Medical Marijuana and Town Ordinances
You may want to consider developing a town ordinance to define some of how marijuana dispensaries and/or grow facilities might operate. You have some time to consider whether this is a good or necessary approach, and to discuss the pros and cons. Here is some information about how to think about the town ordinance route as a policy intervention around marijuana use in your locality.
Things to consider as part of an ordinance:
1) What is already on the books in your local municipality? It may be that you already have a variety of ordinances in place that could address the local issues that a dispensary, cultivation/infusion center may bring, and all you have to do is supplement them. Take a look at ordinances that address public safety, zoning, agriculture, nuisance, signs and advertising as a starting point.
2) There is a lot of model ordinance language that has been developed in states that already have legalized medical marijuana. They take a large variety of things into consideration:
-minimum/maximum size of dispensaries, cultivation facilities, infusion facilities
-hours of operation
-minimum security measures
-signs and advertising, product display guidelines
-allowable “other” business activities, products, services
-Mobile units vs. permanent structures
-On premises use
-Locations /allowable zones for licensing
-distance regulations from schools, churches, youth centers, parks/playgrounds, drug and alcohol treatment centers, youth group homes, daycare/childcare centers, public/other gov’t buildings, residential neighborhoods, etc…
-local oversight: do they have to register with the local police, if they manufacture infusion food products what is the role of the local board of health, terms of local business license, etc…
-local management and oversight of in home growing (Hardship Cultivation)
-Outlet density (how many in your municipality and how close together)
-Emissions
-Preemption: Federal law overriding state law
-Moratoria: temporary ban that will allow your municipality more time to consider and develop regulations as appropriate for your community
-Exceptions/exemptions: for instance if located in a medical facility any/all above considerations need not apply
3) It is important to keep in mind that the regulations which are still to be determined by DPH may cover some or all of the above considerations. If you choose to pursue a local ordinance in advance of DPH regulation it is advisable to also include language that defaults to the “stricter” regulation.
4) In the case of many communities in other states attempts to “Zone Out” or create such strict regulations that they essentially ban dispensaries, cultivation facilities, and infusion facilities within a municipality have been the most vulnerable to legal challenges. Developing and passing an ordinance that your municipality may have to eventually defend in court may or may not be of concern. An additional consideration may be the unintended result of increased “Hardship Cultivation Registration” i.e. more home growers if local ordinances “Zone Out” medical marijuana facilities.
5) Provider education: In most cases it will be primary care and other specialty care providers who will be responsible for providing the written certification necessary to obtain a medical marijuana card. This is intended to take place as part of a bona fide patient-physician relationship where the physician has determined along with the patient that the potential benefits of medical marijuana use outweigh the health risks for the qualifying patient. Many providers will be seeking and may benefit from greater education as it relates to the risks of marijuana use especially in regards to youth. Opportunities may become available to utilize a currently relationship with local providers or develop a mutually beneficial relationship via these emerging needs.
Links to sample ordinances in other States, Cities, and Towns:
CA State Legislature: http://www.aroundthecapitol.com/billtrack/text.html?bvid=20110SB84795ENR
City of Seattle, WA: http://www.seattle.gov/dpd/Planning/CannabisZoningRestrictions/default.asp and http://clerk.seattle.gov/~scripts/nph-brs.exe?s1&s3=117229&s4&s2&s5&Sect4=AND&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CBORY&Sect6=HITOFF&d=ORDF&p=1&u=%2F~public%2Fcbory.htm&r=1&f=G
City of Mesa, AZ: http://www.mesaaz.gov/planning/medicalmarijuana/summary.pdf
City of Cottonwood, AZ:
http://cottonwoodaz.gov/planning/ZoningOrd/Medical-Marijuana-Ordinance.pdf
City of Denver, CO: http://www.denvergov.org/CitywideNewsandIssues/MedicalMarijuana/tabid/435215/Default.aspx
City of Visalia, CA: http://www.ci.visalia.ca.us/civica/inc/displayblobpdf2.asp?BlobID=11453
Village of Sheridan, MI:
http://www.villageofsheridan.com/212%20-%20Medical%20Marijuana%20Ordinance.pdf
County of San Bernardino, CA: http://cms.sbcounty.gov/Portals/5/Planning/Development%20Code/MedicalMarijuanaOrdinance4140signed.pdf