Connecticut: Commission Moves Toward Permitting Medical Marijuana

Jacob Redmond

Well-Known Member
Medical marijuana is a legitimate palliative drug used for serious diseases, a majority of the Planning and Zoning Commission has agreed, and allowing dispensaries and possibly production facilities in Ridgefield should be given a serious look.

"While there's no consensus that, yes, we want a regulation, there is a consensus that we want to take a longer look at having one," Commission Chairman Rebecca Mucchetti said.

The town's second one-year moratorium on marijuana facilities runs out in November.

The commission reached that consensus Tuesday night, Sept. 29, at the end of a far-ranging discussion that was guided in part by a 19-page packet of information put together by Town Planner Betty Brosius.

The State of Connecticut Department of Consumer Protection (DCP) has issued six licenses for dispensaries and four for production facilities, Brosius said.

"The State of CT DCP will be issuing three additional licenses for dispensaries from 19 applications submitted through mid-September of this year," she wrote.

"... During this second round of opening for additional licensing, the Town of Ridgefield received approximately three phone calls from vendors interested in locating a dispensary in the lower Fairfield County Region."

The closest operating dispensary is in Bethel, and Brosius shared what she'd learned talking with the Bethel town planner.

"The facility opened in early October 2014. In March 2015 the town planner reported that there were no complaints, no police reports, and there had been no impact on the neighborhood," Brosius said.

"The facility operates like a doctor's office or clinic, with scheduled appointments, resulting in low traffic volumes," she said.

"The planner offered to provide testimony as to the lack of noise, traffic, and impact of the operating use, and favorable remarks he has heard from patrons who have benefited from the service...

"The owner of this facility has been very interested in opening up a dispensary in Ridgefield," Brosius added.

Opinions All Over

Commission members offered a wide array of opinions on medical marijuana.

"The feds don't consider this a legal drug," said Commissioner George Hanlon.

"It's still a controlled substance," said Mucchetti. "If somebody's driving in a car with a bag of pot, they'll get arrested."

Brosius said the state attorney general had issued an opinion saying the state could establish its own marijuana regulations, despite the federal stance.

"It has to do with state powers versus federal powers," she said.

"I don't believe the state's on solid legal ground," said Commissioner Patrick Walsh, who is a practicing attorney.

Some commissioners were quite supportive of medical marijuana.

"I think it does a remarkable amount of good," John Katz said.

He didn't think the federal government's laws were a big problem.

"It really has been treated with benign neglect by government entities," he said.

"It really is a non-event, despite the feds continuing to say it's a controlled substance – as they do say."

Peter Chipouras, too, was in favor.

"I've known some older people who wish they did have it, some older people I know," he said.

Chairman Mucchetti sought to focus the discussion on the planning and zoning issues.

"What we're talking about is allowing – a regulation to allow – a facility to either grow it, or dispense it, in Ridgefield. And, where would we put it," she said.

"I think it's something to consider," said Chipouras. "I'm not opposed at all."

"I'd like us to leave our option open," said Joe Fossi.

Phil Mische noted that medical marijuana had been approved by the state for the treatment of serious diseases.

"Doctors have decided that this is a legal palliative drug," he said.

"... I'm very grateful I'm on the list of people who would be eligible to receive this."

"Medical marijuana does deal with major areas," Stephen Cole agreed.

"I'd be strongly supportive of moving ahead."

Given the state's stance, Fossi wondered if the town would even have grounds to turn down an application for a dispensary, under its current zoning regulations.

"If it's legal, and it's a retail operation, and we allow retail... " he said

Moratorium Ending

The commission's consensus to look at adopting a medical marijuana regulation came with the clock ticking down on a moratorium against applications to grow or dispense the drug in Ridgefield – a moratorium adopted in the fall of 2013, extended in fall 2014, and set to expire Nov. 7, 2015.

Medical marijuana became an issue for towns after August 2013 when the state adopted 76 pages of regulation to allow but control the production, sale and use of medical marijuana in Connecticut.

Brosius research showed that in addition to six towns with dispensaries, and four with production facilities, there were 10 towns that had regulations to allow, control or prohibit marijuana, as well as 12 towns – including Ridgefield – with moratoriums.

Commissioners voiced conflicting opinions on whether Ridgefield should follow the path of Bethel, with its operating dispensary, or Danbury, which won't allow any marijuana facilities on the grounds that the federal government considers the drug illegal.

The packet of information prepared by Brosius – which commissioners left the meeting with – included wording for two draft regulations that could be taken to public hearings as proposed amendments.

One draft regulation would allow medical marijuana dispensaries in B-1 retail commercial zones;

The second draft regulation would allow dispensaries and also medical marijuana production facilities in B-2 business zones along Route 7.

"You've got opinions all across the board," Brosius told the commission. "If you put forward regulations for public hearing, you still have the option of denying those regulations."

Mucchetti pushed for action.

"We should probably decide next week or the week after whether to extend the moratorium, or move forward with regulations," Mucchetti said.

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Full Article: Commission Moves Toward Permitting Medical Marijuana
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Photo Credit: Evelyn Hockstein/For The Washington Pos
Website: The Ridgefield Press
 
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