Cape officials compromise on medical marijuana facilities

Medical-marijuana dispensaries would be allowed within 500 feet of schools, day cares and churches if Cape Girardeau's planning and zoning commission has its way.

The commission, which last month recommended the council adopt a 1,000-foot buffer zone as originally proposed by city staff, changed its mind Wednesday.

Commissioners, by a 7-1 vote, called for the less-restrictive buffer zone. The recommendation would restrict dispensaries to four nonresidential zones: two commercial zones, the central business district and light industrial.

Chairman Jeff Glenn cast the lone dissenting vote. Commissioner Larry Dowdy was absent from the meeting.

All other medical-marijuana businesses, including cultivation, manufacturing, transportation and testing facilities would not be allowed within 1,000 feet of schools, day cares and churches, the commission recommended.

In contrast, Jackson's planning commission voted Wednesday to allow medical-marijuana businesses within 100 feet of churches, schools and state-licensed day cares.

Ward 1 Councilman Daniel Presson and Ward 4 Councilman Robbie Guard said recently they want to implement a 200-foot buffer zone in the central business district. The two councilmen have said the 1,000-foot buffer would prevent dispensaries from being located downtown. But planning commissioners said they opposed implementing a less-restrictive zone for one area of the city, but not others.

At Wednesday's meeting, city planner Ryan Shrimplin showed a map indicating a 500-foot requirement would allow dispensaries in some downtown areas.

Before voting, the planning commission heard from nine residents and local employers, most of whom objected to a 1,000-foot buffer.

Cape Girardeau businessman Eric Gooden said he owns a vacant building in the 1800 block of Broadway four blocks west of the central business district. As a result, even if the 200-foot limit was allowed in the central business district, he would not be able to lease the building to a marijuana dispensary.

Gooden told the commission he favors having the same buffer zone apply to all the zones where dispensaries would be allowed.

"I think it is inconsistent," he said of the proposal made by councilmen Presson and Guard. "I think it is unfair."

Attorney Nancy Browne said she has several clients who have been approached about leasing buildings to dispensary operations.

She said a 1,000-foot limit would force dispensaries to be located largely on the city's more industrial west side. "It doesn't make sense to put it in a manufacturing zone," she told the commission.

Browne said she favored a 500-foot limit.

She said she was concerned that a 1,000-foot restriction would lead marijuana businesses to locate in other communities, including Jackson.

But Glenn, who chairs the Cape Girardeau commission, said he still preferred a distance of 1,000 feet, which is the maximum buffer zone allowed under a constitutional amendment Missouri voters approved last year in legalizing medical marijuana.

The Cape Girardeau commission's recommendation now goes to the City Council, which is expected to vote on the zoning issue next month.

Business editor Jay Wolz contributed to this story.

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