Decatur to consider legalizing medical marijuana dispensaries

Oct. 30—Decatur will soon join a number of Alabama cities in considering whether to allow medical marijuana dispensaries, but Council President Jacob Ladner wants a presentation and a council discussion before taking a vote.

"We need to decide if medical marijuana is something we want sold in our community," Ladner said.

Alabama became the 37th state to approve medical marijuana when it adopted a law last year, although marijuana — whether recreational or medicinal — remains illegal under federal law. Ordinances, voted on by cities, and resolutions, voted on by counties, are needed before the Alabama Medical Cannabis Commission allows a dispensary to operate within a jurisdiction's boundaries.

The law allows a maximum of 27 dispensary sites in the state.

Lafayette Street Northeast resident Ginger Craig said she would like for Decatur to approve medical marijuana dispensaries. She has epilepsy, a condition she believes comes from having a brain tumor at age 3.

"Three doctors told me smoking marijuana would make me feel better, but I would still have to take my epilepsy medicine," Craig said.

Craig, 60, had to move from Nashville to Decatur four years ago to be closer to family after a second wreck due to an epileptic seizure. She's allowed to drive up to 2 or 3 miles from her home, but she doesn't like to drive because of her deteriorating eyesight and she lives alone.

Craig said it would be easier for her to find a ride if the medical marijuana dispensary is in Decatur.

"It's hard to get people to take off to drive me to Huntsville or Birmingham," Craig said.

On Tuesday, Huntsville became the 26th city in the state to authorize medical marijuana dispensaries, subject to state approval. Birmingham and Russellville are also among the cities that have passed ordinances authorizing the dispensaries. Four counties have also passed resolutions authorizing the dispensaries.

The Fairhope and Pelham city councils voted not to allow dispensaries.

Decatur Mayor Tab Bowling said the city has received numerous requests from people interested in locating a dispensary in Decatur. He said he hasn't heard any opposition.

"Our council continues to look at it," Bowling said. "Legal (Department) is still evaluating the new state law, but I believe (City Attorney Herman Marks) has a good understanding of it."

Bowling said voting to allow medical marijuana dispensaries "could create a source of revenue for the city that would be great." The dispensary would have to purchase a business privilege license to operate in Decatur.

Bowling said he's not sure if the city would get any sales tax revenue from medical marijuana sales.

"I don't think it would be any different from when you go fill a medication," Bowling said. "There's no tax on a medication that's prescribed by a doctor."

The state law imposes a 9% sales tax on medical marijuana, which goes toward the cost of regulating the program with the excess going to the General Fund, but does not address whether municipalities can impose an additional tax.

Morgan County Commission Chairman Ray Long said the county hasn't been approached or had a vote on allowing medical marijuana dispensaries.

"We would (consider) it if someone requested it," Long said. "We wouldn't stand in anybody's way."

According to a publication of Harvard Medical School, the most common use for medical marijuana in the United States is pain control.

"While marijuana isn't strong enough for severe pain (for example, post-surgical pain or a broken bone), it is quite effective for the chronic pain that plagues millions of Americans, especially as they age," the article says.

Marijuana is considered safer than opiates because "it is impossible to overdose on and far less addictive," the Harvard article says.

Medical marijuana can take the place of NSAIDs such as Advil or Aleve, if a person can't take them due to problems with their kidneys or ulcers.

Under the state law, doctors could prescribe medical cannabis for 15 conditions, including epilepsy, chronic pain, autism, cancer-related weight loss and pain, Crohn's and Parkinson's diseases, terminal illnesses and and post-traumatic stress disorder.

State Attorney General Steve Marshall sent a letter to state legislators on Jan. 6, 2020, in opposition to the bill authorizing medical marijuana. He cited addiction, the impact of long-term use, and his belief that "money is driving the push to legalize marijuana and to promote its use for an ever-expanding list of conditions." He also wrote that he believes the state isn't ready to regulate marijuana.

Decatur resident Jonathan Baggs said he believes medical marijuana would help him in dealing with the pain stemming from a car wreck he was in 25 years ago.

Baggs said he spoke with state Sen. Arthur Orr, R-Decatur, and advocated for medical marijuana, also known as THC or cannabis, when the bill was in the state Legislature.

"I told him medical marijuana could have reduced the amount of pain meds I've taken over the years," Baggs said.

Councilman Carlton McMasters said he needs to do some research before he takes a stance on the issue.

"I need to do a deep dive and weigh the pros and cons," McMasters said.

The state's Cannabis Commission website says it received 607 requests for application forms from potential cannabis suppliers by the Oct. 17 deadline. This includes 133 for an integrated facility, which would include a dispensary; 124 for a cultivator; 35 for processor; 239 for a dispensary; 69 for a secure transporter; and seven for a state testing laboratory.

Bowling said he doesn't think the city would want a processor.

"My understanding is there's pretty strong smells from a processing plant," Bowling said. "We've already got enough bad smells in the city."

The application fees for suppliers range from $30,000 for a state testing laboratory to $50,000 for an integrated facility.

Ladner said the city needs to make a decision on the issue before the end of the year.

— bayne.hughes@decaturdaily.com or 256-340-2432. Twitter @DD_BayneHughes.