Downtown business group asks West Palm Beach to impose moratorium on marijuana dispensaries

An influential business group is asking the City of West Palm Beach to impose a six-month moratorium on the approval of more medical marijuana dispensaries in the downtown area.

The Downtown Development Authority, a 55-year-old independent taxing group that represents downtown business owners, said in a letter to city officials that "the proliferation of this type of business has a deleterious effect on the area by sending the wrong message about our community, creates a negative perception of our place, and prevents other, more beneficial types of businesses from opening."

The DDA's letter, written by the group's executive director, Raphael Clemente, notes that dispensaries are "not generally open to the public, have windows and doors that do not attract, or are not welcoming to, the public."

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Multiple efforts to reach medical marijuana dispensaries in West Palm Beach via telephone and email were unsuccessful.

Clemente laid out the DDA's position on medical marijuana dispensaries to City Commission members last week. The commission took no action on the group's request, which is being reviewed by the city attorney.

In 2016, Florida voters approved an amendment to the state constitution legalizing medical marijuana.

Since that time, dispensaries have opened throughout the state. Three operate in downtown West Palm Beach, and Clemente noted that at least one more group is seeking approval for a fourth in the area.

City officials appear to be open to the idea of a moratorium.

"It’s important to me that we have a good balance and variety of options for those visiting our downtown," said Commissioner Christy Fox, whose district includes the downtown. "Hitting the pause button on the permit process temporarily would allow a bit more time to understand what the current laws allow, and to hear from residents and businesses in the area about their concerns."

Clemente noted that there have been no problems with additional crime tied to medical marijuana dispensaries in West Palm Beach.

"The concern from the DDA board, from business owners, property owners and residents I have heard from, is that the growing number of them in the downtown area does seem to send a message, creates a perception about the place we are," Clemente said.

Asked specifically what perception business owners fear, Clemente said business owners have expressed concerns that, if downtown is stocked with medical marijuana dispensaries, finding new tenants and recruiting new businesses could become difficult.

There is no timeline for when — or if — a moratorium would be imposed.

Marijuana dispensaries must be treated like pharmacies

Imposing a moratorium may not be a simple task.

"This is one of those areas where the state government pre-empted our ability to decide exactly where or how medical marijuana dispensaries would move and, rather said that we had to treat them like we treat all pharmacies," City Attorney Kimberly Rothenburg told commissioners. "So, if we allowed pharmacies in the downtown, then you'd have to also allow medical marijuana dispensaries to locate in the same way, with one caveat — that they couldn't be within 500 feet of certain specified locations."

Mayor Keith James, who was not present when Clemente told commissioners the DDA wants the city to impose a moratorium, later said he, too, is open to the idea.

"I understand and share the same concerns as our Downtown Development Authority regarding the increasing number of dispensaries moving into or expressing interest in our downtown," he said in a statement.

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"While these establishments may not project what some consider to be an ‘appropriate’ image of our city, we must also abide by state laws that apply to the regulation of dispensaries and traditional pharmacies. While cannabis products continue to be a polarizing subject, I look forward to working with our partners and current or future city merchants on how we can move forward to meet the needs of both sides of this argument.”

Wayne Washington is a journalist covering West Palm Beach, Riviera Beach and race relations at The Palm Beach Post. You can reach him at wwashington@pbpost.com and follow him on Twitter @waynewashpbpost. Help support our work; subscribe today.

This article originally appeared on Palm Beach Post: West Palm Beach agency wants moratorium on marijuana dispensaries