The Jefferson City Planning and Zoning Commission unanimously recommended medical marijuana dispensaries be allowed in commercial zoning districts.
The commission recommended medical marijuana dispensaries be permitted uses in C-1 Neighborhood Commercial and C-2 General Commercial zoning districts. They also recommended medical marijuana dispensaries not be allowed within 1,000 feet of any then-existing secondary or elementary schools, child day care centers or churches.
City staff initially proposed a zoning code amendment allowing medical marijuana dispensaries - medical marijuana retail establishments - to operate in only general commercial zoning districts. General commercial zoning districts typically consist of general retail establishments, personal services and health care facilities.
Resident Greg Bowman, however, requested the commission consider allowing medical marijuana dispensaries within neighborhood commercial zoning districts. Neighborhood commercial zoning permits uses include offices, pharmacies, food service establishments and other general retail establishments.
Bowman said dispensaries would be "really limited" under the general commercial zoning whereas neighborhood commercial zoning would open up more possibilities.
"We don't have a whole lot of space available for these type of facilities, these pharmacies," he said. " We want to try to make it as simple and easy for these people to get out (to)."
Several commissioners agreed with Bowman.
"It is medicine. These are essential pharmacies," commissioner Blake Markus said. "This is people's medicines, and I think we should consider a less restrictive means for people to get their medicine."
Jefferson City Planning Manager Eric Barron said C-1 Neighborhood Commercial zoning is usually closer to residential areas and is less restrictive than C-2 General Commercial zoning.
"I can understand the need for more properties and the desire for more options out there," Barron said. "Yes, there is a lot of property that would be restricted from this use based on the 1,000 manner of measurement (but) we believe there would be plenty of options for this type of business to locate in Jefferson City."
Barron cautioned commissioners about making medical marijuana dispensaries a conditional use as that permit process would go the Jefferson City Board of Adjustment, a final-decision-making body, which means the proposed use would not go to the Jefferson City Council.
He added it is difficult for the board to establish the impact medical marijuana facilities would have on surrounding properties since the facilities are new uses.
Medical marijuana transportation facilities would be permitted in M-1 Light Industrial and M-2 General Industrial zoning districts.
Transportation facilities would also not be allowed within 1,000 feet of any then-existing secondary or elementary schools, child day care centers or churches, under the proposal.
The Jefferson City Council will vote on the proposed amendment July 15.
There are three other types of medical marijuana facilities:
Medical marijuana cultivation facility - a facility that farms, stores, transports and sells medical marijuana.
Medical marijuana testing facility - a facility that acquires, tests, certifies and transports medical marijuana.
Medical marijuana-infused products manufacturing facility - a facility that specializes in marijuana-infused products.
The City Council passed a separate zoning code amendment last month in regards to medical marijuana cultivation and testing facilities, as well as medical marijuana-infused products manufacturing facilities.
These three facilities are only permitted in M-1 Light Industrial and M-2 General Industrial zoning districts. They also are not allowed within 1,000 feet of any then-existing secondary or elementary schools, child day care centers or churches.
In November, Missouri voters approved a ballot measure legalizing medical marijuana.