FL: Palm Beach County Considers Moratorium On Medical Marijuana Centers

Katelyn Baker

Well-Known Member
Voters in Palm Beach County and across the state overwhelmingly approved a constitutional amendment allowing the use of medical marijuana, but the county is considering a one-year moratorium on dispensaries and treatment centers in its unincorporated areas.
Commissioners last week voted unanimously in favor of holding a public hearing Jan. 26 to give interested parties a chance to sound off on the proposed moratorium. The county staff had recommended holding the public hearing.

The idea, commissioners said, is not to go against the wishes of the voters. Nearly 75 percent of voters in Palm Beach County approved the constitutional amendment permitting the use of medical marijuana in Florida.

Instead, county officials said they simply want to be in a position to create fair rules for where dispensaries and treatment centers can be located in unincorporated parts of the county. They want to see what rules the Florida Legislature might set during its annual spring session so they can follow them when putting county procedures in place. But if lawmakers don't act by the session's end in May, the year-long moratorium would give the county time to develop its own plan.

Some commissioners expressed concern during their discussion Thursday about the length of the proposed moratorium.

"The voters spoke, and I don't think we should wait a whole year," Commissioner Mack Bernard said. "Waiting for a whole year is a long time before we can act."

But Assistant County Attorney Robert Banks said a shorter moratorium could put the county in a position of needing additional time before acting on zoning applications from would-be dispensaries and treatment centers.

Already, Banks said, he's hearing from people who want to open up shop in the county who have their own ideas on what the rules should be – rules that would give them an advantage over would-be competitors.

The moratorium would allow the county to see what the state does and craft its own rules rather than simply using a template suggested by those in the industry, Banks said.

"That's all we are trying to do – come up with fair, neutral regulations," he said.

Before the election, Indian River County already had some zoning rules in place regarding marijuana dispensaries and treatment centers, and commissioners in Palm Beach County initially argued that they, too, could act without waiting for the state.

"Let's get on with it," Commissioner Hal Valeche said.

Ultimately, commissioners decided to hold an initial public hearing on a moratorium.

During the push for passage of the constitutional amendment, people with various illnesses made impassioned pleas for permission to use marijuana. Some argued it was the only thing that effectively managed their pain.

Commissioners said they are mindful of those pleas.

"We have many people out there who would benefit from this sort of treatment," County Mayor Paulette Burdick said.

Florida is now among 26 states that have legalized marijuana in one way or another, according to Governing magazine. Florida's legalization is only for the medical use of marijuana, not for recreational use.

The push for legalization has largely been made at the state level, but eyes are now turning to Washington and the incoming administration of Donald Trump.

"The elephant in the room is what Washington will do," Commissioner Melissa McKinlay said.

Marijuana possession and use is still against federal law, and Trump has vowed to be a law-and-order president.

It's not clear, however, if that would include cracking down on the states that have passed laws permitting medicinal and even recreational use of pot.

As a candidate, Trump said the issue of medical marijuana should be decided by the states.

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Full Article: Palm Beach County Considers Moratorium On Medical Marijuana Centers
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