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May 25, 2023 City Council Regular Meeting
Title
9. Approval of a Zoning Text Amendment to Permit “Pharmacy for Medical Cannabis Dispensary or Medical Marijuana Dispensary” as a Limited and Special Use in Certain Zoning Districts. (File No. 22-003953-ZA)
Strategic Priority
Good Government
Description

The City of Savannah is proposing amendments to the Savannah Zoning Ordinance related to a proposed “Medical Cannabis Dispensary” use.  The revisions will include adding such use in the Table of Permitted Uses, creating a definition for such use, and establishing conditions required for such use.

In July of 2021, the State of Georgia passed legislation to allow treatment with and the delivery of medical cannabis, provisions related to dispensing low-THC products and State licensing procedures for cannabis producers. This action followed a series of other legislative actions beginning in 2015 which included creating a patient registry for those with qualifying conditions, expanding access to hospice patients, and provision for instate cultivation to be overseen by the Georgia Access to Medical Cannabis Commission.  

In an effort to prepare for the local impact of the State legislative decisions, the City of Savannah adopted a resolution on March, 22 2022, which established a 180-day temporary stay on the granting of any local licenses or permits associated with the sale or dispensation of medical cannabis. The further purpose of the stay was to “…formulate appropriate public safety plans and zoning criteria to ensure that dispensaries are permitted only within zoning districts that will not compromise the public health, safety and general welfare of the citizens of the City of Savannah…”.  The temporary stay was extended on October 13, 2022.

Since the establishment of the stay, City officials and staff have been preparing the various aspects of the safety and administrative protocols associated with managing the establishment of potential dispensaries. The recommendation reflects regulations in other Georgia communities like Alpharetta, Doraville, and DeKalb County where medical cannabis dispensaries were established as separate uses with conditions. Staff also consulted with Pooler who are also classifying the use as a pharmacy. The proposal mimics the “Pharmacy” use since customers will need to have a prescription for the medicine. It should be noted that the Savannah Police Department also provided their feedback into the development of the proposed regulations. Part of the administrative aspect will fall within the zoning ordinance.

Recommendation

On September 29, 2022, the Planning Commission recommended approval of the proposed amendments to Sections 5.4, 8.4 (new use conditions 8.4.51), 9.3-1, and 13.2 as identified in the staff report. 

Based on feedback from the Council Workshop held on October 13, 2022, the following change have been made to the proposal:

  • The use has been identified as “Pharmacy for Medical Cannabis Dispensary or Medical Marijuana Dispensary”;
  • The use will be permitted as a limited use in same zoning districts (TN-1, TN-2 (corner lot), TN-3, TC-1, TC-2, D-R, D-N, D-C, D-CBD, D-X, D-W, OI, OI-E, B-L, B-N, B-C, B, and IL-T) as the “Pharmacy” use; and
  • The use will  require a special use permit for the same zoning district (B-M) as the “Pharmacy” use.
Contact
Bridget Lidy, Senior Director, Department of Planning and Urban Design
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: MPC Recommendation Packet (File No. 22-003953-ZA).pdf
Exhibit 2: Extend Temporary Stay of Medicinal Cannabis for an Additional 180 Days dated October 13, 2022.pdf
Exhibit 3: Revised Draft Ordinance for Medical Cannabis Dispensaries (File No. 22-003953-ZA) .pdf
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