Medical marijuana: Possible benefits sway Athens council

Nov. 30—ATHENS — The Athens City Council cleared the way for a medical marijuana dispensary to open in the city, but any company wishing to open one must apply to the state by Dec. 30.

Four council members on Monday night voted in favor of an ordinance allowing dispensaries to open within the city limits and one member abstained.

By its terms, the ordinance's purpose is "to support ... residents who suffer from medical conditions that may require the use of these products."

Athens City Attorney Shane Black said state law prohibits any dispensary from locating within 1,000 feet of a church, school or child development center. The Athens ordinance includes no restrictions on dispensaries other than those included in the state law.

District 5 Councilman Wayne Harper said he struggled with his decision to support the ordinance.

"I went back and forth on it. I just finally after talking to some people (decided) folks have a need for it as far as cancer and autism," he said.

In addition to those diagnoses, state law allows medical marijuana to be used for conditions including depression, panic disorder, Crohn's disease, Parkinson's disease, post-traumatic stress disorder, chronic pain resistant to conventional therapies, persistent nausea and terminal illnesses.

Harper said he believes there is a risk that medical marijuana will be used inappropriately.

"I just felt like probably the pros outweighed the cons on it," he said. "There'll always be a chance that it could be misused or abused. We have the same problem with the opioids."

Another reason he approved the ordinance, Harper said, is that there will be a lot of places in the state dispensing medical marijuana.

"It's not like we were going to keep it out if we voted it down," he said.

District 2 Councilman Harold Wales said he was also hesitant but decided to vote for the ordinance because he received numerous phone calls asking him to support it.

"When I was first informed about were we going to do this, I didn't think I could support it and I looked at all the reasons why not. I looked at the opioid crisis and it's out of hand," he said. "But if this will help any person, I've got to be for it."

Chris Seibert, council president and District 1 councilman, said he abstained because he is in the pharmaceutical business.

"It just made sense for me to abstain because I can't really enact legislation that I could potentially benefit from," he said.

Athens Mayor Ronnie Marks said some companies expressed interest in opening a dispensary prior to the vote.

"I have had two different (company) representatives reach out to us at least to know what our status is and if we were going to vote to opt in. I have not had any contact since Monday night," he said Tuesday. "I don't know whether they've backed off because Huntsville approved the medical cannabis."

Marks believes interested parties will still come forward.

"As fast as the area's growing and the critical need for our health care, I think you'll have people reaching out," he said.

Alabama was the 37th state to approve medical marijuana when it adopted a law last year allowing municipalities and counties to determine whether medical marijuana facilities could open within their borders.

The dispensaries must apply to the Alabama Cannabis Commission by Dec. 30 to locate in a municipality that has given approval. The Cannabis Commission will approve no more than 37 dispensaries throughout the state, and 239 have requested license applications from the Alabama Medical Cannabis Commission.

Pursuant to the state law, dispensaries must be in a stand-alone building with 24-hour video surveillance and 3-inch-thick steel doors with secure keycard or other electronic access and reinforced windows. The law requires the facility to have at least two security guards on duty at any time cannabis is on the premises.

The law prohibits medical marijuana from being dispensed in a form that can be smoked or vaped or from being included in food products. Allowable forms of the drug include tablets, topical creams, suppositories, transdermal patches, nebulizers and liquids or oils that can be used with an inhaler.

—erica.smith@decaturdaily.com or 256-340-2460.