Delray says no to pot growing

DELRAY BEACH — Cities are updating their rules on gardening in the city. While they’re at it, they’re throwing in that growing marijuana is prohibited.

Marijuana remains illegal under federal law, but Delray Commissioner Mitch Katz said it was necessary for the city to ban growing marijuana plants before the state drafts guidelines for voter-approved medical marijuana laws.

“Thisway, it’s in our laws, books, before anybody else passes anything that could potentially pre-empt that from happening,” he said Tuesday.

Delray is one of several cities with a temporary moratorium in place for the marijuana industry. Palm Beach County also approved a yearlong ban in February.

Thenewrules alsowould expandthe areaswhere gardening is allowed to include commercial, light industrial and some mixed-use residential districts.

The city’s planning and zoning director, Tim Stillings, said several restaurants in the city asked for the changes so they can grow more of their own herbs and produce.

The list of prohibited flora includes other plants: noxious weeds, air potato vines and old world climbing ferns.

The commission initially approved the rewrite of the city’s gardening rules with the marijuana amendment onTuesday, but it still needs another vote before becoming law.

Anorganization that supports the reform ofmarijuana laws around the county denounced the amendment as “sneaky,” said Karen Goldstein, executive director of the Florida chapter of the National Organization for theReform ofMarijuana Laws.

It would ban licensed medical marijuana growers from Delray Beach, Goldstein said.

“I think it’s important that they allow public input on it,” Goldstein said. “They should open it for public discussion and really it should be up to voters, not up to the City Commission.”

In November, 71 percent of Florida voters approved Amendment 2, which makes it easier for people with severe illnesses such as cancer to use medical marijuana.

The Legislature is working through plans on howto best regulate thenewindustry.

Rvanvelzer@sunsentinel .com, 561-243-6544, on Twitter@RyanVanVelzer, or visit our ‘Sun Sentinel: Delray Beach’ community page at SunSentinel.com /facebookdelray