Medical Marijuana - Take 2

Last month the Planning and Zoning Commission voted down an item that would have imposed a complete prohibition on any sale of medical marijuana in Middletown. Several previous EYE articles have covered this and can be easily found by typing "medical marijuana" in the search box at the upper left.

I asked the Zoning Office about the revised language that has been proposed and will be voted on at the June 9th meeting. Michiel Wackers from the department sent me the details which I have included below exactly as provided to me. According to Wackers, "this approach would allow the Commission to consider proposals for sale or dispensation only if it is not the primary function. The additional requirements are based off of language from Frisco, Colorado." The revised language drops the all-out ban and imposes some actual regulation. There will be opportunity at the June 9 meeting for public comment. The Commissioners' contact information is also available on the Middletown Planning website:

http://www.middletownplanning.com/Committees/PZ/pzmembership.html

The new language looks to allow sale or dispansation as an accessory use as defined by 16.01.01 of the code.

"ACCESSORY USE OF STRUCTURE- A use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. "

Add to the Accessory Uses Section:

Section 60.03.03 Sale or Dispensation of Marijuana and/or Medical Marijuana

Zones: ID, TD, MX, and I-3

Add to the Special Exception Section:

Section 44.08.45 Sale or Dispensation of Marijuana and/or Medical Marijuana

1. The Sale or Dispensation of Marijuana and/or Medical Marijuana shall be on the premises of, and accessory to, an active hospital with more than 50 beds, Pharmacy, or Medical Clinics with more than five (5) practitioners, specifically excluding those whose principal service is mental health and/or substance abuse diagnosis and treatment.

2. Sale or dispensation of marijuana and/or medical marijuana dispensary shall be permitted by special exception subject to the following restrictions:

a. No sale or dispensation of marijuana and/or medical marijuana shall be located within 500 feet of any license child care facility at the time of establishment of the dispensary.

b. No sale or dispensation of marijuana and/or medical marijuana shall be located within 500 feet of any educational institution or school, either public or private, at the time of establishment of the dispensary.

c. No sale or dispensation of marijuana and/or medical marijuana shall be located within 500 feet of any halfway house or correctional facility at the time of establishment of the dispensary.

d. No sale or dispensation of marijuana and/or medical marijuana shall be located within 100 feet of a residential dwelling at the time of establishment of the dispensary.

e. No sale or dispensation of marijuana and/or medical marijuana shall be located in any zone except ID zone, TD Zone, MX Zone, and I-3 Zone.

f. No sale or dispensation of marijuana and/or medical marijuana shall be in a building containing residential units at the time of establishment of the dispensary.

g. No sale or dispensation of marijuana and/or medical marijuana shall be located in a movable or mobile structure.

h. No sale or dispensation of marijuana and/or medical marijuana shall be located with 1000 feet of another medical marijuana dispensary.

i. All sale or dispensation of marijuana and/or medical marijuana dispensing and production/cultivation activities shall be conducted indoors.

j. All product storage shall be indoors. Products, accessories, and associated paraphernalia shall not be visible from a public sidewalk or right of way. All products shall be in a sealed/locked cabinet except when being accessed for distribution.

k. The business may only be open for the sale or dispensation of marijuana and/or medical marijuana during the hours of 9:00 am to 5:00 pm.

3. Registration

a. The owner of a building or premises, his/her agent for the purposes of managing, controlling, or collecting rents, of any other person managing or controlling a building or premises, any part of which contains the sale or dispensation of marijuana and/or medical marijuana, shall be register annually with the Director of Health the following information:

i. The address of the premises.

ii.The name of the owner of the premises and names of the beneficial owners if the property is in a land trust.

iii. The address(es) of the owner and the beneficial owners.

iv. The name of the business or establishment subject to the provisions of paragraph C.

v. The name(s) of the owner, beneficial owner of the major stock holders of business or the establishment subject to the provisions of paragraph C.

vi. The address(es) of those persons named in subparagraph (e).

vii. The date of initiation of the sale or dispensation of marijuana and/or medical marijuana.

viii. If the building or premises is leased, a copy of the said lease shall be attached.

b. It shall be unlawful for the owner or person in control of any property to establish or operate thereon or permit any person to establish or operate an sale or dispensation of marijuana and/or medical marijuana without first having properly registered and received certification of approved registration.

c. The owner, manager or agent of a registered sale or dispensation of marijuana and/or medical marijuana shall display a copy of the Registration Form approved by Director of Health in a conspicuous place of the premises.