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Sarasota imposes moratorium on medical marijuana dispensaries

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Medical marijuana dispensaries will not be allowed in Sarasota city limits for nine months as city leaders plan for the possible ramifications of voters passing Amendment 2 in November.

The City Commission endorsed the plan pitched by city legal and law enforcement officials late Monday to give those departments the opportunity to study how city zoning and building regulations should be applied to medical marijuana dispensaries.

“It is anticipated the amendment will pass,” Assistant City Attorney John Shamsey told the commission. “So, really, the rationale for the moratorium is just for the city, our office, the police and the zoning department to get together and figure out what’s going to be the best way to come up with a regulatory scheme that works and is fair and will allow this to be implemented in a way that everyone wants. We’re not looking to outlaw legal medical marijuana use in any way.”
Amendment 2 would expand Florida’s medical marijuana laws to permit doctors to recommend it to patients with a variety of conditions, such as cancer, epilepsy and post-traumatic stress disorder.
There are no medical marijuana dispensaries in Sarasota now, but if Amendment 2 passes, city officials expect soon after to be approached by businesses interested in opening one here.
But because of existing laws about marijuana, city zoning codes and regulations do not address any rules about dispensaries, Shamsey said. The Florida Department of Health is expected to issue guidelines, but they won’t be ready until at least June, he added.

A moratorium on the interim period between the potential approval of the amendment and further state regulations will give city and police officials an opportunity to better study to best apply the new law to Sarasota, Sarasota Police Lt. Randy Boyd said.

“Really all we’re trying to do is get out in front of it so we have the time to get it right here in Sarasota,” Boyd said.

The city regulates pain clinics differently than normal businesses, for example, prohibiting them from setting up near daycare centers and schools and requiring a separate registration, Shamsey said. That could be a likely model for defining, placing and regulating potential dispensaries in certain zoning districts across Sarasota, he added.

Commissioners agreed researching the topic needs to begin immediately. Their only hesitation was that the year-long moratorium originally proposed was too long, so they voted 4-1 to shorten it to nine months.

Only Commissioner Liz Alpert was against the moratorium because she argued it should be even shorter, at six months, to make ensure those who need medical marijuana have ready access to it if Amendment 2 passes.