Pubdate: Sun, 19 Oct 2014
Source: Sarasota Herald-Tribune (FL)
Copyright: 2014 Sarasota Herald-Tribune
Contact: http://www.heraldtribune.com/sendletter
Website: http://www.heraldtribune.com/
Details: http://www.mapinc.org/media/398
Author: Michael Pollick and Ian Cummings

CITY OF SARASOTA LOOKS AT POT OPERATION MORATORIUM

SARASOTA - Sarasota County and the City of North Port are scurrying to
get marijuana ordinances on their books before the Nov. 4 election,
part of a growing number of local governments in Florida that are
advancing rules ahead of the statewide vote on legalizing medical marijuana.

The City of Sarasota, meanwhile, is considering a yearlong moratorium
on any marijuana endeavors ahead of the vote on Amendment 2.

The City of Palmetto led the way in Southwest Florida last month, with
the passage of a new law that prohibits any medical marijuana
operations from its downtown and would force potential purveyors to
seek permission from city commissioners.

If Amendment 2 passes with 60 percent of the vote early next month,
the Florida Department of Health would then have until October 2015 to
establish rules and regulations for patients, caregivers, growers and
dispensaries.

Current polls show the vote will likely be close. Most recently, a
Tampa Bay Times and University of Florida poll predicted the
constitutional amendment would go down to defeat. Other polls say the
amendment will be passed with as much as 69 percent of voters in favor.

In North Port and in unincorporated areas of Sarasota County, the goal
appears to be to establish restrictions on marijuana-related
businesses in advance of the vote that would allow residents to use
marijuana for medical purposes when recommended by a licensed physician.

Some local governments, however, like Bradenton and Manatee County,
are taking a wait-and-see approach.

"At this time we don't have any ordinances in the pipeline," said
Bradenton City Attorney William Lisch.

"Even if it does pass, it is going to be a while before they get the
rules and regulations."

Buying time

Sarasota County has chosen to be more proactive.

Under a 26-page draft ordinance, the first hearing on which was Oct.
8, the county would prevent any outdoor growing; keep farms,
processors and dispensaries separate; and prohibit dispensaries from
selling "drug paraphernalia" such as pipes, bongs and vaporizers.

"What we are trying to accomplish with this is, should medical
marijuana pass on Election Day, is to have some regulations in place
already to help limit the impact to some of the surrounding areas,"
said Sarasota County spokesman Jason Bartolone.

One of the more restrictive clauses of the proposed county ordinance
involves growing marijuana.

"Outside cultivation of Cannabis shall be prohibited. Areas of
cultivation shall only be within a closed structure or greenhouse,"
the proposed ordinance states.

The ordinance also includes other limitations involving loitering,
drive-throughs or alcohol consumption around marijuana
dispensaries.

In North Port, city commissioners may vote on a proposed ordinance at
a meeting scheduled for Oct. 21.

"We've set it up as a special meeting," said North Port City Manager
Jonathan Lewis. "So if they decide to vote on it, they can."

North Port attorney Mark Moriarty said even if a vote occurs, it
wouldn't take effect until late November or early December.

In some respects, North Port's ordinance goes even farther than
Sarasota County's.

"The way it is drafted now, there would be no cultivation in North
Port," said Moriarty. "You can have a dispensary, but no
cultivation."

He said he modeled North Port's ordinance after those being
contemplated in Sarasota County and from those passed in Winter Park.

On Monday , the Sarasota City Commission will discuss its proposed
moratorium.

Inspired by an ordinance being considered in Boca Raton, Sarasota
would halt all medical marijuana treatment centers and dispensaries
from opening for one year.

Vice Mayor Susan Chapman asked that the issue be placed on the City
Commission agenda for discussion. Chapman said she was following the
example of other cities in Florida.

"When I attended the Florida League of Cities meeting last week, it
was mentioned that several Southeast Florida communities are adopting
such short term moratoriums to give the cities time to carefully and
thoughtfully pursue the planning and zoning issues," Chapman wrote in
an e-mail.

The moratorium, if passed, would give the city government's zoning and
planning offices time to address a new law.

It also would avoid wasting city staff time, said City Attorney Bob
Fournier.

"If it doesn't pass, then obviously that discussion is academic,"
Fournier said.

Fournier added the moratorium could be voted on by the commission by
Dec. 1, and passed by the first week of January.

Members of the Florida League of Cities' committee were sent the draft
of Boca Raton's proposed ordinance.
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MAP posted-by: Matt