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Consistent with the City Commission’s expressed desire to prohibit new medical-marijuana businesses within Deltona, the city’s Planning and Zoning Board has signed off on a draft ordinance to ban additional marijuana dispensaries in Deltona. The ordinance goes before the commission Monday evening, June 2.
The board May 21 voted 6-1 to recommend that the City Commission adopt the new measure, which would scrap the ordinance passed in 2014 and still in place — but not for long.
“The ordinance is out of date with state regulation,” City Planner Jonathan Knight told the Planning and Zoning Board.
The 2014 law limited the placement of medical-marijuana dispensaries to operation in commercial zones as a conditional use, meaning special permission granted by the commission to operate. A state statute on medical-marijuana businesses limits the authority of local governments, such as cities and counties, to regulate them. Under the state law, cities and counties may ban such businesses outright, but they may not regulate them more strictly than they would regulate pharmacies or drugstores.
Deltona now has one medical-marijuana business, and another has applied to dispense such substances. Because the latter application was filed before the commission enacts a ban, the business would be allowed to open and operate under state law.
However, as the ordinance states, if the space taken up by a dispensary becomes vacant for as long as six months, that business or another medical-marijuana dispensary may not move in and begin operations once the ban goes into effect.
Even so, Planning and Zoning Board members noted there are other legal ways to obtain clinical cannabis. In other words, the ban on dispensaries in Deltona may not be as limiting as some think.
“With delivery options, you know, straight to the house, that, again, I know that that relief for them is still there,” David Stewart, member of the P&Z Board, said. “They have the benefit of that to access it. I’m not taking something away from them, the options are still there for those that need it.”
Another voice on the panel, Alternate Member Lori Warnicke, noted that surrounding cities have dispensaries that could service Deltonans.
“People with medical-marijuana cards have other options. We have two dispensaries now. Sounds like there are 20 in the county,” she said.
For example, Orange City has three such businesses.
As for Deltona, Warnicke added she and her colleagues should act on what they believe is best for their city.
“We cannot let emotions get in the way. We need to make a decision based on, Do we think we have the right ratio [of dispensaries] for our town? Yes or no,” she concluded.
The ordinance to ban new medical-marijuana outlets within the city limits must pass on two readings to go into effect. Each vote follows a public hearing on the proposed ordinance.
If a majority of the commission voted for the measure at the upcoming meeting, it will be offered up for a second public hearing in July. Passage of the ordinance on second reading makes it law.
The City Commission convenes at 6 p.m. Monday, June 2, for public comment, at Deltona City Hall, 2345 Providence Blvd. The commission will come to order for official business on its agenda at 6:30 p.m. The meetings are open to the public.
”}]] Consistent with the City Commission’s expressed desire to prohibit new medical-marijuana businesses within Deltona, the city’s Planning and Zoning Board has signed off on a draft ordinance to ban additional marijuana dispensaries in Deltona. The ordinance goes before the commission Monday evening, June 2. The board May 21 voted 6-1 to recommend that the City Read More
