Medical marijuana facility zoning discussed for Poplar Bluff

Medical marijuana facilities could be limited to locations of up to 1,000 feet away from schools, churches and state-licensed daycare centers under a proposal discussed Tuesday by the Poplar Bluff Planning & Zoning Commission.

“We want to ensure these facilities don’t encroach on residential neighborhoods, but at the same time understand that we can’t regulate them not to come here,” city planner Matt Winters said prior to the meeting. “We want to find the best fit of where they can be located.”

P&Z will discuss this matter at least one more time before voting on a recommendation, which would then be sent to the Poplar Bluff City Council for approval. It will be a workshop item for P&Z at their June 10 meeting.

This map shows a 1,000-foot barrier between medical marijuana facilities and schools, churches and state-licensed daycares.

“Medical marijuana facilities are coming to our town,” Winters said during the meeting, adding city hall had already received inquiries from groups interested in city locations. “They will be here. My guess is that you will see them opening up after the first of the year.”

The state expects the first licenses to be issued by Dec. 31.

The final rules from the state for cities were issued Friday, Winters said. He has recommended a 500-foot restriction and said the proposed ordinance meets state guidelines.

This map shows a 500-foot barrier.

“This is not a topic that lacks for controversy, I understand that. Everybody has their own opinion on the amendment. Everyone has their own opinion on marijuana,” Winters said. “Regardless of our opinion on marijuana, this is legal. These facilities are going to come to our area.”

People in the community are going to be prescribed medical marijuana, he continued.

“What I have put together, is what I hope is restrictive enough that the community, that planing and zoning, the city council feel comfortable with it, but at the same time allowing these facilities, so that we can take advantage of the sales tax,” he said. “If they are not in town, they are going to be right outside the city limits. Our citizens that live in town will be driving outside town to take advantage of it.”

No vote was taken on the matter Tuesday.

Commission chairperson Todd Sittig and a resident, David Davis, both spoke against the state law which allows medical marijuana use.

“I didn’t vote for it and I don’t quite appreciate it the way everyone else does apparently,” said Sittig. “We’ve had pharmacies go down because of abuse within the city limits. It’s not if it will be abused, it’s more than likely when it’s going to be abused, and how soon they get caught abusing it.”

Missouri residents voted in 2018 by a 65% majority to allow marijuana use for specific medical uses, with about 58% of Butler County voters supporting it, according to the discussion.

The state allows cities to place a maximum 1,000-foot distance restriction on dispensaries, and locations for the cultivation, manufacturing and testing of medical marijuana.

The requirement can relate to schools, state-licensed daycares and churches. The state does not regulate a minimum distance.

“We can tell them they can be closer, but not further,” said Winters.

Similar ordinances have begun to make their way through many area city governments in recent weeks, including Cape Girardeau and Perryville.

Some cities have had no restrictions on locations, while others have reduced it to 100 feet or other variations, Winters said. The city has a 100-foot restriction for businesses selling alcohol, with relation to locations of churches and schools.

The state will begin taking applications for medical marijuana businesses in August.

The state-approved facilities would later apply for a Poplar Bluff business license in the same way as any other company, Winters said.

If zoning is stipulated as permissive, there would be no additional city approval needed. If zoning is stipulated with a conditional use permit, businesses would need additional approval.

Poplar Bluff P&Z members reviewed two maps, showing what a 1,000-foot and a 500-foot restriction would represent.

At 1,000 feet, there are not many places available inside city limits, Winters explained.

Dispensaries could be restricted to C-2 general commercial areas, under the proposal. These are primarily the commercial corridors that include Business 67/Westwood Boulevard, Oak Grove Road at Eight Points, Pine Street and Highway 53/Ditch Road.

Manufactured or infused products, such as edible items, could be located in the commercial or industrial areas, under the proposal.

Testing and growing facilities would be restricted to industrial districts, which are located on the outskirts of town.

The proposed restrictions have also been shared with other departments, including the police department, which has not provided any additional suggestions.

The Missouri Municipal League has provided webinars on these topics to help cities prepare, and links to other cities that have already put ordinances in place, Winters said.

There are no zoning requirements within the county that would limit or regulate placement of the facilities.