GREEN COVE SPRINGS – The Green Cove Springs Planning and Zoning Board voted 4-1 vote last week to uphold the city council’s moratorium on medical marijuana dispensaries.

According to Development Services Director Janis Fleet, the decision, which will temporarily prohibit medical marijuana treatment centers from opening up within city limits, deals directly with land use and zoning, which requires the issue be brought before planning and zoning for direction.

The original six-month moratorium would have ended in November, but the extension would set the new deadline for mid-May 2018. Though the city cannot keep the moratorium around forever, it gives officials time to decide whether or not to officially ban the facilities from the city.

In accordance with state law, cities have two options – accept Medical Marijuana Treatment Centers in city limits and treat them exactly as pharmacies are treated in regards to zoning and land use, or ban the facilities outright. City council members have mixed feelings on the issue and have opted to wait it out to see how the rest of the state operates as cities begin adopting policies and allowing the treatment centers into their communities. They also hope to have an idea of what, if any, changes are made to the state law during the upcoming 2018 legislative session that will begin on January 9, 2018.

“The state is in a state of flux,” City Manager Danielle Judd said. “The city is waiting that out.”

Similar to the council, members of the Planning and Zoning Board were also split on the issue.

Board member Bob Lewis was the first to speak, with his comments steering away from the moratorium and closer to the issue of what to do when it comes time to ban the centers or pass language that would allow them in Green Cove Springs.

“I’ve got a lot of mixed emotions,” Lewis said. “I have seen relatives in Colorado that are on the medical marijuana program and it seems to make a big difference to them.”

Lewis continued, stating his opinions that, with the growing opiate epidemic in Clay County and throughout the country, medical marijuana couldn’t be any worse than the painkillers prescribed at pharmacies throughout Green Cove Springs.

Board members Marilyn Haddock and Sara Spurrier seemed to be in agreement that they would support the extension of the moratorium and, ultimately, would like to see medical marijuana banned in Green Cove Springs altogether. Haddock offered an opinion that, should a resident from Green Cove Springs receive a prescription, they can travel to Orange Park for their medication where the town has voted to allow treatment center.

The board’s chair Henrietta Francis avoided speaking too much about whether or not to issue the ban, as that was not the item on the evening’s agenda. Rather, she vocalized her support for the council’s decision to maintain the moratorium for another six months and kept it at that.

The only real contention to the council’s decision came from board member Ed Gaw, the sole no vote, who thinks the moratorium only leaves the city vulnerable.

“A moratorium leaves the city at risk, where a ban does not,” Gaw said.

Gaw explained to the board that should a challenger present themselves to the city who wanted to open a treatment center during the moratorium, the city would have no legal support from the state to prevent the business from opening. Should they vote to ban medical marijuana, the state would back them up should a prospective business owner try to open up shop in the city. Gaw pointed out that the city could issue a ban, in accordance with state law, and then pull the ban in six months if they changed their minds. City Attorney Jim Arnold noted that the law would agree with Gaw’s statements.

Gaw also noted that keeping medical marijuana out of the city denies voters a service that they voted for during last year’s general election.

“It’s really not our decision, more than seven out of 10 residents in Green Cove voted in the affirmative, they wanted medical marijuana available,” Gaw said. “My humble opinion is that it’s the duty and purpose of this board to figure out how to provide that service to the citizens.”