#EM2019 – Candidate Question – Marijuana

Question: Hypothetically, it is now legal for marijuana to be used for medical and recreational purposes per the State of Utah. A rezone and preliminary plat for a marijuana dispensary is on the city council agenda. What things would you take into consideration, and how would you vote on the rezone if it was within city code, but something the majority of the residents have voiced objections to?

Jared Gray

This is something we must be in front of. If it’s in an allowed use zone, I would vote the way we have to giving it’s in a zone that allows it. But more importantly, we need to make sure our zoning maps are very specific and we designate where the appropriate areas are that this use would be appropriate, and designate that ahead of time so there is no question what and where certain uses are allowed.

Colby Curtis

For this purpose, I previously requested that code be put in place regarding dispensaries. Our planning department has a draft code that still needs to be adopted, but some of the considerations I suggested were to prohibit the facilities in close proximity to homes, schools and churches, near any sexually-oriented businesses (of which we have none), as well as to limit how many can be within proximity to each other. It would still allow for the facilities, but make sure they are away from residents.

Rich Wood

This is a discussion we have already had as a planning commission and city council when we were working on the General Plan. We will likely have discussion about this as we review the Commercial and Industrial Zones in the coming month. Ultimately businesses that are viewed as undesirable will have to meet the requirements of the zone code. I anticipate that we will use the same principles to create the commercial zones as we did for the residential zone that puts a rezone request in the hands of the administrative and legistlative bodies.

Devyn Smith

Most of our city voted in favor of marijuana. If a dispensary meets code then it should be approved. If this is something we do not wish to allow within the city, we should make the appropriate change in code.

Carolyn Love

The city is not allowed to deny a business license or the application for a rezone based on personal objections. This is considered capricious and arbitrary. The way to discourage businesses that residents object to, is to include zoning restrictions in the city code. However, this would need to be done before an application for this type of business is made. As an example, city code currently only allows for sexually oriented businesses in an industrial zone. Groups concerned about a marijuana dispensary, or other business, should bring their concerns to the city. If it is likely that the majority of residents share these concerns, a survey could be conducted. Restrictions could be added to city code if the majority of residents were in agreement.

Ben Porter

Hypothetically if marijuana were legalized for medical and recreational purposes, I would expect that the State of Utah would make themselves a monopoly provider much in the same way they currently do with most alcohol products. If that were the case, we may not have much choice but to approve it for somewhere in Eagle Mountain if the Utah Department of ABC (or whoever was put in charge of managing it) were set on bringing a store here. I do think chances would be much higher that it would go to Saratoga Springs instead of Eagle Mountain thoough, so it isn’t likely to be an issue. However, for the sake of giving an answer, let’s stipulate that it’s coming to Eagle Mountain. City Council’s hands may be somewhat tied by State law, but for the sake of the hypothetical scenario let’s again stipulate that they aren’t. Things that I would take into consideration are proximity to schools and churches, and other things (like a Daycare Center, etc). If there were no existing city code regarding proximity, I would work on getting one in place because I think that is important. Some additional considerations would be signage on the building, advertisements, and other things. Many municipalities have placed reasonable limits on those things, and I think Eagle Mountain should consider that as well. I would also want to hear from the industry regarding ideas they have. I do believe we could find a place where it would be OK, and I would work to do that. In many other states that have been through legalization there have been processes put in place, and rules to manage the negative externalities. We could and should do the same. If we do that, I don’t think it would have to be a big deal. As representatives, I also think that it would be important to represent our residents who would want or need a marijuana shop as well. One of the dangers of democracy is that it can enable a minority to be tyrannized by a majority. Our representative form of government is meant to be a check and balance against that. Given the makeup of our city, I think this is an area where we would need to be attentive to ensure that the minority isn’t being trampled.