Pubdate: Sun, 19 Oct 2014 Source: Sarasota Herald-Tribune (FL) Copyright: 2014 Sarasota Herald-Tribune Contact: http://www.heraldtribune.com/sendletter Website: http://www.heraldtribune.com/ Details: http://www.mapinc.org/media/398 Author: Michael Pollick and Ian Cummings CITY OF SARASOTA LOOKS AT POT OPERATION MORATORIUM SARASOTA - Sarasota County and the City of North Port are scurrying to get marijuana ordinances on their books before the Nov. 4 election, part of a growing number of local governments in Florida that are advancing rules ahead of the statewide vote on legalizing medical marijuana. The City of Sarasota, meanwhile, is considering a yearlong moratorium on any marijuana endeavors ahead of the vote on Amendment 2. The City of Palmetto led the way in Southwest Florida last month, with the passage of a new law that prohibits any medical marijuana operations from its downtown and would force potential purveyors to seek permission from city commissioners. If Amendment 2 passes with 60 percent of the vote early next month, the Florida Department of Health would then have until October 2015 to establish rules and regulations for patients, caregivers, growers and dispensaries. Current polls show the vote will likely be close. Most recently, a Tampa Bay Times and University of Florida poll predicted the constitutional amendment would go down to defeat. Other polls say the amendment will be passed with as much as 69 percent of voters in favor. In North Port and in unincorporated areas of Sarasota County, the goal appears to be to establish restrictions on marijuana-related businesses in advance of the vote that would allow residents to use marijuana for medical purposes when recommended by a licensed physician. Some local governments, however, like Bradenton and Manatee County, are taking a wait-and-see approach. "At this time we don't have any ordinances in the pipeline," said Bradenton City Attorney William Lisch. "Even if it does pass, it is going to be a while before they get the rules and regulations." Buying time Sarasota County has chosen to be more proactive. Under a 26-page draft ordinance, the first hearing on which was Oct. 8, the county would prevent any outdoor growing; keep farms, processors and dispensaries separate; and prohibit dispensaries from selling "drug paraphernalia" such as pipes, bongs and vaporizers. "What we are trying to accomplish with this is, should medical marijuana pass on Election Day, is to have some regulations in place already to help limit the impact to some of the surrounding areas," said Sarasota County spokesman Jason Bartolone. One of the more restrictive clauses of the proposed county ordinance involves growing marijuana. "Outside cultivation of Cannabis shall be prohibited. Areas of cultivation shall only be within a closed structure or greenhouse," the proposed ordinance states. The ordinance also includes other limitations involving loitering, drive-throughs or alcohol consumption around marijuana dispensaries. In North Port, city commissioners may vote on a proposed ordinance at a meeting scheduled for Oct. 21. "We've set it up as a special meeting," said North Port City Manager Jonathan Lewis. "So if they decide to vote on it, they can." North Port attorney Mark Moriarty said even if a vote occurs, it wouldn't take effect until late November or early December. In some respects, North Port's ordinance goes even farther than Sarasota County's. "The way it is drafted now, there would be no cultivation in North Port," said Moriarty. "You can have a dispensary, but no cultivation." He said he modeled North Port's ordinance after those being contemplated in Sarasota County and from those passed in Winter Park. On Monday , the Sarasota City Commission will discuss its proposed moratorium. Inspired by an ordinance being considered in Boca Raton, Sarasota would halt all medical marijuana treatment centers and dispensaries from opening for one year. Vice Mayor Susan Chapman asked that the issue be placed on the City Commission agenda for discussion. Chapman said she was following the example of other cities in Florida. "When I attended the Florida League of Cities meeting last week, it was mentioned that several Southeast Florida communities are adopting such short term moratoriums to give the cities time to carefully and thoughtfully pursue the planning and zoning issues," Chapman wrote in an e-mail. The moratorium, if passed, would give the city government's zoning and planning offices time to address a new law. It also would avoid wasting city staff time, said City Attorney Bob Fournier. "If it doesn't pass, then obviously that discussion is academic," Fournier said. Fournier added the moratorium could be voted on by the commission by Dec. 1, and passed by the first week of January. Members of the Florida League of Cities' committee were sent the draft of Boca Raton's proposed ordinance. - --- MAP posted-by: Matt