Apopka City Council members, who banned medical marijuana dispensaries in September, have had a change of heart and now plan to allow them.
City commissioners last week discussed the prohibition and then voted unanimously to revisit the city ban on state-approved shops that dispense physician-prescribed, medical cannabis to qualified patients.
The second thoughts were driven by the Orange County Commission’s decision last month to allow cannabis dispensaries in unincorporated areas, some of which share borders with Apopka.
“We’re going to have it on our doorsteps whether we take action or not,” said Apopka Mayor Joe Kilsheimer, adding that he voted for the state amendment that broadened the legal, allowable uses for medical marijuana. “It makes no sense, not one bit of sense, for the city of Apopka to continue banning medical marijuana dispensaries.”
Seventy-one percent of Florida voters approved the medical-marijuana amendment in November 2016.
Several Central Florida governments have enacted dispensary bans, with local officials often citing restrictions placed upon them by the Legislature.
Under state rules adopted over the summer, local governments could ban medical marijuana dispensaries or treat them as they would a CVS, a Walgreen’s or other pharmacies. Those limited options meant marijuana dispensaries could pop up closer to churches and neighborhoods, sites that would likely spark a public outcry.
The result is a mixed bag for dispensaries.
Winter Garden and Winter Park don’t allow them; Mount Dora and Oviedo do.
Some who imposed temporary bans have said they’re still trying to figure out what to do.
Tavares City Council members recently voted to allow dispensaries in its core business districts, including downtown.
“At the end of the day, Tavares tends to be progressive — the first in Lake County to do things like allowing golf carts on streets, creating an entertainment district, building a seaplane base,” City Administrator John Drury said of the council’s decision. “I think that’s part of it.”
He also pointed out Tavares voters overwhelmingly supported the state amendment allowing dispensaries.
In June, Knox Medical opened a cannabis dispensary on North Orange Avenue in Ivanhoe Village, the first in Orlando. The city’s second dispensary, Trulieve, opened about a month ago on North Orange Blossom Trail.
In Apopka, City Commissioner Kyle Becker argued in favor of dispensaries.
“I believe medical marijuana to be much more beneficial to our responsible residents who depend on it as a safer alternative to legal opioids in their treatment of severe and sometimes terminal health ailments, than the unfortunate few who will undoubtedly attempt to abuse it,” he wrote in an appeal asking city leaders to reverse the ban.
About a dozen supporters of medical marijuana appealed to Apopka commissioners to reverse the ban, including many who made a similar pitch to the Orange County Commission.
Diana Brundage, 45, an Apopka mom, said medical marijuana has given her relief from the pain of rheumatoid arthritis she has endured for two decades.
“My only problem with medical marijuana is my access to it,” she said.
An Orlando dispensary often sold out of the product she wanted.
While Apopka council members unanimously supported the idea of allowing dispensaries in the city, they prefer that city staff draft a replacement ordinance with more zoning protections — which may not be possible because of the Legislature’s regulating restrictions. But final city action is expected in coming weeks.
Meanwhile, Orange County’s rules allowing medical marijuana dispensaries go into effect Monday.
County officials say they have fielded some inquiries about possible locations for dispensaries but have not yet received any formal applications.
By Stephen Hudak – Orlando Sentinel