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Locations of Medical Marijuana Dispensaries, Farms, and Production Facilities in City Set to be Determined

By Jeff Toquinto on September 22, 2020 via Connect-Bridgeport.com

It is not a question of if Bridgeport will have medical cannabis, or marijuana, dispensaries and the related growing and processing facilities that come with it, but rather a question of when and where.
 
The when will be answered eventually by the State of West Virginia. The answer to where got a start last week in front of the Bridgeport Planning Commission.
 
During last Monday’s meeting of the board, the group took the first step of where medical growing and processing facilities, along with dispersaries, can be located within the corporate limits. The Commission can shape the determination of that through planning and zoning, which the board is tasked with.
 
Although medical marijuana is not new, the steps needed for it to be dispersed in the state is still not fully functional. According to Bridgeport Community Development Director Andrea Kerr, usage on the health front was passed as the “medical cannabis act” in 2017 by the West Virginia Legislature.
 
In 2019, the same act, she said, permitted the bureau of public health to issue patient and caregiver identification cards necessary to obtain medical cannabis beginning in July of that year. While state officials have said it is still coming, those two steps are the only steps that have been taken to this point, confirmed Planning Commission Attorney John Ashcom.
 
“With the city’s current zoning, we don’t really have anything in place where medical cannabis can be grown, process, dispensed, sold, etc. The general basis of this ordinance would put some restrictions on where it’s grown and processed and distributed within the city limits,” said Kerr.
 
The ordinance, as presented to the Commission, would only allow the growing portion of the medical cannabis to take place in two areas, according to Ashcom. He spelled out locations for the production and dispensing of the product that are proposed in the ordinance that still needs Planning Commission and then City Council approval.
 
“As drafted, the growing would be permitted in the I-1 (Industrial) and A-1 (agricultural) zones. Producing would be allowed in the I-1 zones only,” said Ashcom. “Dispensaries would only be permitted as a special use in B-2 zones (Business-2, or large-scale commercial business), which would give the Board of Zoning Appeals authority to put some restrictions on it. In addition to that, the state already has some restrictions on dispensaries.”
 
Ashcom said the state restrictions include being located at least 1,000 feet from public, private or parochial schools; daycare facilities, and other places such as churches.
 
“That’s all stuff that can be handled through the Board of Zoning Appeals,” said Ashcom.
 
Kerr said there are already entities wanting to put dispensary locations throughout Bridgeport. Legislation, however, requires zoning letters signed off on by Kerr with the address of the dispensary included. That, she said, is one of the reasons an ordinance needs to be done.
 
“It would be easier for me to say, ‘yes this is permitted’ or ‘no this is not permitted in this specific area,’” said Kerr.
 
Kerr said prior to the COVID-19 calls requesting information were coming in “every other day.” She said since that time, the calls have dissipated a bit.
 
The Commission did not decide on zoning protocols last week. Regardless, the state will regulate the process once the city decides where the locations for the above-mentioned entities can go. And due to it being allowed by the state, the city must require places where it can take place.
 
“The state is regulating all of it. They issue permits. They have to apply to the state and the state will issue them a permit after meeting all the prerequisites,” said Ashcom.
 
Ashcom also said medical cannabis requires both growth and processing facilities to be enclosed. He also said they are required to have proper security systems in place pursuant to state law.
 
The matter of location will be listed on an upcoming Planning Commission agenda. Although the matter does not legally require a public hearing, Commission member and City Council representative Bob Greer suggested it would be a good idea.
 
“I would just assume to have a public hearing just to hammer out any issues that could arise before it goes before City Council then we can have a clean product at City Council. When we hold our public hearing there it could be a non-event,” said Greer, whose suggestion was readily agreed upon by all members in attendance.

Meetings are generally held the first Monday of each month at 4 p.m., placing the next meeting Oct. 5. However, due to the need to advertise a public hearing, it will likely take place Nov. 2 at 4 p.m.
 
Editor's Note: Top photo shows Community Development Director Andrea Kerr, while Planning Commission Attorney John Ashcom is shown below.


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