VILLAGE MAY MAKE MEDICAL MARIJUANA HOME-BASED BUSINESSES PERMITTED USE,
NOT CONDITIONAL USE

The Manchester Village Council is still looking to approve a medical
marijuana ordinance months after a key court of appeals case banned
dispensaries.

The village has sought to approve an ordinance for several months. An
ordinance recommended by the village planning commission was sent to
the council in April.

But with more confusion, and the ruling from the court of appeals that
dispensaries be banned altogether, the village council is still
without an ordinance.

"We don't want to be on the tip of the arrow when it comes to people
that want to sue for particular reasons," Village Manager Jeff Wallace
said. "You get the right person . and they move here and do that,
there's a lot of money out there they'll take their law case on."

Wallace said he would rather see the village proceed with caution, as
opposed to becoming a statewide news story involving a lawsuit.
Federal law still criminalizes the possession of marijuana.

"I don't think Manchester needs to be the point that's driving law
that's determined by the state attorney general through the courts,"
he said.

Privacy issues became a major talking point Monday night, with debate
over whether or not caregivers and medical marijuana cardholders
should have their identities revealed through a public hearing
process.

A public hearing would be required to set up a home-based business
under conditional use in the village. Under a permitted use, something
Wallace suggested as alternative, no public hearing would be needed.

"Under permitted use, they'd still have to come into the village,
they'd have to go through everything that's in that ordinance . they'd
still have to go through that process legally," he said. "But it would
be done through an application, and through the village office."

Village President Pat Vailliencourt questioned why a home-based
business involving marijuana would not require a public notice to
surrounding neighbors the same way a business such at the new family
recreation center on Main Street would.

"If a doctor opened an office next door to me, I'd have to be
notified," she said. "If someone's growing marijuana in their house,
I'd kind of like to know."

Wallace said because most caregivers are patients themselves, his
opinion was their identities are protected, including from local law
enforcement.

"They can verify a number, but they can't get the name of a person,"
he said.

The village has had a moratorium in effect, most recently, since Dec.
19, when the council extended it another 90 days.

Wallace told the council he plans to have documents ready for the
council by the next meeting, which is at 7 p.m. Feb. 6 in the village
hall.