In preparation of the arrival of medical marijuana to the Hub City, Hattiesburg City Council members recently approved three measures – one zoning change and two conditional use requests – that will allow those businesses to comply with recently-adopted laws regarding the subject.
Those measures included the following:
- To change the zoning classification for a property located at 105 and 106 Redus Street in Ward 2 from Regional Business District B-5 to Light Industrial District I-1. The Hattiesburg Planning Commission recommended to approve that measure on August 3.
- To allow conditional use for a cannabis dispensary adjacent to a residentially zoned property located at 6335 U.S. 49, Suite 40 in Ward 2. The Hattiesburg Planning Commission recommended to approve that measure on August 3.
- To allow conditional use for a cannabis dispensary adjacent to a residentially zoned property located at 2772 Oak Grove Road in Ward 3. The Hattiesburg Planning Commission recommended to approve the measure on August 3.
“There were two conditional uses and one rezoning,” planning division manager Ginger Lowrey said. “Conditional use is only required if the cannabis dispensary is immediately adjacent to residential.
“So (for example) it was zoned B-3 not next to any residential, it just meets code; it would never go through any public hearing. It only goes through that public hearing if it’s right beside residential.”
In early May, council members began to ensure that proper zoning laws would be in place well before the medical cannabis business set up shop in the city. They delineated six kinds of businesses that would be allowed to operate.
Those types of businesses are as follows:
- Cultivation: Indoor growing only. Conditional use would be allowed in agricultural zones because cultivation is required to be inside of a building. Conditional use would be based on odor prevention and disallowing cannabis product or waste to be stored inside of the building.
- Processor: Processes and extracts from raw materials. Permitted with conditions in industrial zones or A-! general agricultural zones. Agricultural zones are only permitted if combined with cultivating, and an odor prevention plan must be put in place to mitigate odor from leaving the building.
- Lab: Research, development and testing. Permitted with conditions in industrial zones, A-1 general agricultural zones and B-5 regional business zones. Conditions are as above.
- Dispensary: Retail sales. Permitted in B-3 community business, B-4 downtown business and B-5 regional business zones. Locations adjacent to residentially-zoned properties require permission of the Hattiesburg Planning Commission.
- Transporter: Transports cannabis products. Permitted with conditions in all industial zones. Conditions are as above.
- Disposal: Disposes of cannabis products. Cannabis-related transportation will not be regulated any differently than any other transportation business by the city.
“When we look at, in our land code, the definition of cannabis, we will follow the legislation, the language and the definition of cannabis as it was adopted by the (Mississippi) Legislature,” chief administrative officer Ann Jones said. “We’re trying to use a large degree of reasonableness as we establish these zones for these varying types of businesses related to medical cannabis.
“We’re trying to use the land code as it exists today without terribly modifying the document.”
Other local regulations include the establishment of a local licensing fee and the prohibition of cannabis imagery on signage. In addition, pharmacies will not be allowed to dispense because of federal regulations, and state incentives are prohibited.
Mississippi voters overwhelmingly approved the use of medical marijuana during the November 2020 general election, but that effort was soon nullified by the Mississippi Supreme Court. However, the cannabis act was recently approved by both chambers of the Mississippi Legislature – the House and the Senate – and was signed into law shortly thereafter by Gov. Tate Reeves.
