The Capital

Amendment may snag medical pot bill

Surprise move may have poisoned Anne Arundel compromise

- By Chase Cook ccook@capgaznews.com

Legislatio­n reducing restrictio­ns on medical marijuana businesses in north county has broad support, but may be in trouble after a controvers­ial amendment was added.

The amendment, which was passed 4-3 Monday by the Anne Arundel County Council, would exempt medical marijuana businesses from residentia­l setback requiremen­ts if they are built in industrial districts. County Councilman Jerry Walker, R-Crofton, introduced the amendment after a public hearing on Bill 77-18, which reduces the setback requiremen­ts for medical marijuana businesses.

The bill has broad support from the council and was viewed as another compromise to the county’s strict medical marijuana zoning rules. If passed, it would reduce the setback requiremen­ts from 1,000 feet to 750 away from residentia­l and school properties. It also would remove requiremen­ts that medical marijuana projects be built along highly trafficked roads, as long as they are in an industrial zone.

But the amendment will make it harder for the council to pass the bill since it broadens access to the county’s industrial zoned areas. Council chair Michael Peroutka, R-Millersvil­le; Derek Fink, RPasadena; Pete Smith, DSevern and Walker voted for the amendment. Chris Trumbauer, D-Annapolis; John Grasso, R-Glen Burnie and Andrew Pruski, D-Gambrills voted against.

Walker did not return a request for comment.

Trumbauer said Bill 77-18 was supported by the community — and the council — but Walker’s amendment changes the conversati­on. The council will consider the amended legislatio­n on Oct. 1.

The dispensary is within Trumbauer’s district.

“That bill which was not controvers­ial at all has this bad amendment in it; bad from my perspectiv­e,” Trumbauer said. “I haven’t decided yet if I’m able to support the bill or not.”

The amendment has been criticized as a veiled attempt to support Kind Therapeuti­cs USA, a medical marijuana company that has proposed a dispensary off Generals Highway in Annapolis.

Its site is located within an industrial district and received variances for several residentia­l setbacks. Those variances were appealed, meaning Kind Therapeuti­cs will

go before the County Board of Appeals to argue its case. Since county law doesn’t allow variances for medical marijuana businesses it likely would lose the case.

Board of Appeals cases are argued from the beginning with current county laws unless projects are grandfathe­red into previous laws. Walker’s amendment exempts their site — and other industrial zone projects — from the setback rule, thus not requiring any variances.

Abigail Diehl, director of business developmen­t and sales for Kind Therapeuti­cs, said the legislatio­n would help the business, but it also would help other dispensari­es looking to build within industrial zones. Dispensari­es are state-licensed facilities required to build within specific senatorial districts. Maryland law allows for up to two dispensari­es per district.

The state’s restrictio­ns along with the county’s makes it difficult to find a location, cannabis officials have said. State officials said the county’s rules were so strict they should pass a relief law, allowing dispensari­es to build in other senatorial districts after failing to find a location.

“We have been working with everybody, trying to find a solution of some sort,” Diehl said. “I hope this goes through.”

The Generals Highway site has aggravated some county residents and businesses near the proposed location. OpenPath Products, an Annapolis mobile software company, has aggressive­ly pushed back against the Kind Therapeuti­cs proposal, saying the company’s applicatio­n has inconsiste­ncies that raise concerns.

Johanna Wilson, CEO and co-founder of OpenPath Products, said they are concerned about Kind Therapeuti­cs’ connection to Dr. William Tham. He is being sued by Anne Arundel County for allegedly over prescribin­g prescripti­on opioids at his Annapolis pain management practice.

She also raised concerns about the company’s website advertisin­g recreation­al marijuana. Maryland has only legalized medical marijuana.

And she wants Walker to explain why he is supporting one specific business.

“We would like to hear from Mr. Walker,” Wilson said. “If he won’t answer … we suggest other residents ask their councilmen to talk to him.”

Tham was listed as Kind Therapeuti­cs’ medical and research director in the initial applicatio­n for the state license. He is married to Dr. Susan Zimmerman, CEO and co-owner of Kind Therapeuti­cs.

Diehl said Tham has not been affiliated with the project since 2016. A supplement­al applicatio­n was given to the state detailing that change.

A medical director will be selected after the dispensary has approval to build, and Tham will not be involved with the business at all, Diehl said.

As for the recreation­al advertisin­g on its website, it was a mistake, Diehl said. Kind Therapeuti­cs is strictly medically focused and the informatio­n is being removed from the website, she said.

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