City Council Amends Marijuana Ordinance, Again

Subhead

Medical Marijuana Cultivation, Processing Facilities Now Allowed In Commercial, Industrial Zones

Image
Body

The city council of New Cordell has once again amended the city’s medical marijuana ordinance. During the Monday, Nov. 4, 2019, regular meeting of the council, a new ordinance was passed that defined medical marijuana cultivation and processing, and repealed the city’s previous ban on such businesses within the city limits.

The ordinance amended Title 5, Chapter 9, Section 5-9-1 to define medical marijuana cultivation as “an establisment licensed under Title 63 O.S. Section 422 whereby the growing of medical marijuana is conducted on the premises and then sold to a licensed retailer or processor.” It further defined medical marijuana processor as “an establisment licensed under Title 63 O.S. Section 423 whereby marijuana plants are processed (packaged) into concentrates, edible, and other forms for consumption.”

The new ordinance allows for both cultivation and processing facilities within the New Cordell city limits, but includes certain requirements.

First, the ordinance requires that both cultivation and processing operations purchase a license from the city clerk. According to the language of the ordinance, “the fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of laws relating to medical marijuana cultivator facilities.” The fee for licensure is to be determined by a resolution of the city council at an undetermined future date.

Additionally, the new ordinance requires all cultivators and processors to equip their facilities with sufficient ventilation and/ or air filtration systems to ensure that no odors are detectable off the premises. It also requires all such facilities be located only within areas of the city zoned for commerical or industrial use.

The council unanimously approved the new ordinance, but then came back to it for reconsideration later in the meeting on the advice of the city attorney, Johnny Beech. Beech advised the reconsideration with the suggestion that council member Kelly Maddox-Tilley recuse herself from the discussion and vote. Maddox-Tilley owns and operates a medical marijuana dispensary within city limits. In addition to the potential conflict of interest, Maddox-Tilley may no longer be eligible to hold her office as she also holds a commercial marijuana license. According to Oklahoma law, 310:681-5-3-2

(a), “A medical marijuana commercial license shall not be issued to or held by: (5) A sheriff, deputy sheriff, police officer, prosecuting officer, officer or employee OMMA, or officer or employee of a municipality in which the commercial license is located...”

The council unanimously approved the ordinance the second time, with Maddox-Tilley recusing herself.

The council then approved the city’s emergency clause, which allowed for the new ordinance to become effective immediately after passage.