Friday, April 16, 2010

Medical Marijuana


The Information Part:
I spoke to the Planning office today regarding this from a previous Eye post:

"The Planning and Zoning Commission scheduled a public hearing on a proposed zoning Code text amendment regarding the "sale or dispensation of marijuana and/or medical marijuana." This hearing will be at the April 28 meeting."

I was told by the Planning office that the in light of the state legislature getting involved with medical marijuana regulation, the City of Middletown is doing some preemptive legislation of its own to prohibit the dispensation of medical marijuana, due to the unknown nature of what form any state legal action may take. I am paraphrasing here everything that I was told by the Planning office. The City is planning to handle this similar to the way that tattoo parlors and gambling establishments are handled. The City wants to strengthen its hand in regulating such activities now, which they feel will be better than trying to regulate such activities after-the-fact of any state passed legislation. The City compares the situation to about 15 or 20 years ago when gambling and riverboat casinos were a hot topic. At that time a zoning code was adopted to prohibit gambling. The City made it clear that they are not trying to take away any state or federally granted rights, but rather are trying to address the issue from a position of strength and to retain control over the City's regulation rather than having issues of "grandfathering" in and after-the-fact attempts to regulate. If there is some legislation passed at the State level, then the City has indicated that they can propose additional amendments to align with the state regulations.


The exact language that is under consideration for a vote is:


"Add:
Section 61.05.03- Sale or dispensation of marijuana and/or medical marijuana is prohibited ZONES- ALL"



Michiel Wackers of the Department says, "As staff we are looking at this from a use, in the zoning sense, perspective. We are not looking at this as a public health, criminal or social policy question. This is a step to regulate this to protect the interests of the community. Questions/disuccsion of relaxing any regulation should be held off until we know what form of legalization, if any, the State decides to implement.
Use is defined by the zoning code as: 'The principal purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is used or may be used, occupied or maintained.'
There is a bill in the general assembly to tax marijuana.
The April 28 scheduled public hearing will most likely be postponed to May 12, 2010. "

The Commentary Part:
Attached is a Memo from the City Planning Office to the Planning and Zoning Commission explaining the City's rationale for taking action on this issue. It contains an extremely unfortunate first sentence under the "Possible Actions" section regarding Middletown being family-friendly. This is irrelevant and nonsensical to this issue, in my opinion. In discussion of zoning regulations placed on liquor stores or bars, such as Public, do we discuss family-friendliness? We are talking about medical establishments. Other than that, the memo is relatively factual and concise about the logic for why this is being proposed. Frankly, I still have a hard time wrapping my head around the need for this, and it seems to be a little bit hypocritical in that what the City is proposing seems counterproductive to what they say they are trying to accomplish. But, perhaps I am misinterpreting these actions? The Memo references additional information of two articles which are also attached here (both are together in one picture).

If the State does legalize medical marijuana, it is my hope that the City will use the opportunity to take advantage of the giant boon to revenue that this could represent. With all the talk about being more business-friendly, here is a perfect opportunity where the state is potentially going to enable the City to do just that. We missed the opportunity to collect tax revenue from other recently voted on endeavors in Maromas, let's not miss this one.







12 comments:

Anonymous said...

Killing potential business b4 the fact. I wish this logic was used to save Maromas. It,s only pot.

metasta-sister said...

It is a shame that a city with such an excellent cancer treatment center would prevent the patients who use that center from getting one of the best treatments. I'd love to see a dispensary on Saybrook road, so I could reduce the amount of oxycontin I have to take each day, with its unpleasant side effects.

Anonymous said...

In my opinion, both golf and medical marijuana have a place in our City's possible revenue streams. From a planning perspective, medical marijuana clearly should be allowed in the Medical Corridor and golf, judging from past and recent efforts, belongs just about anywhere.

The Memo was not readable. Can it be made larger?

Anonymous said...

