Zoning Moratorium Gives A Year To Write Medical Marijuana Rules

The General

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Connecticut - Puff the magic dragon won't be opening a shop in Ridgefield tomorrow, or next week. But in a year – maybe. Adopting a moratorium, the Planning and Zoning Commission has given itself up to a year to create regulations for the "medical marijuana" facilities now allowed under state law. "I think it's the prudent and responsible thing to do," said Commissioner Joe Fossi, who moved adoption of the moratorium. The commission's action followed an Oct. 15 public hearing where a local doctor testified that the drug has real medical value. "Please don't lose sight of the fact this is a medical issue," Dr. Jeffrey Miller told the commission.

"I am a caretaker for a medical marijuana patient," Dr. Miller said. "If regulations are needed, my plea to you: Put them together with all due haste." A physician specializing in allergies and immunology, Dr. Miller said people who benefit from marijuana as a medical palliative currently go to the black market to get it.

"This is your opportunity to help people," he said. Commissioners seemed to accept his argument and spoke of getting regulations into place fairly promptly. "I think some compelling arguments were made," Commissioner Fossi said. "And I think we should move along on it quickly, or as quickly as the office and our process can move it along." The drug's widely acknowledged recreational use –still illegal in Connecticut – played almost no part of the hearing or discussion. Connecticut became the 17th state to legalize marijuana or cannabis for medical use on May 31, when Governor Dannel Malloy signed a law passed by the legislature.

Marijuana remains illegal under federal law. But the federal authorities have not challenged state laws allowing it, even in Washington and Colorado, the two states that have voted to legalize it for recreational use. Any town regulations would have to reflect the state law, and guidelines being set up by the Connecticut Department of Consumer Protection. The consumer protection department says the state's new law is "designed to enable seriously ill patients to engage in the palliative use of marijuana while preventing marijuana from being misused or diverted from its medical purpose."

The state lists 11 "debilitating medical conditions" for which doctors may certify patients to legally acquire and use marijuana: cancer, glaucoma, HIV, Parkinson's disease, multiple sclerosis, epilepsy, cachexia, wasting syndrome, Crohn's disease, post-traumatic stress disorder, and "damage to nervous tissue of the spinal cord with objective neurological indication of intractable spasticity." The state guidelines say that doctors who certify patients for marijuana use must "have a bona-fide physician-patient relationship; and complete a medically reasonable assessment of the patient's medical history and medical condition."

After adopting the moratorium on an 8-0 vote, the Planning and Zoning Commission created a subcommittee to study and recommend regulations concerning that would address the usual zoning issues, regarding marijuana facilities: Where in town would they be allowed? What would the buildings and signs look like? How much parking? Subcommittee members are Phil Mische, John Katz and Peter Chipouras.

Any regulations the subcommittee writes wouldn't become law unless adopted by a vote of the full commission, after a public hearing. If the commission didn't have rules ready at the end of a year, it could have a hearing and vote on extending the moratorium. Dr. Miller was the only member of the public to speak at last week's public hearing. A 35-year Ridgefield resident, Dr. Miller said he'd come partly from concern the commission was over-reacting to the state's legalization of the drug.

"When I first read this my reaction was this was indeed a 'Reefer Madness' reaction," he said, citing the 1936 anti-drug propaganda film that since the '60s has been shown as a comedy to audiences of recreational marijuana users. He didn't think marijuana deserved the heavy handed treatment it was getting.

"There's not a drug I've prescribed in my career that doesn't have potential negative effects," Dr. Miller said. Dr. Miller worried that the commission's moratorium might be a roadblock intended to hold off any opening of marijuana facilities in town. It the commission takes a full year to adopt regulations, he said, a medical marijuana facility would never open in town. The state envisions only about three "production facilities" and three to five "dispensary facilities" statewide. "It'll be the death of dispensaries in town," he said. "To have a one-year moratorium when the state says there'll be three to five in the whole state: that's not a moratorium; it's a prohibition."

Even before Dr. Miller spoke, Mr. Mische had urged the commission not to treat medical marijuana "as if it's some hideous plague upon the town." Mr. Mische also felt the commission shouldn't over-react to the legalized marijuana, given that drugs ranging from alcoholic beverages to prescription pain killers to are sold legally. "We have some really interesting drugs in every pharmacy in our town," Mr. Mische said. "I look at this as one more in the basket." Town Planner Betty Brosius said the state's regulations allow separate dispensaries, under strict controls, not the sale of marijuana at every drug store and supermarket prescription counter.

"The Department of Consumer Protection told me, this is not within an existing pharmacy," she said. "It's a stand-alone dispensary." Commissioners said any regulations they adopt would be closely constrained by the state's rules and procedures. The state medical marijuana program outlined by the consumer protection department at a Sept. 19 program for municipal officials envisions tight regulation of both "dispensary facilities" where marijuana is sold and "production facilities" where it is grown. The state says: "Marijuana must be stored in approved safes or vaults only accessible to authorized employees. "Only registered patients and caregivers may enter a dispensary facility. "Except for emergency situations, only visitors approved by the Department are permitted in production facilities or dispensary facilities. "Marijuana products will be sold in child-resistant packaging..."

The state says marijuana may be dispensed only by a "licensed pharmacist" who is "trained on proper handling of controlled substances" and has "experience counseling patients with regard to medication use and drug interactions." Both production and dispensary facilities would have to have "professional alarm systems" that include "a perimeter alarm; motion detector; video cameras in all areas containing marijuana and at all entry and exit points; duress panic and hold-up alarms; a failure notification system and the ability to remain operational during a power outage."

Applicants for state permits must provide maps "identifying places of worship and schools" within 1,000 feet of proposed locations. The state consumer protection department envisioned awarding licenses near the start of the new year, and believes "production and dispensing facilities could be operational by spring."

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News Hawk - The General @ 420 MAGAZINE ®
Source: Theridgefieldpress.com
Author: Macklin K. Reid
Contact: Contact The Ridgefield Press | The Ridgefield Press
Website: Zoning moratorium gives a year to write medical marijuana rules | The Ridgefield Press
 
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