Medical marijuana ordinance passes Savannah Council, but not without allegations of racism

Following a contentious hearing where Savannah City Council members compared a zoning ordinance for medical marijuana dispensaries to racial redlining and segregation, the group voted 6-3 to approve it.

Savannah City Council approved a new zoning classification for cannabis dispensaries, one that mostly mirrors pharmacies, with many conditions on where they can be located. Director of Planning and Urban Design Bridget Lidy said the designation was perhaps the most restrictive zoning classification in the city.

The three nay votes, 1st District Alderwoman Bernetta Lanier and at-Large Alderwomen Alicia Miller Blakely and Kesha Gibson-Carter, took issue with one specific restriction of the zoning ordinance: the dispensaries cannot be located within an alcohol density overlay district, which they said mostly include Black communities.

"We’re saying that we don’t want to put this medical use near Black people because what? They don’t get sick?" Lanier said. "In the past, zoning has been used as a barrier, redlining segregation. And here we are again."

Medical cannabis is an 'evolving field'

The city won't issue licenses to sell medical marijuana. Only the state can issue medical cannabis licenses, and that only just started in April.

City Manager Jay Melder frequently pointed out that council was voting on the locations where medical cannabis dispensaries would be allowed, through an an ordinance that leans on the state's ever-changing laws regarding medical marijuana use.

"For medical cannabis, we don’t have the authority to permit or license a medical cannabis dispensary. That’s the job of the state, just like they would license a pharmaceutical office or a medical office or anything else," Melder said.

Mayor Van Johnson said the zoning classification sets the stage for the zoning of recreational cannabis dispensaries, should the state legalize marijuana in the future.

“The challenge is: this is a rapidly evolving field," Johnson said. "We know it’s coming… .The question is: When you know the rain is coming, do you wait for the rain and then get an umbrella? Or get the umbrella before it rains?”

What does the ordinance say?

So far, the state has issued five medical cannabis license to two companies, Botanical Sciences LLC and Trulieve GA , with dispensaries in Cobb, Bibb and Chatham County. Both Chatham County locations are to be in Pooler, one of which will open in July.

More:Coming soon to Pooler: Medical cannabis dispensaries. Here's what you need to know.

Following council's vote, dispensaries now have a clear, if not restrictive, set of guidelines for where storefronts would be allowed within the city.

The recommendations of city staff came after study of other communities with similar ordinances. The proposal council approved Thursday mimics the zoning classification for pharmacies, since customers will need a prescription to purchase low-THC cannabis products.

Medical cannabis dispensaries will be allowed in the same zoning classifications as pharmacies, but with more conditions.

In order to be heard by council, a cannabis dispensary applicant must meet the following requirements:

• Provide the city with a security plan as well as fail safes in the case of a malfunction, that must be approved by Savannah police.
• Dispensaries are barred from using flashing lights, search lights, spot lights or similar lighting. No electronic signs or message boards.
• Hours of operation must be from 6 a.m. to 10 p.m.
• Dispensaries must be situated a standalone building.
• Cannabis can't be consumed on site.
• Cannot be in an Alcohol Density Overlay District.
• Applicants will be required to provide their state medical cannabis dispensary or medical marijuana dispensary license.

Additionally, a medical cannabis dispensary cannot be located within 2,000 feet to civic areas such as botanical gardens and cemeteries, community service locations like libraries, museums, post offices, police or fire stations, day care services, schools, colleges, and universities, places of worship, detention and correctional facilities, health care facilities, and food and drink establishments and package stores.

What's the history of medical marijuana's legalization?

Passed in 2019 under the Hope Act, medical cannabis is prescribed to patients as an oil with no more than 5% THC (the chemical in marijuana that produces psychoactive effects). The law did not legalize the smoking or vaporizing of cannabis, which acts as a pain reliever for patients with a variety of conditions. Medical cannabis is legal in 37 states.

In July 2021, the Georgia Legislature passed a bill that allows treatment with and the delivery of medical cannabis, but only for low-THC products.

A year later, Savannah City Council adopted a resolution that established a 180-day stay on the granting of any local licenses or permits associated with the sale of medical cannabis, followed by another extension in October 2022 for an additional 180 days. This was to allow the city time to craft a zoning district and public safety plans for dispensaries, according to those resolutions.

Georgia’s medical marijuana law does not legalize the growing, sale, or any possession of the plant in leaf form. Edible marijuana is still illegal as well, even if the product is infused with low THC oil.