Palm Coast plans moratorium on medical marijuana, pending state regulation

The nine-month moratorium will give the city an opportunity to wait for upcoming state regulations before enacting local regulations that might conflict with state policy.


City Councilman Robert Cuff (Photo by Jonathan Simmons)
City Councilman Robert Cuff (Photo by Jonathan Simmons)
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Palm Coast is planning to place a nine-month moratorium on the construction or operation of medical marijuana facilities within the city limits. 

“The concept is that until we know what we’re doing at that state level, it is not good for us to try to address it at all,” City Manager Jim Landon told City Council members at a Dec. 13 City Council workshop. No votes are held at workshops.

The workshop was held a week after the Flagler County Commission opted to pass a similar moratorium, for six months, on medical marijuana facilities within unincorporated areas.

The rationale in both cases was much the same: The state might enact regulations on medical marijuana facilities, and if the city (or the county) acts before the state does, it could find its own regulations in conflict with statewide regulations. 

Part of the issue will concern zoning, City Attorney Bill Reischmann said. Medical marijuana facilities might be dispensaries, treatment centers or growing facilities, he said. 

“Right now, where would you put that? Would you put that in store-front? Would you put that in industrial? Would you put that in agricultural?”

City Councilman Nick Klufas noted that other states have already dealt with these issues. 

“Don’t we have the opportunity here to plan where want to put it, so we can be in the forefront of where we want to go with this, rather than sitting in the back seat?” he said. 

“We’re going to need to have that local discussion,” Landon said, “But we think the local discussion is too early to get started, because we can come up with one thing, and the state comes up with something totally different.”

Councilman Robert Cuff echoed Klufas’ concerns. “I hate to see us just sit on our hands for nine months … for two stone tablets to come down from Tallahassee,” he said. 

Mayor Milissa Holland suggested bringing the issue up at the next legislative delegation meeting. 

 

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