The Sapulpa Metropolitan Area Planning Commission (SMAPC) meeting held at 7 p.m., Tuesday, October 23rd, was packed. The reason was soon evident: someone had applied for a Special Use Permit (SUP) for a Medical Marijuana Dispensary downtown.
On June 26, 2018, Oklahoma voters passed the use of Medical Marijuana—by a huge margin—and since then lawmakers have been working on implementing the program and how Oklahoma can use successful programs in 32 other states as a pattern for success here.
So, the first step was for Chris Wygle to have an extensive background check and spend a lot of money for a very restrictive license, and he did that prior to coming to the SMAPC meeting for a SUP. At the meeting, Nikki White read requirements for setting up a Dispensary in the historic business district. It is in a small office on Park Street at Hobson, a renovated building with 2 tenants and a gravel drive. It fits into the Compressive Plan for Development according to Nikki, the Urban Development Director.
Among the rules set out for Dispensaries prior to approval: Medical Marijuana can be sold on the premises only; The SUP provides for retail business only, growing, processing, or research are not allowed; upon relocation, the SUP will be lost; stringent security plan will be in place, to protect money, product, and employees from theft; no signs visible outside the premises, no word “Marijuana” or “Medical,”; all permits visible and up-to-date ; all-weather surface to replace gravel parking lot; all activities must be within the law.
David Widdoes, City Attorney, said the dispensary was authorized by State law and the local city can review on a case-by-case basis. He reminded the crowd that “day cares, churches, car lots and rock quarries” would also have to qualify for SUPs in a similar way.
Commissioner John Mark Young, an attorney, asked the applicant if it “bothered” him that he was breaking federal law, and the applicant referred the question to his lawyer, Ronald Durbin (of Tulsa) who said that federal (DOJ) has defunded the prosecution of any medical marijuana that is legal in any state. It may or may not be “illegal,” but it is not being prosecuted, and “Trump has talked about changing the Schedule” 1 status of Marijuana. Attorney Young disagreed vehemently, saying that “we pledged allegiance to the flag” and the federal laws take precedence over the states. Widdoes said, “(We’re) Not on federal land…Our Constitution allows this, the city has to comply.”
The question about “board certified physician” was addressed, meaning an MD or DO, with an MDI Number (to write prescriptions) and certainly not veterinarians. Mr. Wygle said he would be selling a few other retail items, like t-shirts, “edibles,” and glass pipes, due to limited space.
Commissioner Randy Wood, who owns a bail bonding company, said “Marijuana is coming, folks.” The real problems are meth, coke, heroin. He said he sees more drug-related criminals in a week than most meet in a lifetime. “Cops don’t like it, but it is a minor problem compared to the others. Alcohol is killing more in Oklahoma in car wrecks.”
Again, Councilman Young said, “Local banks won’t take the money” because of the FDIC. Attorney Ronald Durbin said there are state-chartered banks to deal with that, and they keep the money in Oklahoma. Credit cards are easy to use.
Once the council had exhausted its questions, the public was given an opportunity to speak.
David Bennett: It is medicine. Nothing more. Little to no side effects. Help members of the community.
Gary Brunk: No processing or added value? You’re just a middle man? It’s a for-profit business? What hours are you open?
Commission Chair Andrew Probst: Processing and research are not allowed. Open 10 a.m. to 8 p.m., 7 days a week.
This SUP was approved by all members of the Commission, except for John M. Young who dissented.
Next, there was another SUP request for a second Dispensary at 14920 W. Hwy 66, near the Golf Course, by Bill Newton. The main differences here were that there would be no paving of parking, a privacy fence would separate the house from the highway and also from the residential section behind it, and the hours would be 9 a.m. to 8 p.m., 7 days a week. Mr. Newton said, “It is not going to be a hang-out!” There is no prescription. There is a medical card, and a daily limit, and the patient can return the next day for another dose of the daily limit.
Some local residents questioned having “alcohol and drugs in near vicinity” of their houses and children, and burglaries increasing. Commissioner Probst said that improvements in the property would probably increase their homes’ values and that growing marijuana would not be allowed there.
Gary Brunk: He is a retailer or grower? A for-profit business—not the good fairy. There are children in the neighborhood, why do we need another one?” Answer: retail only.
Newton: “There is no evidence that a legal marijuana business is going to attract illegal activity. And opiate use dropped down.”
Commissioner Wood: The ones “with the marijuana cards don’t want to lose their cards. Criminals are going to get ‘weed’ and they didn’t buy it from these guys who have to follow the law.”
Commissioner Probst: “Go to City Council to change the ordinances…These guys spent a lot of money and don’t want to jeopardize their licenses. Next meeting is November 5th at 7 p.m.”
Attorney Widdoes: “‘Baby Boomers’ are the number one users of medical marijuana.”
Steve Mitchell, neighbor: “How about zoning for agriculture? Could zoning change?
Nikki White: It is not zoned agriculture now. It would not comply with USP or agriculture zoning rules. Anyone can apply for zoning change, but approval is not a lock.”
Again, the commissioners approved the second one, with John M. Young dissenting.
There were a couple of changes in zoning, east of Freddie’s where the Animal Shelter is going in, from commercial to industrial, and near John Christner Trucking on Highway 33, Senegence’s large lot changed from (Commercial) retail center to manufacturing (Industrial.)
The meeting lasted about 2 hours. The next meeting is November 27th.
