Hillsborough County commissioners are scheduled to revisit putting a cap on medical marijuana dispensaries on Wednesday, after passing new rules a few months ago that did not have a specific cap on how many businesses could be set up.

  • Commissioners to vote on changes to medical marijuana dispensaries Wednesday
  • Rules would cap dispensaries at 13 and create point system for licenses
  • Currently no cap on medical marijuana dispensaries

“We already in Hillsborough County have regulations on these medical marijuana dispensaries,” said Commissioner Pat Kemp. “We have zoning in place, we have licensure in place, we have enforcement, we have security requirements, we have inspections.”

Kemp said she was the only commissioner who voted against taking another look at the medical marijuana dispensary rules because she fears it will lead to monopolies and lawsuits. The commission is scheduled to vote Wednesday on whether to cap dispensaries at 13 and award those licenses based on a point system that heavily favors some operators.

Commissioner Ken Hagan asked for that cap to be placed on the agenda. Hagan said he did that because “theoretically, there could be an unlimited number… we should initially cap, gauge community response and we can always re-adjust.”

Fellow Commissioner Sandy Murman, who voted for the rules back in March, said the commission needs to implore discipline while enacting the ordinance.

“That limits use to medicinal needs or we put a shop on every corner and let our youth think we have legalized its use,” she said. “We will make sure our citizens that need medical marijuana have proper accessibility and have the appropriate number of facilities for them.”  

Kemp said the medical marijuana dispensary rules they passed back in March already meet that objective and the zoning requirements, similar to strip clubs, only allow those businesses in limited places.

“We have everything out there to really limit and to make sure that these businesses are secure,” she said. “That they’re not on every corner, that there’s not abuses.”

Ben Pollara, the man who spearheaded the United for Care Campaign, which got that medical marijuana referendum on the ballot last fall, said he’s opposed to any Hillsborough County cap. Pollara said city and county governments should not get ahead of the state. He also believes a cap will lead to a lack of product diversity and higher prices for patients.

Kemp said if her fellow commissioners insist on changing the rules, she’s going to propose getting rid of the point system that could grant one business multiple licenses limiting competition.

“Right now there are seven people granted (state) licenses. Two of them because they sued the State of Florida. Now there’s been another lawsuit against the State of Florida and two more have sued. So, it looks like we’re going to have nine licenses in all,” Kemp said. “If we have 13 dispensaries we can give them each one (license) and still have more to spare. Without putting into place a point system that would most certainly welcome lawsuits to Hillsborough County. We will be sued.”

Kemp said when it comes to growers, Hillsborough County should not be in the business of picking winners and losers which would essentially create a cartel. Commissioner will take public comment on the proposed cap at about 10 a.m. Wednesday and then vote on the matter.

Lawmakers in Tallahassee are considering a special session for medical marijuana before the Health Department creates the new statewide rules in a few weeks.