To be ready for the possible passing of Amendment 2 (Florida Right to Medical Marijuana Initiative) in November, the Hernando County Board of County Commissioners (BOCC) held the first public hearing on April 26th to consider an ordinance amending land development regulations to provide requirements for growers of medical marijuana.
Assistant County Administrator Ron Pianta presented to the commissioners the intended changes to the existing ordinance, which will set locational standards for cultivation facilities and dispensaries. The Planning and Zoning Commission voted 5-0 to recommend approval.
Should Amendment 2 pass on November 8th, a 12-month moratorium on building cultivation facilities or dispensaries will be in place. This will allow officials to study other municipalities approaches and to consider what will work best in Hernando County. Sheriff Al Nienhius acknowledged that other counties have instituted this process, and considers a year-long study prudent.
The proposed changes will require a Certificate of Use to open a cultivation facility or dispensing facility. Proof of ownership of the property intended for cultivation or dispensing will be required, or an affidavit from the owner acknowledging that they are aware that the property will be used for such purposes. Additionally, a listing of those who will be managing or operating the facilities will be required, and each will undergo a background check provided by the Hernando County Sheriff’s Office (HCSO).
Commissioner Wayne Dukes raised the question of taxpayer impact due to “hidden cost of supervision”, and asked that administrative officials work with the Sheriff’s officials to prepare to answer this question in the future.
So far, the county would benefit from licensing and fees, with the Hernando County Planning and Zoning Commission being the licensing agency for cultivators and dispensary operators. The proposed initial license fee will be $5000.00, with an annual renewal of $2500.00. Personnel changes will result in a $500.00 fee to cover costs of additional background checks. Applications for licensure will be denied or revoked due to false or missing information, failure to allow inspection, or failure to notify the county of any changes in ownership, management or personnel.
The current zoning restrictions allow cultivation and dispensary facilities to be opened and operate in commercial and industrial zones. There is no provision in the current ordinance to allow for operation in properties zoned as agricultural.
Alex Hill owns a 20-acre livestock and produce farm in Masaryktown. Hill worked for a ‘seed to sale’ medical marijuana facility in northern California for a year, and raised the question of the zoning requirements of the cultivation facilities excluding agricultural properties from being able to apply for permits. The current language in the ordinance mandates facilities have no outdoor seating, and all activities be held in a completely enclosed building with a minimum area of 5000 square feet.
Hill challenged the restriction in his statement, “I believe not allowing cultivation facilities on agricultural land will negatively impact the county and what the county is trying to achieve with the hard work that is already being done to get a new ordinance in place in preparation of Amendment 2 passing in November.” He went on to say that “If there’s a concern about not wanting outsiders to buy (agricultural land) for the specific use of cannabis cultivation, then there could be stipulations put into place…”
Commissioner Wayne Dukes, “To say that a farmer can’t do it, because we want it in a building — that doesn’t really sound right.” Dukes went on to say that properties zoned agricultural could also be regulated.
Pianta stated that this could “open up unlimited facilities” and cause problems for regulators.
Commissioner Nick Nicholson stated that he agreed with Dukes, and went on to say that the exclusion of agriculture-zoned land, or ‘Ag-Land’ “stifles competition” and agrees that regulation and oversight can be expanded to include these zones.