The city of Anna Maria’s best solution to allowing cannabis sales might be its simplest.
City commissioners April 11 discussed a draft ordinance that would grandfather preexisting sales of CBD and hemp products despite the municipality’s cannabis prohibition.
City code currently prohibits the growing, processing, distribution and sale of any plants or products derived from the genus cannabis, which includes marijuana and hemp.
The city has been working on potential code changes since February, following the denial of a mobile CBD vendor to sell at an arts and crafts show and the issuance of violations to a pair of local businesses for selling CBD and/or hemp products.
City commissioners had been discussing a draft ordinance that would prohibit medical marijuana dispensing facilities and retail establishments with more than 10% of their inventories consisting of cannabis products.
However, city attorney Becky Vose and Mayor Dan Murphy presented an entirely new draft ordinance at the April 11 meeting.
The new ordinance would make businesses with a location within the city — not including mobile sales — eligible to receive grandfather status to continue sales of regularly sold products “that would otherwise have been prohibited” under the municipality’s cannabis ban as of April 1.
Grandfathered businesses would not be allowed to increase their volume of sales.
The proposed ordinance also has a new subsection: “Nothing in this ordinance shall be construed to allow the sale of any product, the sale of which is otherwise prohibited by Florida law as then applicable.”
Vose said the new subsection would prevent the sale of synthetic cannabis products, which are detailed down to chemical makeup in state law.
Murphy said the city also would create a resolution establishing a process for businesses in the municipality to apply for grandfather status under the ordinance. Otherwise, city code would remain the same as it is currently written.
Vose added that the proposed ordinance would not be impacted if the state adopted recreational marijuana laws since such laws often provide carve-outs for cities and counties to opt-out and maintain their own regulations.
Commissioner Gary McMullen, who has expressed opposition to the city’s cannabis prohibition, said he did not like the new ordinance since it did not address CBD sales. He said it did not make sense to prohibit CBD when it was legal almost everywhere else.
However, other commissioners, including Jonathan Crane and Chair Mark Short, spoke in support of the new proposal.
“We’ve had a lot of discussions about this and they’ve all given me a headache,” Crane said. “And I think this compromise ordinance … is quite good.”
Janalee Gallagher, owner of AMI Beach & Dog Supply Co., 313c Pine Ave., Anna Maria, spoke during public comment about her business’ use of CBD products for veterinary purposes.
Gallagher wanted to make sure such canine-grade products would be included in the city’s allowances.
Murphy said Gallagher’s business could be grandfathered under the proposed ordinance.
The city commission will meet next at 6 p.m. Thursday, April 25, at city hall, 10005 Gulf Drive.
Directions to attend via Zoom can be found on the city’s website, cityofannamaria.com.