Jackson aldermen discuss recreational marijuana zoning

Voter approval of recreational marijuana in Missouri will require Show Me State municipalities, such as Jackson, to make some decisions.

Jackson's Building and Planning manager Janet Sanders prepared a three-page memo for city aldermen to review in their study session Tuesday, Jan. 3, laying out questions for city officeholders to answer when it comes to zoning.

Among those queries are the following:

Questions

• Should recreational marijuana businesses be allowed in all the same zones we currently allow medical marijuana? Medical marijuana businesses, Sanders noted, are treated for zoning purposes just like drug stores.
• What "separation distances" should be set? For medical marijuana facilities, Jackson's zoning code reduced the state law minimum distance from 1,000 feet to 500 feet from schools, churches and day care operations. Sanders' memo points out some marijuana manufacturing processes use chemicals with hazardous or explosive properties.
• Should "smoking lounges," "consumption lounges" or other opportunities for public consumption be allowed in certain locations? Sanders identifies these as locations open to the public, not personal property. Possible options include as part of a dispensary, as part of restaurants or other retail venues, public streets, parks.
• Should membership-only "marijuana clubs" for consumption by members be added as an allowable business in specific zoning districts?
• Should hours of operation be addressed in any comprehensive facilities or any allowed consumption locations?

Sanders' memo identifies a "comprehensive facility" as those venues licensed by the state to handle both recreational and medical marijuana. She also notes establishing hours of operation would not apply to personal property.

Study sessions are for aldermanic discussion only. Decisions, via voting, are reserved for regular sessions.

Of note

• Existing licensed medical marijuana facilities were able to apply Dec. 8 to have their licenses converted to comprehensive licenses, which also permit recreational marijuana sales. As long as these facilities are in compliance with the state, they will be converted as early as Monday, Feb. 6.

"We currently have one licensed medical marijuana facility in Jackson awaiting license conversion — the dispensary Good Day Farm at 1336 Clover Drive, at the corner of Clover and East Jackson Boulevard. A second existing business not intending to apply for a marijuana license, intends to sell fertilizers to help grow marijuana, glass pipes and other paraphernalia, and is interested in adding a "smoking lounge" where customers can bring their own marijuana and 'hang out,'" read Sanders' memo.

• At the suggestion of Mayor Dwain Hahs, city staff will be directed to draft an ordinance with the aim of putting a tax on only recreational marijuana sales on the April ballot. Hahs stressed this is a preliminary move and would require a vote in regular session before going to the electorate. Cape Girardeau County will hold a public hearing on a similar referendum later in the month. Under state law, municipalities may tax recreational marijuana sales up to 3% with voter approval.

History

Missourians who voted in the Nov. 8 election approved Proposition 3, the Marijuana Legislation Initiative — which permitted recreational marijuana in the state — by a 53% to 47% vote. In Cape Girardeau County, 56% of voters cast "no" ballots on Prop. 3.

In 2018, state voters OK'd the sale of medical marijuana by a 65% to 35% vote.