By JAMES SWIFT
Earlier this month, the Adairsville City Council unanimously authorized a resolution establishing an “emergency moratorium” on the operation of any new firms “substantially engaged in the sale of low-THC oil, tobacco items, tobacco-associated objects, option nicotine items, vapor items, cannabidiol (CBD) and items containing cannabidiol.”
According to legal counsel for the municipality, the moratorium will be in impact for 150 days, dating back to Sept. 12.
“The goal behind this is there is a considerable query in state law and federal law relating to the THC oil, CBD items and vaping-kind items,” stated lawyer Bobby Walker. “The Federal Drug Administration, as we speak, is taking into consideration a possible ban of flavored oils for e-cigarettes, there’s been a quantity of state laws passed dealing with this … what this would do is spot a moratorium on any new firms opening that engage and sell in these kinds of components, or rather, substantially engaged in promoting this kind of material.”
Walker stated the moratorium does not apply to current firms that currently sell such items inside the City limits. Nor does the moratorium, hypothetically, bar regional licensed pharmacies from dispensing health-related marijuana, he added.
“The only impact that it would have on current enterprise would be that they cannot expand their footprint throughout the period of the moratorium of these kinds of items,” Walker stated.
The moratorium, he stated, provides the City ample time to “investigate what kind of ordinances may perhaps be proper to additional regulate these issues in the future, as they are not terribly regulated at all at this point.”
Lawyer Brandon Bowen gave a handful of extra information on a proposed City ordinance on the matter at an Adairsville Unified Zoning Board (UZB) meeting held Sept. 16.
“Basically, there’s a lot of confusion appropriate now, when it comes down to it,” he stated. “Staff requested that we appear at what we can do in the City ordinance to limit new utilizes that are actually specializing in that.”
Suitable now, he stated the City is mulling an ordinance amendment that would only permit “vapor shops” as unique-use firms in the municipality’s C-two industrial districts. Prior to any new firms of the like could open, he stated the applicants would have to come just before the UZB and the city council to plead their situations.
Bowen, nonetheless, acknowledged the the proverbial “devil was in the details” when it comes to legally outlining what a “vapor shop” essentially is.
“In this ordinance, the way I have drafted it is defined as ‘a retail retailer that is promoting extra than 10% of its retail item is one particular of the issues that goes along with vapor shops,’” he stated. “That consists of CBD oil, cannabis oil, vapor items as defined by state law — which is like the Juuls and issues of that nature.”
The proposed ordinance, he added, also applies to tobacco items. “So this will hit a cigar shop, for instance,” Bowen stated.
Bowen acknowledged the proposed ordinance language may perhaps be also broad for some’s liking.
“The way I appear at it, they’re all type of comparable utilizes, and we’re not saying you cannot do it,” he stated. “We’re just saying you have to get a unique-use permit … it does not imply you cannot sell cigarettes or vapor stuff or CBD, to the extent it really is lawful. But if your enterprise is going to commit extra than 10% of its enterprise activity on these items, then you would demand a unique-use permit.”
At this point, there is no timetable in spot for when an official ordinance amendment may perhaps go just before the council. However as federal and state government continues to clamp down on guidelines, regulations and restrictions for such items, Bowen stated it never ever hurts for regional governments to be proactive.
Continuing, Bowen stated Adairsville’s proposed ordinance essentially defines such firms 4 diverse techniques, impacting shops and shops whose retail stock is comprised of at least 10% of the aforementioned items.
The way the proposed language is stated, the ordinance also applies to firms for which these kinds of items make up 10% or extra of their gross every day sales, 10% or extra of the retail worth of their existing stock or 10% or extra of their enterprise floor location.
“In other words, it is going to be hard to get about this,” he stated. “If you are going to sell a bunch of this, you are going to be topic to this ordinance.”