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BOYNTON MAY DELAY MEDICAL POT SALES

City OKs 1-Year Ban on Medical Marijuana in Case Amendment Wins.

BOYNTON BEACH - Boynton Beach is leaning toward a temporary ban on medical marijuana businesses, joining several other cities across the state, including Boca Raton and North Palm Beach.

The moratoriums are in response to Amendment 2, which if approved by voters next month would greatly expand the use of medical marijuana across the state.

The Boynton Beach City Commission voted Tuesday to go forward with the one-year ban, and will hold two public hearings.  Today, North Palm Beach will have a first public hearing for a moratorium, also for one year.

In most cases, the cities plan the moratorium because they don't know what to expect.

"A lot of them maybe decided a moratorium might actually be better so they can wait and see if Amendment 2 passes, ( see ) the rules ( the Department of Health ) puts out and how the Legislature reacts to it," said Ryan Padgett, the assistant general counsel for the Florida League of Cities.  "A lot of cities are trying to do the best they can to get ahead of this and at the same time trying to be reasonable in how they're approaching it."

While the rules of the approved "Charlotte's Web" use of medical marijuana, which was passed in May, are clear, Padgett said Amendment 2 is not.

"Charlotte's Web" will go into effect Jan.  1, and five large nurseries across the state will be licensed to grow and distribute the medical marijuana, largely in pill and liquid form.  The strain of cannabis approved is non-euphoric.  It is used to treat pain from cancer and cancer treatments, seizures and epilepsy.

Each nursery will pay $150,000 for the license and post a $5 million bond.  It's not clear with Amendment 2 how many dispensaries would be allowed.  'A lot to consider'

"Unknown is how many of these do we want to have.  But at the same time, the ( Department of Health ) or the Legislature probably have to comply with what they're trying to do with Amendment 2, which is to allow greater access," Padgett said.

Places in Florida either looking at or having passed the ban include Boca Raton, Delray Beach, Boynton Beach and North Palm Beach in Palm Beach County, Titusville in Brevard County, Eustis in Lake County and Naples in Collier County.

Coconut Creek in Broward County was among the first to pass a moratorium.  Coconut Creek Mayor Lisa Aronson said the discussion started when she was asked by Realtors if the city was making preparations for where the businesses could open.  Staff started a study and decided a moratorium would be best.

The city has been approached by a prospective medical marijuana business owner, who is involved in the business in Colorado.  Also, two nurseries in Coconut Creek were at one point on the statewide list of possible dispensaries.

"It's really giving the staff time to evaluate appropriate locations where potential medical marijuana dispensaries could be located," Aronson said.

Boynton Beach Mayor Jerry Taylor said the moratorium will give the city time to watch what happens.

"So we know what the state says and we can adjust the zoning," Taylor said.  "We're just giving ourselves time to see what the state does and we can react to that."

Vice Mayor Joe Casello, who said he is in favor of medical marijuana, mentioned at a commission meeting months ago the topic should be discussed.  On Tuesday he said he is concerned about the locations of the dispensaries.

"I think medical marijuana used in the right context is a great tool.  What I'm not for is somebody stubbing a toe and going into these places getting relief for a stubbed toe," Casello said.  "There's a lot to consider here."

Commissioner David Merker said the drug should be sold in pharmacies.

The pill-mill effect

Cities across Florida have asked the League of Cities how to handle medical marijuana, Padgett said.  He added some are comparing it to the pill-mill explosion in the state.

"I haven't heard anyone say medical marijuana is like OxyContin or anything else.  The issue is ...  pill mills for cities; it just created some logistical headaches," Padgett said.  "You had a lot of people coming in from out of state.  I think that's really the issue: we don't know what this is going to turn into."

North Palm Beach Mayor Darryl Aubrey said the moratorium the council will discuss today is "primarily a precautionary measure."

The village is looking at a ban on issuing approvals for operation of dispensaries or treatment centers for one year.

Boca Raton will hold the first of two public hearings for a one-year moratorium Wednesday.  Delray Beach will consider a one-year moratorium at a first public hearing Oct.  21.

"Delray, like many other communities, is concerned about how this new industry might fit into the current zoning districts within the city," said Delray Beach City Attorney Noel Pfeffer.  "Which is exactly why you have a moratorium - to evaluate how and where this might be appropriate."