Officials discuss amending medical marijuana dispensary zoning law

While they are not taking any action yet, members of the Springfield Ordinance Sub-Committee hope to generate discussion on recommending a reversal of a zoning regulation amendment which prohibits marijuana dispensaries in Springfield.

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2016-06-09 / Front Page Officials discuss amending medical marijuana dispensary zoning law By Tory Jones Bonenfant toryb@eagletimes.com Springfield Police Chief Douglas Johnston speaks on the possibility of allowing medical marijuana dispensaries in Springfield. — TORY JONES BONENFANT Springfield Police Chief Douglas Johnston speaks on the possibility of allowing medical marijuana dispensaries in Springfield. — TORY JONES BONENFANT SPRINGFIELD — While they are not taking any action yet, members of the Springfield Ordinance Sub-Committee hope to generate discussion on recommending a reversal of a zoning regulation amendment which prohibits marijuana dispensaries in Springfield. “It’s good that we have a discussion about it locally,” said Ordinance sub-committee member Walter Martone. “I see no harm in us getting kind of ahead of the curve, beginning with this conversation.” Springfield Selectboard members Martone and George MacNaughton both indicated at an ordinance sub-committee meeting on Wednesday, June 8 that they would like to open a discussion in advance of the Vermont state legislature possibly taking another look in the future at marijuana legalization. It was not due to any request from a potential incoming business, McNaughton said, but to plan ahead. “The legislature made sausage of the marijuana reform,” said McNaughton, who said that he is personally in favor of legalizing marijuana in general. “I’m not keen on medical marijuana, myself,” he said, adding that he feels it may actually impede the state’s efforts to legalize it. “But if the legislature was going to follow Colorado regimes, I didn’t want Springfield to lose out on revenues because we opted out of medical marijuana.” McNaughton is referring to a 2012 public hearing for Springfield zoning regulations in which the Planning Commission recommended an amendment to bylaws to exclude medical marijuana dispensaries as defined in Title 18 VSA Chapter 86 from all zoning districts in the town. That amendment was approved in 2012. McNaughton and Martone were hoping to have a discussion on repealing an ordinance that prohibits dispensaries. However, at this time, medical marijuana dispensaries are prohibited in the town due to a “prohibited use” zoning regulation, and not due to an ordinance, therefore it is out of the Springfield Selectboard’s hands at this time, McNaughton said. “The ordinance committee, at this point, doesn’t have jurisdiction,” McNaughton said. Springfield Police Chief Douglas Johnston attended the meeting and voiced his opinion that he does not support changing the zoning regulations to allow dispensaries. Johnston said that the Vermont legislation is struggling with the health care system. “How are they going to get their act together on medical marijuana?” he said. The police chief said there is “a lot to consider,” and that the Department of Public Safety could end up dealing with an influx of homeless individuals who may come to the state because Vermont’s welfare benefits supercede those in neighboring states. The move to allow dispensaries, he said, “may attract people you don’t want to attract.” Springfield Planning and Zoning Administration Officer Bill Kearns said that the “prohibited use” zoning regulation in all districts in town could be changed. There are two ways to opt out of allowing dispensaries in municipalities, and that is either through an ordinance put in place by a selectboard, or an amendment to zoning regulations, he said. Springfield did the latter in 2012. To change that, the selectboard would have to bring a recommendation to the Planning Commission, an independent body, and the Commission would then work on it and have a public hearing to collect feedback. If they adopted new language at that point, they would pass it forward to the Springfield Selectboard, he said. However, the change could be made with enough citizens stepping forward, according to Kearns. If the planning commission decided not to reverse the amendment that currently prohibit dispensaries, but at least 5 percent of registered voters turned in a petition to remove that amendment, then the matter would go the the Planning Commission for discussion and feedback — but not action — and then it would go directly to the Selectboard for their review and to take action, Kearns said. McNaughton and Martone both said they hope to continue stimulating community discussion on changing the zoning law, once the state legislature takes a new look at marijuana laws. The ordinance sub-committee may only bring the matter up again toward the end of the summer, Martone said, so as not to interfere with or sacrifice more priority matters, such as finalizing the town plan.