Medical Marijuana Growth Facilities
All:
Our little municipality is about to get its first growth facility. What are the other municipalities' experiences with them? Some citizens are concerned about possible odors. Do you all have ordinances that mandate odor mitigation plans for these facilities before you issue them a permit? What other pitfalls should our little community watch out for? It's a lake, recreational community.
Any feedback and advice is appreciated.
Fera Terrell
Terrell Law Firm, PLLC
P.O. Box 268
Ponca City, OK 74602
580-749-4095
580-749-4098 Fax
All:
If you allow Growth facilities and have previously PROHIBITED Growth, Wholesale, Storage and Processing facilities, are you opening the door to any/all of these facilities? The marijuana industry will argue that all related facilities “...are part and parcel of the same industry and discrimination is not allowed.” A Court might very well agree. If you welcome one, will you end up welcoming all?
The reputation of cities and towns allowing any/all of the facilities (other than “retail”) may be impacted.
Industrial & business prospects may look elsewhere.
Other impressive community improvements may be forgotten or ignored.
Anticipated revenue may fall short of expectations.
Any feedback is appreciated.
Steven Holloway
Elk City, OK
From: Fera Terrell
Seems to me,
Sent: Wednesday, July 15, 2020 9:12 AM
To: oama@lists.imla.org
Subject: [Oama] Medical Marijuana Growth Facilities
All:
Our little municipality is about to get its first growth facility. What are the other municipalities' experiences with them? Some citizens are concerned about possible odors. Do you all have ordinances that mandate odor mitigation plans for these facilities before you issue them a permit? What other pitfalls should our little community watch out for? It's a lake, recreational community.
Any feedback and advice is appreciated.
Fera Terrell
Terrell Law Firm, PLLC
P.O. Box 268
Ponca City, OK 74602
580-749-4095
580-749-4098 Fax
--
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Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Okmulgee requires zoning – on all classes of MM licenses (not residential use) – so far we have not been challenged. However, we have one dispensary (duly licensed) and it has the same owner as a grow license. We did not and will not approve the grow license for the same location. We have given notice that we won’t sign off next year on the dispensary if the grow operation is still proceeding in the rear of the building as it won’t meet fire safety code.
The problem is that there is NOTHING from the OMMA that determines what the difference is between the “stock inventory” allowed for a dispensary and what a grow operation is – these people are continuing to grow and cultivate to sell in the same building.
Lou Ann Moudy
P.O. Box 266, Henryetta, OK 74437
(918) 652-3328
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From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Steven Holloway
Sent: Wednesday, July 15, 2020 10:26 AM
To: Fera Terrell terrelllaw@cableone.net; oama@lists.imla.org
Subject: Re: [Oama] Medical Marijuana Growth Facilities
All:
If you allow Growth facilities and have previously PROHIBITED Growth, Wholesale, Storage and Processing facilities, are you opening the door to any/all of these facilities? The marijuana industry will argue that all related facilities “...are part and parcel of the same industry and discrimination is not allowed.” A Court might very well agree. If you welcome one, will you end up welcoming all?
The reputation of cities and towns allowing any/all of the facilities (other than “retail”) may be impacted.
Industrial & business prospects may look elsewhere.
Other impressive community improvements may be forgotten or ignored.
Anticipated revenue may fall short of expectations.
Any feedback is appreciated.
Steven Holloway
Elk City, OK
From: Fera Terrellmailto:terrelllaw@cableone.net
Seems to me,
Sent: Wednesday, July 15, 2020 9:12 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Medical Marijuana Growth Facilities
All:
Our little municipality is about to get its first growth facility. What are the other municipalities' experiences with them? Some citizens are concerned about possible odors. Do you all have ordinances that mandate odor mitigation plans for these facilities before you issue them a permit? What other pitfalls should our little community watch out for? It's a lake, recreational community.
Any feedback and advice is appreciated.
Fera Terrell
Terrell Law Firm, PLLC
P.O. Box 268
Ponca City, OK 74602
580-749-4095
580-749-4098 Fax
--
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Here is the real brain twister for you – Since most of Eastern Oklahoma is now Indian Country and controlled by feds – How does McGirt affect an Indian’s ability to have a MM license, dispensary or other OMMA license? Seems to me, tribe is in charge of several aspects and its ILLEGAL.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Steven Holloway
Sent: Wednesday, July 15, 2020 10:26 AM
To: Fera Terrell terrelllaw@cableone.net; oama@lists.imla.org
Subject: Re: [Oama] Medical Marijuana Growth Facilities
All:
If you allow Growth facilities and have previously PROHIBITED Growth, Wholesale, Storage and Processing facilities, are you opening the door to any/all of these facilities? The marijuana industry will argue that all related facilities “...are part and parcel of the same industry and discrimination is not allowed.” A Court might very well agree. If you welcome one, will you end up welcoming all?
