Pubdate: Tue, 03 Nov 2015
Source: Ridgefield Press, The (CT)
Copyright: 2015 Hersam Acorn Newspapers
Contact:  http://www.acorn-online.com/news/publish/ridgefield.shtml
Details: http://www.mapinc.org/media/4356
Author: Macklin K. Reid

MEDICAL MARIJUANA? JUST SAY NO

Concerns voiced by the first selectman, the police chief, the town 
social services director, and a state representative persuaded the 
Planning and Zoning Commission it might not be time for medical 
marijuana facilities in Ridgefield.

"From a law-enforcement perspective, do I want to see more and more 
people coming in, potentially driving under the influence?" police 
Chief John Roche said. "No, I don't."

The commission voted 6-to-2 Tuesday night, Oct. 27, to have Town 
Planner Betty Brosius put together a regulation prohibiting medical 
marijuana facilities in Ridgefield.

In discussion Sept. 29, the commission had seemed open to the idea, 
noting that medical marijuana is available legally in nearby Bethel.

Even after hearing worries of the police chief and other town 
officials, some commissioners still sounded open to medical marijuana 
facilities.

"What we're talking about here is people who have cancer, people who 
have serious diseases," said commission member Tim Dunphy.

"I just see so much resistance to this that's based on a bogeyman mentality."

A draft regulation is expected to be ready for the commissioners' 
review and vote next week, when they meet Wednesday, Nov. 4, since 
Tuesday night, when they usually meet, is Election Day.

Roche said opiate-based painkillers such as oxycodone show that 
legally prescribed drugs can still pose very serious problems.

"Can it be abused in prescription? Yes, it can," Roche said. "We see 
that now with the 'oxies.'"

First Selectman Rudy Marconi spoke of a recent meeting at the Leir 
Retreat Center, where Dr. Kevin Hill of McLean Hospital in Belmont, 
Mass., had led discussions.

The scientific case for marijuana's medical value isn't that strong, 
Marconi said.

"Although there may be some medical benefits, it's not clear yet," he 
said. "The clinical work hasn't been done."

Marijuana isn't a carefully manufactured commercial pharmaceutical, 
he said. The intoxicant "THC" may be at 3% to 5%, or it may be at 35% 
to 40%, he said.

"I'd rather wait until the jury is in, and the clinical trials have 
been done, and we make an informed and wise decision," Marconi said.

Recreational next?

What if the medical marijuana facilities were allowed in town, and 
then the state moved - as others have - to legalize recreational 
marijuana. Would local facilities say they could legally sell it?

Colorado collects a 3% tax on medical marijuana, but a 27% tax on 
recreational marijuana, Marconi said. That potential revenue could 
lead Connecticut to legalize recreational use.

State Rep. John Frey could envision the state moving from legal 
medical marijuana to legal recreational marijuana.

"I can tell you a dozen examples where the camel's nose is under the 
tent, and the camel's in," Frey said.

"There's a lot of money on the table," he said.

Frey thought marijuana could have medical value.

"I've heard enough anecdotal evidence, there's some truth it helps 
some patients," he said.

Town Social Services Director Tony Phillips said research on medical 
marijuana had not kept up with the politically based push for it.

"I want to be on the right side of science," he said. "I just don't 
think the science is there."

He described an article on The New York Times website that outlined 
problems arising from the fact that banks and credit card companies 
don't want to be involved in transactions for a drug that is still 
illegal under federal law - even if conflicting laws make it legal in 
individual states.

Medical marijuana facilities often have "armed guards" and "huge 
safes" because of all the money.

"This is an all-cash business. You have problems with an all-cash 
business," he said.

But the social service director said banking issues weren't his 
biggest concern.

"I'm more concerned with who's sitting across from me," he said. "The 
children I'm working with. The potential messaging."

Benefits overlooked

There were some commissioners who felt the drug's medical benefits 
shouldn't be overlooked.

"I know people who've used this. I've seen people die of AIDS," Dunphy said.

"There do exist palliative benefits. They do exist," said Phil 
Mische. "If we can separate the bogeyman and 'Reefer Madness' from 
the palliative care, we can do some good."

Dunphy said there were four or five pharmacies in town that sold much 
more dangerous drugs, like addictive opiate painkillers. "My 
understanding is more people die of OxyContin," he said.

Yet pharmacies sell that in town.

"I'm not going to vote for a regulation prohibiting it," said John 
Katz. "You send a message that you don't care."

Phil Mische joined Katz in voting against having Brosius drawn up a 
proposed regulation.

Draft rule

The draft regulation that Town Planner Brosius presented to the 
commission is pretty direct.

"Medical Marijuana Dispensaries and Medical Marijuana Production 
Facilities are prohibited in any zone within the Town of Ridgefield," it says.

As with many zoning regulations, it also had definitions:

"Medical marijuana dispensary - A place of business where marijuana 
may be dispensed or sold at retail to qualifying patients and primary 
caregivers, and for which the Connecticut Department of Consumer 
Protection has issued a dispensary facility permit ...

"Medical marijuana production facility - A secure, indoor facility 
where the production of marijuana occurs, and that is operated by a 
person to whom the Connecticut Department of Consumer Protection has 
issued a producer license ..."

Brosius told the commission a rule prohibiting medical marijuana 
facilities would need to say why.

She stated a few reasons she'd gathered were behind the commission's thinking:

The federal government does not yet recognize marijuana as a legal drug.

Evidence concerning marijuana's medical benefits is not conclusive.

The state, in passing the law allowing it, intended medical marijuana 
to be available on a regional basis, not in every town.

Medical marijuana is available in nearby Bethel.

Other states have approved both medical and recreational marijuana 
use, and it makes sense to wait for the results of those decisions.

"Any or all of these reasons are concerns that may change over time," 
Brosius said Wednesday, "and the commission always has the option to 
further amend the regulations if they decide that medical marijuana 
uses should be allowed in Ridgefield at some point in the future."

Interpretations

Joe Fossi was among the commission majority who wanted a regulation 
clearly stating that marijuana facilities weren't allowed in town.

Without one, he said, a dispensary could try to come in under a 
permissive interpretation of some regulations already on the books.

"In certain zones, we allow certain things. ... They could make an 
argument," he said.

Like most of the commission, he felt Ridgefield could prohibit the 
product without creating great problems for people who have a 
legitimate medical need for it, since there is already a medical 
marijuana dispensary operating in nearby Bethel.

"I don't see going to Bethel is particularly inconvenient," he said.

"If it's a convenience issue," he added, "Costco's convenient - we 
don't allow it. McDonald's is convenient - we don't allow it."
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MAP posted-by: Jay Bergstrom