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Southaven reviews draft medical‑cannabis ordinance to allow dispensaries in Commercial Medical district; no vote
Summary
City attorney presented a draft ordinance to opt in for medical cannabis dispensaries limited to the Commercial Medical district, with time‑place‑and‑manner rules, application fees and state permit requirements. The board discussed zoning, standalone building limits and litigation risk but took no action.
The Board of Aldermen reviewed a draft ordinance prepared to allow medical cannabis dispensaries in Southaven’s designated Commercial Medical district. The City Attorney said the draft would "be opting in if they wanna opt in for dispensaries" and described the ordinance as a time‑place‑and‑manner regulation that must allow practical operation under state statute and Department of Health oversight.
The City Attorney described core provisions in the draft: local review to confirm Department of Health permitting, a site‑plan and planning‑office signoff, annual inspections by police and code, and fees for city processing. "…we need to have those things in our clerk's office to make sure everything can comply with before we can actually issue the permit," the City Attorney said. The draft fee schedule in the packet included a $2,000 application and a $500 annual renewal and proposed operating hours in the draft of 7 a.m. to 7 p.m.
Aldermen asked whether the city could require dispensaries to be freestanding buildings or otherwise restrict locations akin to liquor‑store controls. The City Attorney said a time‑place‑and‑manner ordinance could include language about freestanding structures but warned that overly restrictive limits risk making operation impractical and vulnerable to legal challenge; "it's a subjective term" and enforceability would turn on whether restrictions effectively barred operations in the district.
Council members discussed the 1,000‑ to 1,500‑foot state distancing requirements from sensitive uses, the practical number of dispensaries that could locate in the district, and the need for staff to finalize checklist and permitting language. After discussion and a request for additional review, the board took no action; the City Attorney and clerk's office were asked to allow members more time to review and to return the ordinance for future consideration.
No final motion to adopt the ordinance was made at the meeting.
