Safety Harbor proposes temporary moratorium on medical marijuana dispensaries
By 
On November 8, while the entire country was focused on the presidential election, the state of Florida passed an amendment legalizing the use of medical marijuana for patients with certain diseases, including cancer, HIV, PTSD and ALS.
It was the second time the issue was on the ballot, but unlike in 2014, when the dispensing of low-THC cannabis was approved, this the more wide-ranging Florida Medical Marijuana Legalization Initiative, aka Amendment 2, passed by a wide margin, 71-29 percent.
The result means medical marijuana dispensaries could be popping up all over the state soon after the law goes into effect in January, and in order to get a handle on the situation, Safety Harbor as well as other neighboring cities and counties have decided to enact temporary moratoriums on applications to operate such facilities in town.
“On November 8 of this year, a constitutional amendment, Amendment 2, was approved to allow the medial use of marijuana by qualifying patients,” Community Development Director Marcie Stenmark said when the proposed ordinance came before the City Commission for first reading on Monday night.
“At this time, the Safety Harbor land development code doesn’t address this type of use,” she added. “And so it’s our recommendation to you that you adopt a 180-day moratorium on the acceptance for processing of an issuance of development permits, development orders or any other action having the effect of permitting new applications for the establishment of medical marijuana dispensing facilities, and that would allow us the time to work with you to adopt an ordinance to amend the land development code to address where this type of use would be allowable.”
Mayor Andy Steingold then attempted to put that in layman’s terms.
“So essentially you’re saying, we don’t want to give out any permitting for it until such time that we come up with a plan as far as what specific zoning would be appropriate for the dispensing?” he asked.
“Yes, that’s correct,” Stenmark replied, adding the city has already received calls inquiring as to where the dispensaries are currently allowed.
Commissioner Carlos Diaz then asked if the dispensaries could be installed on Main Street as any other retail business, and Stenmark said based on the city’s current code, they could.
“Although the use isn’t currently specifically restricted, it could be viewed as allowable where retail sales are allowed,” she said. “So it is our recommendation to you that we work on a more specific code listing for the use, we define the use, and we say exactly where and when and how it can be allowed.”
The four commissioners (Vice-Mayor Andy Zodrow was absent from the meeting) then discussed the issue further, with Steingold stating he would like to see the city code address pharmacies as well as dispensaries, to the agreement of Commissioner Janet Hooper.
“I was going to say the same thing,” Hooper said. “I’m just amazed that pharmacies were never addressed in the code.”
Commissioner Cliff Merz questioned the timing of enacting a potential moratorium before statewide decisions are made when the Florida legislature reconvenes in Tallahassee in March.
“We couldn’t do it, probably, prior to the legislature coming into session and passing some of that anyway, right?” Merz asked, adding, “it might be more prudent to wait until the legislative session begins prior to coming up with an ordinance and voting on it and then having to make amendments to it.”
But City Attorney Nicole Nate replied whatever individual municipalities do at the local level shouldn’t be affected by state legislation.
“I think most of the state stuff isn’t going to affect a lot of the local stuff, just in my opinion, because they’ve already really carved out what they want the state to do and what they want local governments to do,” Nate said.
“If this is adopted at your next meeting on December 5th, you’re looking then at (it expiring at) the beginning of June, and by that point we’ll have a fair amount of ideas about bills that were introduced at that session,” she added. “So I think it’s going to be a fluid process, watching the state.”
“If there’s a conflict between our local ordinance and the state at some point, you’ve got to comply with the state,” Steingold added. “So it really wouldn’t matter if we came up with it before the legislature enacted the legislation.We can do all we want.”
Ultimately, the commission agreed to approved the proposed ordinance, containing language overriding the moratorium pending any future land use changes, by a vote of 4-0.
The item is scheduled to come for a second, and final, reading on Monday, December 5.
Harborites, what are your thoughts on this topic? Do you believe medical marijuana dispensaries could open in Safety Harbor in the near future? If so, how do you feel about it? Let us know in the comments below.
Related content:
- Commission scraps controversial setback ordinance
- Commission rejects proposed ordinance amid pressure from concerned residents
- P&Z Board approves dozens of ordinances with little fanfare
Please, before deciding on this issue, look at the pros and cons, as well of other benefits in diferent parts of the country…… It is my believe that a dispensary will be beneficial to our town by bringing more turisims plus revenue to the city as well…..
Disagree. Voters (including me) approved marijuana for medicinal use in this state. Why should we not have access here in Safety Harbor?
Pharmacies sell prescription drugs to the sick and elderly and yet those same drugs when stolen or abused are far more dangerous than medical marijuana. Yet I don’t see druggies and other dangerous elements hanging around CVS or Walgreens, so why should Safety Harbor create an ordinance that singles out a specific drug that is prescribed that helps sick and dying patients? Why do Safety Harbor elected officials want to create a prohibition type atmosphere here? Before making a judgement, people should really get the facts and not create a “scare” tactic responses. I was in Colorado on vacation during the summer where recreational pot is legal and saw several small dispensaries store. Not one store had “people hanging around” – but people of all ages going in and coming out with little cookie bags and they got in their cars and left, just like they do now at CVS.
Seriously?!? I’m all for medical marajuana BUT we can’t even pass an ordinance for breweries in or around downtown,… for the sake of our dear little town cries. Yet we will put one if these dispensaries on Main street?? Let’s not pretend there isn’t all sorts of issues that come with this.
SAFE Legal Effective Alternatives Already Exist!!
Too many convoluted issues with this topic are
clouding the clarity of where healthier options
actually strengthen an illness instead. People’s
access to technologically advanced nutraceuticals
requires awareness right now! BankableBodies ™
You are insane.
Does medical marijuana require a prescription? If so, wouldn’t it then need to be dispensed by a pharmacist?
I’m not sure how it works in other states, but we are talking about marijuana here. Some have shown that there is no way to overdose on marijuana. Others have shown that you would need to smoke about 30-40 pounds in one sitting so basically it is impossible.
It isn’t a dangerous drug in the sense that you are going to go from it. Prescription drugs such as muscle relaxers and opiates are much much much more dangerous. Oxycontin is basically prescription heroin.
It’s medicine for sick people, we have a pharmacy on Main Street giving medicine to sick people. Your mental image of a Cheech and Chong hanging out on the corner is way off base. It’s the elderly couple going in to get their medicine for their ailments and going home just like people do at the pharmacy. This shouldn’t even be a question or an issue. As far as it being a federal law it’s up to states rights and how their voters decide. The federal government is choosing to not enforce a law that even they know is antiquated and ridiculous.
Couldn’t agree more. It is a super safe way to treat pain and illnesses. We need to stop with this “pothead” rhetoric. Marijuana is safer than about 99% of the drugs most people have in their medicine cabinet.
I agree and I also voted to pass this law! I also will vote to legalize this law when it is on our ballots to do so!
There should be ZERO marijuana dispensaries in Safety Harbor – or Florida for that matter – because, regardless of what the Florida Constitution says, it is still a FEDERAL crime.
It is issue best left up to the states. We can’t wait in the Federal government to do the right thing. They classify it the same as heroin and more dangerous than cocaine. It is absurd.
This is medical. Let people take what they want for medicine and honesty it should be fully legal. Who gives a crap.