West Warwick Due to legislative changes that took effect in the state beginning this year on the regulation of medical marijuana, the council passed on a first reading an amended medical marijuana ordinance that will grandfather the towns three existing marijuana cultivation businesses into compliance and allow them to continue to operate legally in the town. The towns three local cultivation businesses, all within the revitalization district, were previously unidentifiable due to HIPA restrictions which call for confidentiality, but with the new regulations they will be made more public.
The town implemented an ordinance several years ago requiring medical marijuana compassion centers to be run only in CI (commercial-industrial) zones, but according to state statute the town did not have the authority to restrict the placement of other related businesses such as cooperative cultivators. However, when the state created a new medial marijuana regulatory category called licensed cultivator, the town was able to limit related businesses to CI zones.
The three existing cultivators in town spent thousands to bring their businesses into compliance with the new regulations, which required that they not only get approval from the Department of Business Regulation (DBR), but also the local zoning board. The West Warwick Zoning Board, however, could not issue a zoning certificate because the ordinance had been changed to restrict businesses in the new category to CI zones, in which none of the three businesses are located. The council unanimously approved a clause to be added to the ordinance allowing the businesses to remain in operation in their current locations because they had received building permits and approval prior to the changes taking effect.
Attorney Al DiFiore said that the new regulations though inconvenient in some ways will actually give the town more control over regulating these businesses.
The cooperative cultivator was highly secretive before, DiFiore explained. We couldnt know where he was. We had no right to know about these people. Now as a licensed cultivator they have to go before zoning and planning were going to know who they are and where they are.
DiFiore added that when the applicants go before the zoning board they are only required to display their plans to the outside of the building to demonstrate that they are meeting the appropriate setbacks.
We are not allowed to show anything in the interior because the cash flow is so great, he said.
Attorney Lisa Holly who appeared at the council meeting Tuesday to represent the three businesses said that the language in the statue when the businesses first opened indicated that medical marijuana and cooperative cultivation were permitted uses in all zoning districts in the town, and therefore her clients were operating permissively and within their rights.
I met with patients when I was with the State Police and realized that to say no to people who need it to thrive, to deal with end of life issues and pain, and to say that marijuana is bad is just the wrong thing to do, she said. My clients are existing cultivators in West Warwick. They have been here and have been operating lawful businesses in your town.
She said the ultimate purpose of the new category was to eliminate the marijuana black market. DiFiore previously explained that the category addition was the result of card holders, caregivers and cultivators over-producing marijuana and selling it to compassion centers who werent growing enough. Caregivers were previously able to sell their excess product to dispensaries, but this led to an increase of marijuana into the black market with little regulation. As of Jan. 1 caregivers became banned from selling to dispensaries, which is now a function of the licensed cultivator.
Moving to a licensed cultivator is actually more regulated, Holly explained. Its very strict. DBR will have 24/7 access to the entire operation by way of security cameras. They have full access to inspection where previously operators worked behind closed doors. Its a much more regulated industry now.
Holly said that the intense secrecy surrounding cultivation businesses protected them from robbery and break-ins.
These businesses are targeted because they do have some precious goods, she said.
Officials also cited a recent case in South Kingstown where a cooperative cultivator had been operating in downtown Wakefield and selling to compassion centers. When the town tried to deny them the decision was overturned.
News Moderator: Katelyn Baker
Full Article: West Warwick Amends Rules For Marijuana Growers
Author: Kendra Lolio
Contact: 401.789.9744
Photo Credit: David McNew
Website: The Coventry Courier
