A zoning decision expected Monday by Poplar Bluff City Council members will determine which side of the city limits most medical marijuana businesses will be allowed to operate.
Council member say they must consider what residents want, rules established by the state, their own moral concerns, and how it could impact the city’s bottom line in making this decision.
In question is what type of buffer zone will be established from schools, churches and state-licensed daycare facilities. Missouri officials have said cities can require medical marijuana businesses to maintain a maximum 1,000-foot distance, or a lesser amount.
City officials have said the maximum distance would leave little room for the businesses and force almost all into the county, which has no zoning requirements.
Mayor pro tem Steve Davis, who is an at-large council member, Barbara Horton of Ward 3 and Ed DeGaris of Ward 2 say they support the 500-foot restriction.
DeGaris is also a member of the city’s planning and zoning board, which recommends the 500-foot restriction.
“It’s just something that’s coming. I don’t agree with it, but it’s coming,” said DeGaris, a former police officer.
The state has set strict regulations for the businesses, something DeGaris said he does like. This includes that a dispensary must have an equal number of employees for the number of customers allowed inside at any given time. If there are more customers than employees, the remaining customers are required to wait aside.
Other security protocols and tracking have also been set.
“If it helps certain people with certain things, I’m all for helping people,” said DeGaris.
The 1,000-foot restriction would force most dispensaries outside the city limits, said Horton, an issue that was also raised by planning and zoning commission members.
“Since the voters approved medical marijuana, I feel the city should benefit from the tax revenue,” she said.
It appears this will be a highly organized and regulated process for the citizens — even at the local level, said Davis.
“After additional consideration, I plan to vote to sustain the original zoning stipulation recommended by the planning and zoning commission. This will likely also benefit the city through sales tax,” he said.
As of June 20, the state has received applications for two cultivation facilities that would like to locate in Butler County, four dispensaries and one manufacturer.
Each would have different zoning requirements under the proposal discussed by the council in June. No applications have been received for Stoddard, Dunklin, Wayne, Ripley or Carter counties, according to the state.
Council member at-large Ron Black opposes the shorter distance, saying the 1,000-foot buffer should be maintained.
“I understand the state voted for it and our only opportunity now is to define certain regulations that the state gives us to define,” he said. “Personally, I’m just not in favor of having them at all. I feel like I want to regulate them to the extent that is allowable within the law.
“I think you can never compromise your values for dollars.”
Black will not be able to attend the meeting Monday because of a commitment to a national event, the General Baptist Summit.
Requests made Friday to Mayor Robert Smith and council members Shane Cornman of Ward 4 and Lisa Parson of Ward 1 were not returned as of press time.
In a poll posted on the Daily American Republic website, of 207 votes cast, the majority of participants supported no restrictions.
The results were: 1,000 feet, 13.0% (27 votes); 500 feet, 22.7% (47 votes); 200 feet, 7.2% (15 votes); No restriction (anywhere), 46.9% (97 votes); and Not in city limits, 10.1% (21 votes).
Dispensaries are expected to open by the spring of 2020, with an application period for licenses starting in August.
Dispensaries would be allowed in the following districts, under the proposed ordinance: C-2 general commercial, C-1 neighborhood commercial, C-3 central commercial and CX-3 central commercial, mixed-use.
A conditional use permit would be required for dispensaries in C-1, C-3 and CX-3, but not in C-2.
Dispensaries are the only types of facilities that could require a conditional use permit, under the proposal. Conditional use permits are awarded to the owners of a business and require additional city approval for issuance.
Manufacturing, testing and cultivation would not require a conditional use permit, but would be limited to general and light industrial districts. Manufacturing and testing could also occur in some areas of general commercial districts.
Qualified patients include those suffering from cancer, epilepsy, glaucoma, intractable migraines, a chronic medical condition that causes severe pain, any terminal illness, other chronic medical concerns when approved by a physician, HIV and debilitating psychiatric disorders.