I think it's short-sighted to already be thinking about preventing the sale of medical marijuana in Middletown. Sure, these things should be regulated and not allowed to pop-up everywhere, but wouldn't this be a revenue stream for the city?

Anonymous said...

There is no revenue stream to the city from the sale of a product. We dont have a local sales tax.

The way I read it, the regulation is about selling marijuana period. The state already has regulations about the sale of medical marijuana (with a prescription and by a MD) they just dont allow it because the federal DOJ would take away grant money. (Obama will change that soon)

The fear should be what a bunch of desperate legislators in Hartford will do to gain more sales tax for the State of CT. Legalizing pot would result in a lot of sales tax to the state, not to Middletown. Not much different than the casino revenue which was supposed to go to towns, doesnt anymore.

Citys like Middletown would get hammered just like what is happening in CA. Storefront pot shops next to package stores and no regulations, if the state legalizes it the city would have to treat it just like any other retail product and once its legal it will be much more difficult to take it away.

Once the city is sure it is legalized in a responsible manner, the regulation could be changed in less than a month.

This is a smart proactive way to protect Middletown and downtown in particular.

Anonymous said...

I think I need marijuana to figure out the City budget - is that a legal use?

Sorry I don't know who I am....

Anonymous said...

quote - "Questions/disuccsion (sic)of relaxing any regulation should be held off until we know what form of legalization, if any, the State decides to implement." - right - so this means while they plan to take action BEFORE any State legislation is passed they do not wish the opposition to do so.

Judy said...

Good God. Don't we sell more potent drugs in the various pharmacies in Middletown already?

James Streeto said...

I spoke to Bill Warner about this--the operative concept is control. The idea is to get ahead of any state legalization or relaxation, and modify the regulations if it happens to ensure we don't have a mass of storefront "medical dispensaries" on main street.

Anonymous 8:34 pm: that's my understanding as well. There is a statute allowing for dispensing of medical marijuana on the books (I think its 21a-467) with an appropriate license. But such dispensing would cost us hundreds of millions in federal funds....and, in consequence, no permits to dispense are issued.

I agree with the comments about this country's general attitude toward marijuana. And metasta-sister, I sympathize--I've got glaucoma, which is one of the conditions for which marijuana is often prescribed. But this isn't about restricting so much as controlling and planning--which is a legitimate PZC function. And until some federal action is taken no prescriptions are going to be written in any event (if you think the state is going to add a bigger hole to their existing budget you're crazy).

Its nice to see the PZC ahead of the potential problems, rather than reacting to them.

Anonymous said...

There is nothing wrong with any kind of Marijuana. In the privacy of your own home . One should be able to relax and smoke if you'd like without the fear of being in trouble. Some people like to drink on the weekends. Have a glass of wine, a Martini or a few beers at night. Why can't someone come home and take a "hit" off a joint or a” puff” off the pipe, which may just relax them? I am that person. I am also responsible dad, a friend of politicians, and friend of law enforcement.
This city has so much potential. We first need to get some new law and decision makers.
I think the Mayor is pretty open minded but seems to be always opposed when trying to make the right choices for the City.
How about developing the river front ? What a Marina we could have here! A boardwalk, riverfront Restaurants Other then The rip-off , Harbor Park.
Amway’s I’m now rambling off the subject.
I’ve been smoking for forty years and have NEVER been addicted to any type of drugs or ‘needed’ to get high.
Boy the sixties and seventies were great.
Relax the law’s. Stop testing people for Pot! The test sould be more for alcohol!!

Anonymous said...

To learn why many in law-enforcement across the country and around the world favor legalization of marijuana, go to:

http://www.leap.cc/cms/index.php

Anonymous said...

Any business in middletown generates money for middletown. Barring medical marijuana is short sighted. Having the cancer center and a medical marijuana dispensary near makes sense and is more
controllable. Why can't our town be more pro active along the lines of "if Ct decriminalizes marijuana, Middletown will issue licenses for a fee to dispense"
Our leaders cant see further than harbor park.