The reputation of cities and towns allowing any/all of the facilities (other than “retail”) may be impacted.
Industrial & business prospects may look elsewhere.
Other impressive community improvements may be forgotten or ignored.
Anticipated revenue may fall short of expectations.
Any feedback is appreciated.
Steven Holloway
Elk City, OK
From: Fera Terrellmailto:terrelllaw@cableone.net
Seems to me,
Sent: Wednesday, July 15, 2020 9:12 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Medical Marijuana Growth Facilities
All:
Our little municipality is about to get its first growth facility. What are the other municipalities' experiences with them? Some citizens are concerned about possible odors. Do you all have ordinances that mandate odor mitigation plans for these facilities before you issue them a permit? What other pitfalls should our little community watch out for? It's a lake, recreational community.
Any feedback and advice is appreciated.
Fera Terrell
Terrell Law Firm, PLLC
P.O. Box 268
Ponca City, OK 74602
580-749-4095
580-749-4098 Fax
--
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Zoning regulations necessarily draw lines, and some of those lines may necessarily be seen as “arbitrary,” because you simply have to draw the line somewhere in order to exercise zoning power at all. This is distinguishable from the enforcement of these lines/regulations, which of course cannot be arbitrary or capricious. But deciding where the line is drawn is a different analysis and I don’t think the question should be based upon a consideration of the “industry” and I personally don’t see a lot of value in discrimination arguments of this nature.
In deciding where to the draw the line, Norman considered the other businesses already allowed in other zoning districts and the similarities (or differences) between those activities and the activities engaged in by the various forms of licensed medical marijuana establishments, in the context of the impact on adjacent zoning districts, just as it does with any other use that it is under consideration. So I think it is necessarily a context-driven and city-by-city analysis.
Beth Muckala
Assistant City Attorney
From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, July 15, 2020 10:26 AM
To: Fera Terrell terrelllaw@cableone.net; oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Medical Marijuana Growth Facilities
All:
If you allow Growth facilities and have previously PROHIBITED Growth, Wholesale, Storage and Processing facilities, are you opening the door to any/all of these facilities? The marijuana industry will argue that all related facilities “...are part and parcel of the same industry and discrimination is not allowed.” A Court might very well agree. If you welcome one, will you end up welcoming all?
The reputation of cities and towns allowing any/all of the facilities (other than “retail”) may be impacted.
Industrial & business prospects may look elsewhere.
Other impressive community improvements may be forgotten or ignored.
Anticipated revenue may fall short of expectations.
Any feedback is appreciated.
Steven Holloway
Elk City, OK
From: Fera Terrellmailto:terrelllaw@cableone.net
Seems to me,
Sent: Wednesday, July 15, 2020 9:12 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Medical Marijuana Growth Facilities
All:
Our little municipality is about to get its first growth facility. What are the other municipalities' experiences with them? Some citizens are concerned about possible odors. Do you all have ordinances that mandate odor mitigation plans for these facilities before you issue them a permit? What other pitfalls should our little community watch out for? It's a lake, recreational community.
Any feedback and advice is appreciated.
Fera Terrell
Terrell Law Firm, PLLC
P.O. Box 268
Ponca City, OK 74602
580-749-4095
580-749-4098 Fax
--
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
I am not aware of significant odor complaints for Norman’s existing grow facilities. I am also not aware of whether any have located directly adjacent to outdoor recreational areas, though.
Our code does not mandate odor mitigation (though we’ve made it clear the issue is not immune from nuisance regulation like any other business). However, we’ve had a lot of PUD and Special Use applicants include requirements of their own in the PUD/SPUD or as a special condition to the SUP (most specify a carbon filtration system of some kind).
Beth Muckala
Assistant City Attorney
From: Oama oama-bounces@lists.imla.org On Behalf Of Fera Terrell
Sent: Wednesday, July 15, 2020 9:12 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Medical Marijuana Growth Facilities
All:
Our little municipality is about to get its first growth facility. What are the other municipalities' experiences with them? Some citizens are concerned about possible odors. Do you all have ordinances that mandate odor mitigation plans for these facilities before you issue them a permit? What other pitfalls should our little community watch out for? It's a lake, recreational community.
Any feedback and advice is appreciated.
Fera Terrell
Terrell Law Firm, PLLC
P.O. Box 268
Ponca City, OK 74602
580-749-4095
580-749-4098 Fax