The General
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Illinois - Just as Naperville's planning and zoning commissioners did not all agree on issues related to the regulation of medical marijuana in Naperville, city councilmen have differing viewpoints on a proposed ordinance presented for their consideration. The Compassionate Use of Medical Cannabis Pilot Program Act takes effect Jan. 1 throughout the state. Naperville city lawmakers are taking advantage of their option to impose further restrictions should a dispensary or cultivation center seek to open in town.
Following two rounds of changes to the proposed ordinance, the Planning and Zoning Commission recommended Nov. 20 that medical marijuana facilities be required to have "conditional use" permits, that they not be limited to industrial areas, that dispensaries be allowed to have drive-up windows and that no more than 10 percent of the floor space be devoted to the retail sale of smoking accessories. At the first reading of the proposed ordinance on Dec. 2, three of the eight councilmen said the facilities should only be allowed in industrial areas.
"I still think that having them in an industrial area with permitted use versus conditional use would be a better way for us to go," said Councilman Steve Chirico. "That way, there is a specific area where these facilities can open, and we don't have to come back and go through the whole process each time there's a new applicant." A proposed medical marijuana facility would need to comply with a given set of regulations for a permitted use, whereas a conditional use permit could be considered more restrictive because it is granted only after individual consideration and approval by the Planning and Zoning Commission and City Council.
In opposition to the proposed ordinance, four councilmen expressed doubt that dispensaries should be permitted to have drive-through facilities. "Is there a medical necessity to have a drive through?" asked Councilman Grant Wehrli. "If there's a solid rationale, from a medical standpoint, I'd like to know. But shouldn't those people not be driving anyway?" A staff member responded that medical marijuana patients have caregivers who are authorized to pick up prescriptions. Council member Judith Brodhead questioned why drive-up windows for medical marijuana dispensaries would be permitted under the proposed ordinance.
"We originally proposed that drive-throughs be prohibited at the dispensing facilities," said Planning Operations Manager Allison Laff. "I think some plan commissioners just felt if pharmacies have drive-throughs, it would be appropriate to allow them." "I don't know why any of us should take any position on (drive-throughs)," said Chirico. "I think the market can figure out that part. It can be resolved by what works within the business environment." Councilman Robert Fieseler asked whether dispensaries must be situated in stand-alone buildings.
"The way this law is set up is they want the prescribing physician to be completely separate from the dispensary," answered city attorney Kristin Foley. "Other states allow the physician's offices to be located in the back of the dispensary. But here they absolutely don't want that to happen, so there's a prohibition against sharing office space." Fieseler expressed a liberal view on the issue. "To me, this is on the same footing as prescription medications that already are being provided by pharmacies in Naperville," he said. "The whole stigma of marijuana use by stoners is a relic of former times."
Council member David Wentz agreed. "This is not something to be shunned or frowned upon," Wentz said. "It's a legal use, a medically-necessary use. We're in a different age where this is something that should be looked at and out in the open." Fieseler later said that he had been contacted by representatives of businesses in the medical marijuana trade.
"They haven't disclosed their identity to me, but some people have contacted me and, I think, other councilmen," he said. "I think what they want to know is whether the atmosphere in Naperville is going to be one that creates more of a challenge conducting business. It's not like I'm doing cartwheels to get them here; it's that I think we should be a welcoming community for businesses that are going to try to meet the medicinal marijuana needs." The Naperville City Council will consider medical marijuana business restrictions again at its Dec. 17 meeting.
News Moderator - The General @ 420 MAGAZINE ®
Source: Chicagotribune.com
Author: Gary Gibula
Contact: Contact Us
Website: Naperville council eyes medical marijuana law - chicagotribune.com
Following two rounds of changes to the proposed ordinance, the Planning and Zoning Commission recommended Nov. 20 that medical marijuana facilities be required to have "conditional use" permits, that they not be limited to industrial areas, that dispensaries be allowed to have drive-up windows and that no more than 10 percent of the floor space be devoted to the retail sale of smoking accessories. At the first reading of the proposed ordinance on Dec. 2, three of the eight councilmen said the facilities should only be allowed in industrial areas.
"I still think that having them in an industrial area with permitted use versus conditional use would be a better way for us to go," said Councilman Steve Chirico. "That way, there is a specific area where these facilities can open, and we don't have to come back and go through the whole process each time there's a new applicant." A proposed medical marijuana facility would need to comply with a given set of regulations for a permitted use, whereas a conditional use permit could be considered more restrictive because it is granted only after individual consideration and approval by the Planning and Zoning Commission and City Council.
In opposition to the proposed ordinance, four councilmen expressed doubt that dispensaries should be permitted to have drive-through facilities. "Is there a medical necessity to have a drive through?" asked Councilman Grant Wehrli. "If there's a solid rationale, from a medical standpoint, I'd like to know. But shouldn't those people not be driving anyway?" A staff member responded that medical marijuana patients have caregivers who are authorized to pick up prescriptions. Council member Judith Brodhead questioned why drive-up windows for medical marijuana dispensaries would be permitted under the proposed ordinance.
"We originally proposed that drive-throughs be prohibited at the dispensing facilities," said Planning Operations Manager Allison Laff. "I think some plan commissioners just felt if pharmacies have drive-throughs, it would be appropriate to allow them." "I don't know why any of us should take any position on (drive-throughs)," said Chirico. "I think the market can figure out that part. It can be resolved by what works within the business environment." Councilman Robert Fieseler asked whether dispensaries must be situated in stand-alone buildings.
"The way this law is set up is they want the prescribing physician to be completely separate from the dispensary," answered city attorney Kristin Foley. "Other states allow the physician's offices to be located in the back of the dispensary. But here they absolutely don't want that to happen, so there's a prohibition against sharing office space." Fieseler expressed a liberal view on the issue. "To me, this is on the same footing as prescription medications that already are being provided by pharmacies in Naperville," he said. "The whole stigma of marijuana use by stoners is a relic of former times."
Council member David Wentz agreed. "This is not something to be shunned or frowned upon," Wentz said. "It's a legal use, a medically-necessary use. We're in a different age where this is something that should be looked at and out in the open." Fieseler later said that he had been contacted by representatives of businesses in the medical marijuana trade.
"They haven't disclosed their identity to me, but some people have contacted me and, I think, other councilmen," he said. "I think what they want to know is whether the atmosphere in Naperville is going to be one that creates more of a challenge conducting business. It's not like I'm doing cartwheels to get them here; it's that I think we should be a welcoming community for businesses that are going to try to meet the medicinal marijuana needs." The Naperville City Council will consider medical marijuana business restrictions again at its Dec. 17 meeting.
News Moderator - The General @ 420 MAGAZINE ®
Source: Chicagotribune.com
Author: Gary Gibula
Contact: Contact Us
Website: Naperville council eyes medical marijuana law - chicagotribune.com
