Pasco County commissioners denied a zoning appeal from a local businessman who wants to qualify for Florida’s program to manufacture and distribute a non-euphoric form of medical marijuana.
Florida legislators approved the use and sale in 2014 of a low-strain of medical marijuana, known as “Charlotte’s web,” but the state has yet to launch the program.
An announcement to award permits to five of 28 applicants is expected shortly.
Steven Smith, a partner in Good Life Development & Investment Group LLC, had planned to be among those applicants.
Smith has a warehouse at One Pasco Center, off State Road 52, and an adjacent property that both are zoned light industrial.
Smith and his partners were preparing an application for the state, when he sought a letter from the county that would show the company’s properties were zoned for medical marijuana uses.
In a July 6 letter, Pasco County Zoning Administrator Denise Hernandez notified Smith that his stated use of the properties “to grow medical marijuana” is not permitted in light industrial.
Commissioners unanimously upheld her decision.
But, Smith said, “They are making a decision not based on law. It’s based on how they want things in the county.”
However, Assistant County Attorney Kristi Sims backed up that ruling at the public hearing.
Ronnie Deese, a property owner at One Pasco Center, said he agreed with the zoning administrator’s decision and didn’t feel comfortable with Smith’s plan.
Attorney Larry Hersch, who represents Smith, argued that his client’s inquiry wasn’t focused solely on growing marijuana. Light industrial zoning allows manufacturing, compounding, processing, packaging, treatment and distribution of products, including pharmaceuticals, Hersch said. Retail sales of drugs also are permitted, he added.
As Pasco County Chairman Ted Schrader called for a vote by commissioners, he said, “We’re not going to sit here and split hairs.”
Afterward, Smith said he has spent thousands of dollars preparing his application to the state including a $60,000 fee. His business missed the state’s application deadline, but Smith said he could still pursue a partnership as a subcontractor for another company. Or, if the legislature increases the number of permits, he could apply then.
“This decision is ridiculous,” Smith said. “We’re not going to stop here.”
Published October 14, 2015
