because it's marijuana."
Amending County Zoning
Based on what is stipulated in the regulations, it would be permissible to grow marijuana in an Agriculture-zoned district. In fact, it would be allowed in any district because agriculture is listed as a principle use in all of Carroll's zoning districts, County Administrator Roberta Windham said.
A processing facility would be allowed in an Industrial-Restricted-zoned district, and it might even be possible in an Industrial-General district, Windham said.
It also appears as though a dispensary would be allowed in a Business-Neighborhood or a Business-General district, she said, because it would function as a drug store. Hannah Byron, executive director of the state commission, said "licenses will only be awarded to a dispensary operation that dispenses medical cannabis" – not a multipurpose drug store, such as a CVS or Walgreens.
Because of a change in law stemming from this year's legislative session, the commissioners may now amend or modify master plans, which is then implemented by a comprehensive rezoning process.
Wantz said he would be against the program gaining a toehold in Carroll.
"At this point, if I had to make a decision, I would be against processing or any place that gives it out," he said. "I'm certainly open, though, to hearing more, and more statistics, and from folks involved in the industry."
Phil Hager, director of the Department of Planning, said changing the master plan wouldn't have the force of law, but if they were to alter the master plan's land-use designations that correspond to the zoning districts that allow for these uses, they could potentially eliminate the possibility of a medical marijuana presence in Carroll.
"You could do this virtually at any time," Hager said. "The question then, of course, is it's an agricultural product and are we going to allow that?"
Frazier said people have brought the possibility of amending the master plan to his attention, but he believes the medical benefits outweigh any negative backlash.
"I've heard people say, 'well, why don't you change the zoning so we can't have that here?'" Frazier said. "Well, why? If it's a legitimate thing and it's helping people out, then why should we hinder them? It just has a bad tag because it's marijuana."
Wantz said there might come a time when he would consider amending the master plan to prohibit the medical marijuana industry from coming to Carroll – but not now.
"We just passed it [in February]," he said. "A year or two down the road I might consider, but if we are pressed into making a hard-line decision this certainly is an option."
He said he doubts it will come to that, as the "situation will take care of itself."
"There is going to probably be a good bit of outcry if indeed one of these facilities would begin to look at moving into Carroll and that may trump zoning," Wantz said.
Weaver said he would be hesitant to amend the master plan without the county's Planning and Zoning Commission first recommending such a change.
"We could change the master plan, true, but I wouldn't want to override the planning commission unless they made a recommendation to do that," he said. "They operate – are supposed to operate – nonpolitically, and I would be reluctant to override something on the master plan. If it came with their recommendation I would think about it, but without that I would not want to override their authority."
Impact Of Medical Cannabis Program
The Natalie M. LaPrade Maryland Medical Cannabis Commission has been developing its regulations for 18 months, said Byron. This is the second round of regulations released to the public. The first, which was published in January, received many substantive comments that were incorporated into the second set of regulations.
The public comment period for the newly adopted regulations closed July 27, Byron said.
Now that they have adopted these regulations, the medical cannabis program is on track to become operational by 2016 with the drug available to patients in 2017, Byron said. Applications for permits to grow, process and dispense the drug will be available online by Sept. 15. According to the state's approved regulations, the impact of the eventual growth, processing and dispensation of medical cannabis is wide-reaching yet unpredictable.
Economically, the program will bring a new industry to the state, imposing a high demand on certain services such as construction, security, laboratory testing and transport. It will also provide jobs to those areas where a medical marijuana facility chooses to locate. However, because it is difficult to estimate the number of qualified patients, estimates of cost and job creation are impossible to predict, according to the regulations.
"As this will be a new and growing industry in the state, it is expected that there to be a positive impact for small businesses through the creation of jobs in the industry," the regulations state. "As the program starts, there will be a cost to small businesses for licensing, security, construction, and other startup costs. The Commission cannot estimate the exact impact at this time."
Weaver said he doubts the industry will prove to be lucrative.
The costs established by the state commission to obtain a grower-only license include a $6,000 application fee and an annual licensing fee of $125,000. A license to both grow and dispense has an $11,000 application fee and a $165,000 annual licensing price tag. A license only to process will include a $6,000 application fee, while a dispensary-only license will have a $5,000 application fee, and both will cost a business $40,000 annually to renew the permit.
