The Senatobia Board of Aldermen passed new zoning ordinance amendments on where marijuana dispensaries and cultivation sites can be found within the city following a public hearing on the matter Tuesday, May 17.
Mayor Greg Graves opened the floor to the public to voice their concerns on the matter, but only one person made a statement to the board.
Zach Wilson, leader of the group “We are the 74” addressed the board. “We are the 74” is a group founded with the goal of legalizing medical marijuana in Mississippi following the delayed passing of Initiative 65 due to a flawed ballot process.
Wilson asked the board for a conditional use permit to allow the dispensation and cultivation of medical marijuana to occur at the same on-site location.
Currently, the state of Mississippi recommends that dispensary sites, where the medical marijuana will actually be dispensed to patients be kept a separate location from cultivation sites where the marijuana plants are actually grown and processed. The state does give cities and counties the option to grant conditional permits to make exceptions to the recommendations. Senatobia has chosen to follow the state guidelines.
Wilson said he approached the planning commission with the same request.
Mayor Graves said Wilson was more than welcome to approach the planning commission with his request but the city would continue to follow the state’s recommendations.
The board then voted to allow dispensary sites in B-2 zoned areas. This will be most of the commercial districts in Senatobia. Downtown Senatobia is zoned B-1 and dispensary sites will not be allowed in the downtown district.
The cultivation and processing sites will be allowed in M-1, or industrial zoned areas such as locations along Scott Street and areas along Shands Bottom Road.
Certain stipulations apply for dispensary and cultivation sites in proximity to churches and schools. The sites cannot be within 1,000 feet of either churches or schools. The law also doesn’t allow dispensaries to be within 1,500 feet of each other.
The Department of Revenue is responsible for licensing dispensaries and will start accepting applications in July. The agency will have waiver forms available which will allow potential businesses to get permission from schools or churches to operate if they’re less than 1,000 feet away, but no closer than 500 feet.
The Department of Revenue has released a checklist for obtaining a Medical Cannabis Dispensary License. Prior to applying for a license, the business will need to register for a Mississippi Sales Tax account and receive a sales tax permit and will need to register with the Mississippi Secretary of State for any applicable entity.
The following information must accompany an application for review by the agency:
• Legal name of business and physical address (No PO Box allowed)
• Proof of Mississippi Secretary of State Registration, if applicable
• Mississippi Sales Tax Permit Number
• Management Service Agreements, if applicable
• Deed of Trust, Lease Agreement, or Contingent Agreement, if applicable
• Land Survey by a Mississippi-licensed surveyor proving that the main entrance of the dispensary is not within 1,000 feet of a school, church, or childcare facility’s nearest property boundary line
• Waiver of Minimum Distance Requirements* (childcare, school, church), if applicable
• Local business permit or license registration, if required by city or county (if under construction, projected date of issuance of city/county license)
• List of all parties with 10% or greater economic interest
• Acknowledgement of Waiver and Authorization to Release Information for each member*
• List of professional licenses held by each member and verification of good standing
• Licensee Certification/Oath*
• Diagram of licensed premises
• Operation plan
• Security plan
• First year license fees of $40,000 ($15,000 non-refundable application fee and $25,000 annual license fee)
Checklists and forms are available at www.dor.ms.gov/cannabis Beginning in June, the health department will begin accepting online applications for licenses for patients, medical practitioners, cultivation facilities, processing facilities, testing facilities, waste disposal businesses and transportation businesses.
