- April 24, 2024
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A proposal to allow medical marijuana in all of the areas the county allows pharmacies — while simultaneously restricting pharmacies to commercial, residential-commercial and industrial zoning areas — has been discussed repeatedly in the past by the County Commission.
Still, the issue split the commission and passed narrowly by a 3-2 vote Nov. 6 after one commissioner proposed further limiting the areas in which medical marijuana facilities could be built. That would have meant also limiting pharmacies, because state law doesn't let counties and cities place any zoning restrictions on medical marijuana facilities that they don't also place on pharmacies. So far, it's been a non-issue: The county's ordinance would only affect unincorporated areas within the county‚ and not any land that falls within a city's limits — and there aren't any pharmacies in unincorporated Flagler.
But Commissioner David Sullivan had concerns about allowing medical marijuana facilities near residential areas. He wanted to require them to be at least 500 feet away from single-family homes.
"Over the years — it's going this way in the country — there will be more and more availability to access marijuana, by non medically-needing people," he said. "I am in no way challenging the constitutional amendment ... I want people to have access who need it, medically ... but I do think looking at it in a long-term process, that adding 500 feet from single-family homes to our amendment, even though it does apply to all pharmacies, is still a valid thing to do looking out for the security of our families and safety in the future. … all I’m saying is just to provide a little bit of additional safety for our families."
That could cause issues, County Administrator Craig Coffey said: It would mean that regular pharmacies would have to be subject to the same restrictions, potentially limiting their ability to build in populated areas like The Hammock. There are limited plots of land that would be in the correct zoning area and also at least 500 feet away from a home.
"From a practical standpoint, staff would recommend that you either ban (medical marijuana facilities) outright or go with the simpler standards that you have today," Coffey said.
Adding the 500-foot requirement would have the effect of all-but banning both medical marijuana facilities and pharmacies, he said.
"It would be more clear to ban (medical marijuana facilities) outright and just leave pharmacies where they are," he said.
Although a city or county that allows medical marijuana facilities may not legally subject them to zoning restrictions stricter than those for pharmacies, municipalities are allowed to ban medical marijuana facilities outright.
Sullivan made a motion to add the 500-foot requirement to the county ordinance, but no one else on the commission supported the change.
A motion to pass the ordinance as written — without the 500-foot restriction — passed 3-2, with Sullivan and Commissioner Charlie Ericksen dissenting.
