By Kevin Arnold on TheDay
Waterford ― As the town’s moratorium on cannabis sales nears its expiration date, the Planning and Zoning Commission is preparing to ban both the production and retail sales of the substance.
With its 12-month moratorium set to expire at the end of the year, the commission discussed a ban Wednesday night. If the moratorium expires and the commission has not taken any action, cannabis dispensaries and retailers would be allowed in town as any other retail store would be.
The other two options for the commission, as detailed in a memo from Director of Planning and Development Abby Piersall, are to enact a complete ban on cannabis establishments, which can be revisited later or the commission could adopt regulations that allow some or all cannabis businesses, with the location at the commission’s discretion.
Under a state law that legalized the recreational use of marijuana and took effect last year, municipalities have the discretion to allow or prohibit cannabis businesses within their borders, regulate signs and operating hours, and develop specific regulations for such businesses. The law allows one retailer and one retail grower for every 25,000 residents, which means the town can have one grower and one retailer.
Currently, medical marijuana dispensary facilities are allowed in the Medical Campus Overlay District (MCOD) on Parkway South, where Smillow Cancer Hospital is located, and would remain so, regardless of the commission’s decision.
On Wednesday, Piersall provided the commission with a draft of potential cannabis regulations. Commissioners reviewed it prior to Wednesday’s meeting and suggested they hear from the public and police before making a decision. Other commissioners suggested allowing cannabis cultivators but not retail sales, increasing the required distance between a cannabis establishment and places such as schools, and further limiting the zones where sales and productions occur..
“We either have to get this very, very right in the next month or two or ban it and deal with it,” Chairman Greg Massad said.
In search of a consensus among members, Massad said he was open to allowing cultivation but not retail. Commissioner Tim Bleasdale said he was open to allowing both uses, but said if he had to choose one, he’d only permit cultivation.
Commission Kenneth Petrini said more than once he was opposed to allowing either. Commissioner Victor Ebersole said he was open to banning it altogether while Karen Barnett said she’s was open to allowing both cultivation and retail and was concerned the town would be losing out on tax revenue from the businesses. She added she thought the commission may be late in considering the issue.
“The horse has already bolted on this one,” she said, as the state has already legalized cannabis.
Barnett was concerned the commission does not have enough information to make a decision that could restrict where the businesses could be located. She noted that it would be up to residents to purchase from a retailer.
The proposed zoning measures would allow cannabis cultivation and production in the General Industrial and General Industrial Park zones. Retail would be limited to the Commercial Industrial zone as well as the current MCOD zone.
But with the moratorium expiring in three months, the commission decided to enact a ban. Piersall explained to the commission that it would not be “a quick, outright ban.” Piersall said she and her staff would present a draft ban at the commission’s next meeting in October for its review before moving forward with a public hearing.
“I want to get this right,” Massad said, noting the short time frame.
Once the ban is in place, the commission could revisit and alter it. Commissioners encourage those interested to present their ideas to the commission.
“If it’s really important to someone, they can come to us at any time and they’ll get a fair hearing,” Massad said.
H/T: TheDay
