Local Medical Marijuana Regulation – What do you think?
Posted on 06/07/2019

When Missouri voters passed Amendment 2 by 65% in November 2018, they amended the State constitution to:

  • allow the use of marijuana for medical purposes, and create regulations and licensing/certification procedures for medical marijuana facilities and the personal cultivation of medical marijuana;
  • impose a 4 percent (State) tax on the retail sale of medical marijuana to fund its regulation at the State level, and for health and care services for military veterans by the Missouri Veterans Commission;
  • limit the buffer between medical marijuana facilities and schools, daycares and churches to a maximum of 1,000 feet; giving local communities the authority to allow smaller buffer zones; and
  • prohibit local governments from creating “unduly burdensome” regulations, while also allowing local control over the location of medical marijuana facilities, as well as their hours and manner of operation.

The City Council and Planning and Zoning Commission have generally agreed not to restrict hours of operation for non-dispensary facilities, but to limit dispensary operations to 7 a.m.- 7 p.m., seven days a week. Existing zoning regulations apply to the extent authorized by the State (i.e., manufacturing and commercial activity already prohibited in residential-only zones, for example). Policymakers are not in agreement on whether the downtown area (also known as the Central Business District, or CBD) should have smaller buffer zones and, if so, whether those buffer zones should be 200 or 300 feet. Some Council members cite that marijuana, still illegal at the Federal level, should be as far away from our schools, daycares and churches as allowed within the law. Other policymakers want smaller buffer zones because they are eager to capture anticipated jobs and economic impact.   

At the June 3 City Council meeting, the City staff was tasked with preparing a zoning code amendment for review and recommendation by the Planning and Zoning Commission on June 12. Ultimately, it is up to residents and stakeholders to voice their opinion to their elected leadership and their volunteer, appointed Planning & Zoning Commission.

 

Should medical marijuana businesses be allowed within 1,000 feet of a school, daycare, or church?  Should the downtown or Central Business District have a smaller buffer than the rest of the city?

  • Attend the Planning & Zoning Commission meeting June 12 at 7 p.m. at City Hall
  • Attend the Council meeting July 1 at 5 p.m. at City Hall
  • Comment now at cityofcape.org/comment or take a survey 

Complete the online survey

VIEW MAPS of Buffer Zone Distances (click to enlarge)

buffer zone 200+   buffer zone 300+