GENTRY -- Though the city's economic development committee had recommended a temporary exclusionary ordinance be adopted by the city council to prevent a marijuana grow operation or dispensary from locating within the city until further study can be done to determine how best to regulate such facilities, research by Jay Williams, the city's attorney, revealed that city government may not prohibit the operation of grow or dispensary facilities within the city because Issue 6 was passed "by the people" as a constitutional amendment in the 2016 General Election.
Residents of a city can, however, petition to have a city ballot measure to prohibit the growing or sale of medical marijuana within city limits. To get a measure on the ballot requires the signatures of 15 percent of the registered voters within the municipality, Williams said.
According to Article V, Section 1, of the Arkansas Constitution, "Fifteen percent of the legal voters of any municipality or county may order the referendum, or invoke the initiative upon any local measure. In municipalities the number of signatures required upon any petition shall be computed upon the total vote cast for the office of mayor at the last preceding general election."
According to Williams, cities may enact reasonable zoning regulations applicable to dispensaries and cultivation facilities, but those requirements cannot be more strict than those for a licensed retail pharmacy.
No application for a grow operation or dispensary of medical marijuana within Gentry city limits was known to be in the planning stages, but how Gentry should handle that possibility was discussed at an economic development committee meeting at city hall on Aug. 2. With more questions raised than answers, the committee thought it best to exclude medical marijuana facilities from the city until such things as zoning ordinances, permitting and licensing fees and acceptable locations could be determined.
According to Williams, the council can't ban such facilities from its city limits or planning jurisdiction but it can consider and change zoning ordinances and establish reasonable licensing fees to regulate where and how such facilities may be operated within the city.
James Furgason, council and committee member, suggested the city also consider what could happen in a few years if state law changes to allow recreational marijuana. He cited examples of other states which approved the use of medical marijuana and then quickly transitioned to allowing recreational marijuana. Williams said the people of Arkansas amended the Constitution to allow medical marijuana, so the only issue currently before the city is dispensaries for medicinal use. Should the people amend the Constitution again to allow for recreational marijuana, new guidelines would also likely be adopted, he said.
Questions and concerns raised during the committee meeting about such facilities in the Gentry area ranged from the negative impact on tourism and rising crime rates associated with recreational use of marijuana in other states to the fact that even medical marijuana is still prohibited by federal law which the federal government could choose to enforce.
Further study on how best to adjust city code to accommodate medical marijuana growing operations and dispensaries within the city was suggested by committee members so the city would have a plan in place should that day come.
In other business, the council adopted a resolution of support for the Wild Wilderness Drive-through Safari, located north of Gentry, to be submitted in connection to a United States Department of Agriculture case in which the Safari is being charged with failing to fully comply with the Animal Welfare Act. The council passed the resolution by unanimous vote on Monday.
An amendment to the personnel policy was recommended to the council and approved which would allow city employees, when away on city business, to charge to the city, along with meal costs, up to a 15-percent gratuity. The move was made possible by a recent change in state law.
The council accepted the annexation petition of Terry and Marla England, Wava Feemster (trustee of the Wava Feemster Revocable Trust) and Donovan and Emily Kurtz to annex into the city parcels of land on the east side of Arkansas Highway 59 between Garman Road and Dawn Hill East Road. The annexation ordinance was passed on three readings with a single vote, and an emergency clause was adopted. Also passed in similar fashion was a replat of Lot 6 in the Hasting Subdivision for Max and Judy Fletcher.
General News on 08/09/2017