Bonita Springs City Council ends medical marijuana dispensary ban in tie vote

Bonita Springs is set to become the only city in Lee County to allow medical marijuana dispensaries.

The City Council on Wednesday voted against extending its temporary ban on the businesses.

The council voted 3-3 on the motion to extend a yearlong moratorium another six months. A tie vote automatically fails.

More: Medical marijuana dispensaries banned in Bonita Springs until 2018

Councilors Greg DeWitt, Steve Slachta and Mike Gibson voted against the extension. Councilor Peter O’Flinn was absent.

“I thought it was time,” DeWitt said. “I know there are guys out there suffering from PTSD that have got their medical marijuana cards. It just was the time. It’s just — how many times are we going to kick the can down the road? Either do it or not. No one on the (council) ever said to do a permanent ban. People need (medical marijuana), and we should let them get it locally.”

The moratorium is set to end March 2. Dispensaries can then submit a permit application to the city like any other business although at a much higher level of scrutiny.

A dispensary can open in the same places as pharmacies such as Walgreens or CVS as per state regulations.

That was one of the main reasons the council gave for the moratorium. The members said they hoped new legislation would make dispensaries a new, separate zoning use that can be placed in more regulated areas.

More: Medical marijuana dispensary ban extended in Bonita Springs

“I think Tallahassee has continued to punt on this issue,” Mayor Peter Simmons said. ”It’s a statewide issue, and now it’s being left for the municipalities to decide.”

The council has stated previously it planned to open the city to dispensaries, although they wanted the stricter regulations made available by the Legislature. The council voted unanimously for the previous moratoriums.

While there is no state law regulating how many dispensaries can go in a city, City Attorney Audrey Vance said some municipalities are allowing a couple of the businesses to submit permits before quickly re-enacting a ban.

“Those would be grandfathered in,” she said.

Councilor Amy Quaremba gave no support for the idea.

“It sounds like a really inappropriate way to govern,” she said.

Jeff Field, CEO and managing partner of Cannabisync, was among those who stayed through the four-hour Wednesday meeting to hear the dispensary discussion.

While currently based in Naples as a consulting firm, he is now considering opening a dispensary in Bonita Springs.

“People from Marco Island are having to drive up to North Fort Myers to get medical marijuana,” Field said.

More: Estero bans medical marijuana dispensaries

Collier County has a temporary dispensary ban in place. The nearest open dispensary is in North Fort Myers, although a delivery service is available.

O’Flinn — who left before the vote to attend a meeting on the SUN Trail bike paths — said he would likely bring the item back at the next council meeting.

He opposes the moratorium's end, and his "no" vote would have broken the tie.

“I think the more prudent thing to do is wait and see what the Legislature does in Tallahassee,” O’Flinn said. “It’s very likely I’ll bring it back, just for the sake of a full discussion with a full council.”

If the council reverses course, it would have to do so before March 2. Otherwise, those wishing to open medical marijuana dispensaries in Bonita Springs could submit business applications to the city once the ban expires.