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MILTON, Ga. — The Milton City Council voted unanimously Aug. 5 to ban retail businesses from selling consumable hemp products and unregulated marijuana products citing public safety concerns.
The decision follows a months-long process that began with a May moratorium to prohibit new retail stores from selling unregulated marijuana substitutes like Delta-8 and consumable hemp products while staff worked on the code amendment.
No residents spoke for or against the measure during the Aug. 5 public hearing or at two input meetings held over the summer.
City staff said they have worked closely with City Attorney Ken Jarrard and the Milton Police Department to ensure the Unified Development Code amendment provides the ability to enforce and prosecute offenders.
First, staff and the Planning Commission approved new definitions of consumable hemp and unregulated marijuana products.
The new definitions are a sweeping ban against any product derived from the Cannabis sativa plant, whether it violates state law or not.
The Aug. 5 vote prohibits retail sales in all zoning districts, including the Crabapple and Deerfield form-based codes.
Interim Community Development Director Diane Wheeler said it’s a staff-generated initiative, and she invited Police Chief Jason Griffin to explain the reasoning.
“In the past, the Police Department and our Municipal Court have had some issues with prosecution under the original city ordinance, specifically for Delta-8 products with elevated THC levels,” Griffin said. “Mostly due to the 2018 Farm Bill that was passed that legalized most of these products.”
THC, or tetrahydrocannabinol, is the compound that gives marijuana users their high. Griffin said some manufacturers do not correctly label products and misrepresent THC concentration.
“It was decided the best path to combat the issue was through zoning,” he said. “The city currently has two main stores that sell consumable hemp products.”
One is off Ga. 9 and the other on Windward Parkway.
City Councilman Phil Cranmer confirmed that the two existing stores are grandfathered in as legal but nonconforming uses.
No new businesses will be allowed to sell the two product types.
Georgia Senate Bill 494, requiring every retail location to be licensed, goes into effect Oct. 1 and includes more regulations for such establishments like packaging guidelines and Department of Agriculture inspections.
“We believe zoning is the best way to combat the issue of these stores popping up everywhere,” Griffin said.
”}]] The Milton City Council voted unanimously Aug. 5 to ban retail businesses from selling consumable hemp products and unregulated marijuana products citing public safety concerns. Read More