Pubdate: Wed, 09 Jun 2010
Source: Middletown Press, The (CT)
Copyright: 2010 The Middletown Press
Contact:  http://www.middletownpress.com/
Details: http://www.mapinc.org/media/586
Author: Kelly Ann Gore

POT ORDINANCE REJECTED BY ZONING BOARD

MIDDLETOWN - A proposed plan to prevent marijuana  dispensaries from
gaining grandfathered status in the  city was rejected by the Planning
and Zoning Commission  Wednesday.

According to the proposed zoning code text amendments,  the town would
have permitted primary use of the drug  under three exceptions - an
active hospital with more  than 50 beds, a pharmacy and a medical
clinic with more  than five practitioners. Distance requirements for
the  amendment do not allow the three exceptions to be  within 500
feet of a child care center, 500 feet from a  school, 100 feet from a
residential zone or within  1,000 feet of another marijuana dispensary.

"Perhaps we are getting ahead of the game," said  commissioner Barbara
Plume, who was against the  amendment from the start. "We really need
to take our  time and go over this more stringently."

Alternate Commissioner Ken McClellan had a similar
sentiment.

"Passing this in advance of any state or federal action  almost
implies that Middletown recognizes a medical use  for marijuana," he
said. "If we are going to regulate  this, we should also address where
it can be used. I  certainly don't want second-hand smoke of marijuana
  getting into my kids."

Commissioner Richard Pelletier disagreed.

"I don't believe addressing it says we are for it, but  we need to be
prepared for people who will be for it,"  Pelletier said.

City planners became concerned with limiting where  marijuana
dispensaries could be located in town as  neighboring states like
Rhode Island and Massachusetts  continue to take steps to consider
legalizing the use  of the drug. In a memo from the Department of
Planning,  Conservation and Development to the Planning and Zoning
Commission regarding the potential impact of medical  marijuana on the
town, the possible tax on marijuana is  tempting states like
Massachusetts to consider  legalizing marijuana completely.

Common Council member David Bauer spoke at the zoning  meeting to urge
on the side of caution in regard to  pre-emptive regulations on
legalizing the drug.

"Sometimes the best approach is incremental," he said.  "I'm concerned
with the reach you are going for with  this."

Some of the issues to be re-addressed in the future  would be to
include the cultivation of medical  marijuana in the amendment as well
as suggesting that  the Common Council consider ordinances regarding
the  consumption of the substance. Commission members also  suggested
a change to the restrictions in a residential  area from 100 feet to
500 feet.

"I think our commission really needs to focus on land  use," Chairman
Quentin W. Phipps said.

After the meeting, he assured that in the future the  commission will
address the amendment and come to a  conclusion.

"We are going to make sure we have regulations on  medical marijuana
on our books," he said. 
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