Pasco County commissioners want to extend an existing moratorium on the growth, sales and distribution of cannabis until the end of the year.
The delay would give the county’s legal staff time to craft an ordinance to ban those activities in the future. As a backup, the county would approve regulations to restrict those activities to industrially zoned locations, with conditions.
The ordinance also would update police powers in making arrests for illegal possession of marijuana — which is derived from cannabis.
A one-year ban on cannabis production activities is set to expire on Sept. 2.
But, a Nov. 8 referendum on medical marijuana, if approved, could quickly change the regulatory landscape both statewide and at the local level.
State law currently permits, in some instances, a non-euphoric form of marijuana, known as Charlotte’s web, for medical use by patients with epilepsy, seizure disorders or who are terminally ill. Only one organization is approved to dispense the product so far, with the first delivery of medical marijuana going to a resident of Hudson.
The state referendum proposes to broaden when medical marijuana is allowed and open the door for new dispensaries.
No dispensing sites have been approved in Pasco, but county officials said they have received inquiries about future retail sites within the county.
At a July 19 workshop in New Port Richey, the county’s attorneys sought guidance from commissioners on how to tackle the evolving marijuana issue.
They offered several options, including a total ban on dispensaries, which some counties are choosing to do.
The ban also would establish regulations as a backup to legal challenges.
“I call it a dry county kind of option,” said Kristi Sims, senior assistant county attorney, in outlining Pasco’s choices. “You can expect probably some litigation. It does carry with it the obligation to defend it, if it is challenged.”
Another option would allow dispensaries in commercial areas and calls for regulating them like pain management clinics.
Public hearings would be held before commissioners vote on the ordinance.
In recent years, 25 states have opted to approve medical marijuana, decriminalize its use or allow recreational use.
Supporters say legalizing marijuana benefits people with illnesses that haven’t responded to traditional medicines. They also say it fills state coffers with tax revenues, and reduces incarceration costs related to arrests for sale or possession of marijuana.
Opponents say medical marijuana will only open the door to recreational uses, addictive behaviors and increases in crime.
The Pasco County Sheriff’s office provided commissioners with data on crime and marijuana use in states, such as Colorado and California, where marijuana is legal in some form.
Colorado has fully legalized marijuana use. About 7,000 reported crimes occurred within 1,000 feet of some dispensaries in the first six months of 2012 and 2013, according to a report from the Colorado Police Chiefs Association.
Based on federal banking regulations, dispensaries offer cash-only sales for medical marijuana. That’s affecting crime rates, the association’s reporting shows.
“The problem with this is they (dispensaries) obviously are very easy sitting targets,” said Chase Daniels, spokesman for the Pasco Sheriff’s Office.
California is a medical marijuana state, also operating dispensaries with cash only. Police reported about 200 percent increase in robberies and 130 percent increase in automobile burglaries largely, Daniels said, “because so much cash is on hand.”
“It’s really caused quite a bit of problems,” said Pasco County Commissioner Jack Mariano. “Statistics on crime are horrible.”
Commission Chairwoman Kathryn Starkey said she’d read about families relocating to Colorado specifically to obtain legal marijuana for their ailing children.
But, Starkey also noted that the crime data is of serious concern and should be considered in deciding how Pasco should proceed.
Commissioner Mike Wells said he wanted more information on how medical marijuana helps people, especially children. “I’d still like to hear how others see this as a help. What’s the economic impact? We still need to be open to it. We have some time.”
County attorneys, in crafting the new ordinance, have an array of conditions that can be applied to dispensary permits.
Those conditions can include advertising limitations, no vending machines, no co-location with other medical facilities, a ban on sales of marijuana-related paraphernalia, regulations on sale of edible products, and an annual registry.
Legal staff urged commissioners to approve the ordinance prior to the Nov. 8 referendum to establish some “grandfathered” rights for the county, in the event the ordinance is at odds with what the state finally approves.
“It may get a little more respect if it’s in place prior to,” said Sims.
Published July 27, 2016
