Palmetto residents will get one last say on medical marijuana and noise levels

Though one of the first cities to begin discussing enacting a ban on medical marijuana dispensaries in August, Palmetto is the last city in Manatee County to begin action on finalizing a ban.

Commissioners approved a first reading of the ban Monday night and set a final public hearing for Nov. 6. The Florida Legislature gives municipalities an easy out by allowing a ban or allowing dispensaries by regulating them as pharmacies with a requirement to be 500 feet away from a school.

Palmetto began discussing the ban after Manatee County approved dispensaries in unincorporated areas of the county. The county’s approval seemed to encourage the cities to opt out of taking part in what 71 percent of Florida voters approved, including 70 percent of Palmetto voters.

Commissioner Tamara Cornwell said those numbers needed to be represented in the conversation, and as a teacher she has seen the benefits of medical cannabis treat young students suffering from seizures. However, Cornwell said Palmetto is not in a position to become an experiment while regulatory issues remain.

“This is so young,” Cornwell said. “The city of Palmetto, being a small city, I doubt we have the ability to be the first step in this. We need to represent our constituents and know what their voice is, but let’s see how this pans out before moving forward.”

Bradenton’s decision to ban dispensaries had more to do with the uncertainty of the industry’s regulatory future as well, including a controversial decision to ban smoking, which has drawn the legal ire of lawyer John Morgan, of Morgan & Morgan, who helped fund the legalization effort. City attorney Bill Lisch said the ban makes sense, at least for now, until the legal turmoil and uncertainty in Tallahassee subsides.

The one exception is Trulieve, which celebrated its grand opening in September in the 1100 block of 14th Street West. Trulieve filed permits to open the dispensary prior to the 2016 election and was grandfathered in, having beaten a previous dispensary moratorium deadline.

Palmetto’s final decision is much like Bradenton’s wait-and-see approach, indicating that once everything is resolved, the ban could potentially be revisited in the future.

Drug Free Manatee Director Sharon Kramer said the ban is the right thing to do. All three of the Anna Maria Island cities have initiated a ban, and Longboat Key will likely do the same next month.

“There is no downside to rushing expeditiously into this,” Kramer said. “Think about the unintended consequences and wait to see what comes out of the 2018 legislative session and the three lawsuits that could have an impact.”

Palmetto Mayor Shirley Groover Bryant said it was a mistake for the Legislature to tackle this issue on its own. By doing so, lawmakers have essentially forced municipalities into this situation.

“I would hope the Legislature will wake up and return home rule to the municipalities and the counties,” Bryant said. “What they’ve done in this instance is egregious, totally egregious.”

The commission also scheduled for Nov. 6 a second and final public hearing on a new noise ordinance with a proposed decibel level of 75 in areas of the city not zoned strictly residential, which would remain at 65. Nonresidential hours would be from 7 a.m. until 10 p.m. on weekdays and until midnight on weekends and holidays, at which time levels must drop to 65.

This story was originally published October 16, 2017 at 9:04 PM with the headline "Palmetto residents will get one last say on medical marijuana and noise levels."