FL: Dispensary To Deltona: Medical Marijuana By 2018

Ron Strider

Well-Known Member
West Volusia will likely get its first medical marijuana dispensary before the end of the year.

Surterra Wellness, which has stores in Tallahassee and Tampa, is planning to open in Deltona Plaza, 1200 Deltona Blvd., in a suite right next to the Good Eats Diner. It will become Volusia County's second dispensary, after Trulieve opened one last month in Edgewater.

After 71 percent of Floridians voted in November to allow medical cannabis, the state and cities have shaped laws and rules to steer dispensaries to locations they deem appropriate. In Volusia, Deltona, Daytona Beach and Port Orange are among the cities that have been deliberating moratoriums and zoning rules as some of their residents remain opposed to marijuana as medicine, while Flagler Beach is banning

Last week, the Deltona City Commission unanimously passed a resolution allowing for the conditional use for the Surterra dispensary.

"Our mind's being made up for us by state law," Mayor John Masiarczyk said. "I think the best of both worlds is we've got a prospective owner of a business that's legal in this state is willing to take some guidelines that he really doesn't have to abide by."

A couple of years before the vote, Deltona, anticipating a state law change, had passed an ordinance allowing for the conditional use of medical marijuana dispensaries in certain zoning classifications. Surterra applied for the Deltona permit before the law changed and agreed to work with the city so both parties are satisfied.

Deltona's decision wasn't met without opposition.

Joshua Shapiro, reverend at Deltona's Victory Chapel, also located in Deltona Plaza, said he believes marijuana is a gateway drug and he doesn't want it near his church.

"I know where it goes," Shapiro said. "At one point, alcohol was considered a medicine."

But others defended the new law. Deltona resident Michael Putkowski said he's lost two family members to prescription opioid abuse and was in favor of a scientifically safer alternative.

"The state of Florida has not designed this to be like California and Colorado and the state of Washington," Putkowski said to commissioners. "It's not going to be where people are going to hang out. It's for sick people to go and get things to help them get through life, sometimes what little bit's left of their life when they're dying with cancer."

Dispensaries and directives

Dispensaries may not be located within 500 feet of public or private elementary, middle and secondary schools unless the municipality or county the dispensary is located in approves it via a formal proceeding open to the public, according to state law. Municipalities and counties may set other parameters through ordinances.

Loitering, alcohol and outside seating won't be allowed, and Surterra will have floor-to-ceiling windows so anyone passing by has a clear view of the operation. There also will be on-site security.

"We don't want anyone to think we're doing anything nefarious inside," Nicholas Monette, vice president of real estate for Surterra, said. "We sell cannabis-based therapeutics. We're not creating things that are geared toward a recreational market."

Patients are not permitted to use the medicine on site.

And no one will be rolling legal joints.

The product currently may be administered via oral spray, topical lotion, vaporizer, nebulizer and a tincture, and what's displayed on the store's shelves is just olive oil as the actual product must be safely secured in another part of the store. The marijuana used isn't permitted to be grown on dispensary grounds.

To get the product, patients must have a recommendation from a physician who has qualified to be able to recommend a patient be given medical marijuana, and anyone under the age of 18 must be accompanied by an adult.

The qualifying medical conditions, according to state statute, are: cancer, epilepsy, glaucoma, HIV, acquired immune deficiency syndrome, post-traumatic stress disorder, amyotrophic lateral sclerosis, Crohn's disease, Parkinson's disease, multiple sclerosis, a terminal illness or chronic nonmalignant pain. Conditions comparable to those listed may also qualify.

Physicians see upside

As of Friday, there were 17 doctors in Volusia County and two in Flagler County qualified to recommend medical marijuana for patients, according to Florida Department of Health records.

Dr. Andrew Feldman, a family practitioner in DeLand, said he took the eight-hour online course to qualify because he wanted another modality of treatment for his patients, especially those who don't want to be prescribed an addictive opioid.

"No one's ever died from a marijuana overdose," Feldman said.

Though it isn't required, Feldman said he's going to Tallahassee in a few weeks to take a course for physicians on medical marijuana. He said the state hasn't provided any sort of dosage guidelines, so he wants to be as educated as possible before he recommends it to any of his patients.

Dr. Allen Jackson, an ophthalmologist in Daytona Beach, said patients of his who have ordered cannabidiol (CBD) oil online have reported relief of pain with less unpleasant side effects.

"A lot of my patients don't want to be addicted to opioids, so this is another avenue to avoid that," Jackson said.

The level of tetrahydrocannabinol (THC), the chemical compound responsible for the euphoric high, in medicinal marijuana can vary, and while it's the potential for getting high that has some medicinal marijuana detractors concerned, Jackson said there are people who can benefit from stronger dosages, including patients suffering from glaucoma, headaches and seizures.

Where other cities stand


In Edgewater, the first Volusia city to get a medical marijuana dispensary, the City Council recently considered a moratorium on any new dispensaries, but opted instead to amend its land development code to fit the new rules. The City Council had earlier this year approved changes to the code that would have permitted two dispensaries – one north of Indian River Boulevard and one to the south. Since then, Trulieve moved into a building on Boston Road, south of the boulevard, leaving the northern spot open, but now, those restrictions will need to be yanked from the code.

"We are leaving it alone right now," Mayor Mike Ignasiak said. "We think market forces alone will likely keep one or two dispensaries in Edgewater... We're not going to challenge the state."

Ignasiak said he thinks most cities are having a knee-jerk reaction to the new rules.

In Port Orange, leaders directed City Manager Jake Johannson to add a vote on the subject to the Aug. 1 agenda.

While most leaders seemed unconcerned with the state rules as they now stand, they did show concern for how dispensaries might evolve as the rules change over time.

"My concern is it's an all-or-nothing approach," said Councilman Chase Tramont, who asked the city's legal department to weigh in on whether possible new rules on edibles or smoking could change the nature of locations.

But City Attorney Margaret Roberts didn't have any answers.

"It's really hard to predict what will happen," Roberts said.

DeLand's mayor and commissioners decided their current best course is to ban the dispensaries.

Mayor Bob Apgar said should DeLand go in a different direction in the future, he'd like to see the dispensary have a strong nexus to a medical community.

The City Council of Orange City will hold Tuesday a public hearing on an ordinance extending the city's current moratorium on dispensaries while staff work on land development code provisions and other guidelines regarding such facilities.

Daytona Beach's mayor and city commissioners haven't made a final decision yet on whether to allow medical marijuana dispensing operations in their city, but when the topic was discussed recently, it appeared they were headed for a ban.

Only Mayor Derrick Henry and City Commissioner Aaron Delgado said they want to allow dispensaries. Commissioners Rob Gilliland, Dannette Henry, Kelly White and Ruth Trager all said they don't want to open the door to medical marijuana. Commissioner Paula Reed wasn't at the meeting.

Since a majority of commissioners said they want to institute a ban, the city attorney will draw up an ordinance for a commission vote.

The four commissioners leaning toward a ban said they see too many opportunities for dispensaries to be near places where kids would be, such as parks or dance studios.

Police Chief Craig Capri also said he suspects the operations will cause trouble with robberies and possibly even gun violence.

Ormond Beach's City Commission hasn't yet formally addressed the matter.

And in a 3-2 vote, Flagler Beach recently banned dispensaries for 90 days.

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