Amendment may snag medical pot bill
Surprise move may have poisoned Anne Arundel compromise
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.