"People are looking at this as a way to make a fortune, and I don't think that's going to be the case," Weaver said. "There is a federal law that says these businesses can't write off labor and other things, and it's going to be so overtaxed, and it takes so much to produce it that they will break even. With all the regulations and cost of security, I think people are not going to be quite so anxious to get involved."
The regulations also outline an unknown impact to the public because the commission cannot determine with any certainty the number of qualified patients or caregivers who will apply for medical marijuana, nor can it determine the general impact on the rest of the population.
Wantz said contrary to what many – including himself – thought about the possibility that the dispensing of medical marijuana could lead to a worsening of the drug epidemic facing the state, statistics show otherwise.
"People perceive it to be something that will lead to more crime and they have statistics to show they do not," he said. "States with medical cannabis laws have a 24.8 percent lower annual opioid overdose rate than those without. Several [officials] stood up and said they are ready, bring it here, and are hoping to get to the top of the permit list."
The MACO seminar also addressed the screening process that patients will need to go through in order to qualify for medicinal marijuana, Wantz said.
"It will be highly regulated, and folks trying to get this for medical purposes will go through several screening processes and it won't be as simple as walking up and buying it because you have a headache today," he said.
The commission was able to estimate that it will take $2 million to $3 million to fund its operations annually but could not determine the possible cost to other state and local agencies.
The proposed regulations set limitations on the drug's use that are in keeping with state law. Qualified patients will still be prohibited from operating vehicles while under its influence, from smoking in a public facility or location, and from undertaking any task while under the influence when doing so would constitute negligent behavior.
Commissioners Sift Through Debate
Wantz said he still has many questions regarding the program's implementation.
"No. 1, I can't imagine what would be involved in order to protect these facilities. Barring razor wire and armed guards with M-16s, I'm concerned about security, especially in the processing facilities," Wantz said.
He said he suspects that the cost to secure such facilities would be immense, and the question then arises: Would the county and its municipalities have to increase its funding to law enforcement to ensure the safety of employees and the security of the product?
Although the MACO seminar provided information regarding the supposed medicinal uses of cannabis, he is still "on the fence" regarding its actual value to patients.
"I know it is an alternative to painkillers, but in my mind, they are kind of the same thing," Wantz said. "The first thing prescribed to you is something like oxycodone and will this take the place of that and will it work better? These questions I did not hear answers to."
Even if these concerns are alleviated, Wantz said, many residents of Carroll would speak out against a proposed farm, a processing facility or a dispensary in their neighborhoods.
"I'm certain that if someone did do that you'd hear quite a bit because that would be something that would be an interest to everyone and everywhere in this county," he said.
Commissioner Richard Rothschild, R-District 4, said that while it makes sense to use cannabis for medical purposes, he fears this will put the state on the path to total legalization.
"We were assured it would only be used for medical purposes, but it will lead to incremental, full and total legalization of the drug, and that I oppose," Rothschild said.
Weaver said he has mixed feelings on the issue and questions the program's staying power.
"Like anything else, it seems like a fad, and I'm not sure if this will be worth it," he said. "I think it will go to the wayside eventually."
While medical cannabis might be beneficial to patients with serious illnesses, the driving force behind the state's push for the creation of the program is the additional revenue, he said.
"The state is looking at this from a revenue side only," Weaver said. "It's all about tax dollars. I think it gets taxed two or three times before it's available for production, so they are looking at this as a revenue source. My view is as Carroll's: Let them go elsewhere with this."
Frazier disagreed with Weaver's assessment and said a better use of Carroll's time would be to prepare for this, not fight against it.
"It's not going to go by the wayside," Frazier said. "What I'm hearing is the federal government will say it's OK, and when that happens all the states will jump on it.
"It's coming. Get ready for it."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Medical Cannabis in Carroll - Carroll County Times
Author: Wiley Hayes
Contact: Wiley.hayes@carrollcountytimes.com
Photo Credit: The Associated Press
Website: Carroll County Times: Carroll County breaking news, sports, business, entertainment, weather - Carroll County Times
