Pontotoc Aldermen approve medical marijuana ordinance, await Dec. 15 election result

At last week's December 6 board meeting, Pontotoc's Board of Aldermen passed a medical cannabis (marijuana) ordinance  which establishes time, place, procedures and regulations for medical marijuana establishments if voters were to approve the petition generated referendum.

The board of aldermen held a public hearing on the medical marijuana ordinance as the first item of new business but no one appeared to offer public comment. 

After some discussion among board members, the medical cannabis ordinance was passed unanimously.

"If the medical marijuana sale and production passes we have this ordinance in place which gives us more control and outlines everything," said Pontotoc Mayor Bob Peeples, who has urged residents to vote against the issue. "If residents vote it down, it's a moot ordinance. But we needed to be prepared either way."

According to the ordinance, "the regulations, procedures, limitations and prohibitions established in the ordinance are necessary to encourage safe, reasonable and responsible operations of medical cannabis establishments within the city in a manner that reduces negative impacts on the community and environment, increases public awareness and protects community health, safety and well-being, while creating a clear and attainable path for medical cannabis establishments to follow and authorities to enforce."

"The legislative intent of these adopted regulations are intended to ensure the public health, safety and welfare of residents of the city, persons engaged in medical cannabis establishments, including their employees, neighboring property owners and users of medical cannabis."

Prior to the initiation of any medical cannabis establishments, a $5,000 medical cannabis permit must be obtained from the city clerk. 

According to the ordinance, "applicant shall pay a non-refundable application fee of $5,000 for request to obtain a medical cannabis establishment permit. The fee expires every year on September 30. The fee will not be pro-rated. The renewal fee must be paid before the permit expires each year on September 30."

"If the applicant does not renew the medical cannabis permit before the September 30 expiration each year, there SHALL be no renewal allowed. Applicant would be required to request a new initial application for medical cannabis establishment permit."

"If the applicant does not renew the fee before the Sept. 30 expiration, the police department shall require the business to cease operation until the permit has been properly renewed."

All operators will be subject to compliance inspections and annual on-site compliance inspections. 

As for hours of operation, "cannabis facilities including cultivation, processing, testing, research, disposal and transportation shall be limited to 7 a.m. to 7 p.m. Sunday through Saturday."

"Medical cannabis dispensary facilities shall be limited to 10 a.m. to 6 p.m. Sunday through Saturday."

As for on-premise security requirements, "all establishments must have 24-hour video surveillance that can be made available to the Pontotoc Police Department for review upon the department's written request for review."

As for signage, " all medical cannabis establishments are subject to sign regulations as defined by Pontotoc Municipal Code. There shall be no advertising for medical cannabis outside of the interior of the building where it is to be sold."

Violation of the ordinance is punishable by fines of $250 to $1,000 and/or incarceration not to exceed 180 days.

Other new business matters approved included:

-a motion to offer Air Med Care for city employees; employees will pay the $65 per family fee which pays for emergency helicopter transportation in a medical emergency;

-a motion to hire Murals & More from Nashville for $35,000 from tourism funds to paint a mural on the south side of the brick wall at the First Choice Bank Gateway pavilion; A grant will fund $20,000 of that cost;

-motion to pay Three Rivers Planning and Development District $45,000 for annual funding out of tourism;

-accepted the resignation of Patrol Officer Travarous Wheeler who joined the Olive Branch Police Dept;

-the promotion of Heath Gobbell from part time to full time Pontotoc Police Dept. Patrol officer; a Hurricane Community resident, Gobbell has worked 12 years at the Fulton Police Dept., plus part-time for Pontotoc;

-$2,204.15 out of tourism to the chamber of commerce for hosting two city events;

-acceptance of ARMS court reporting system quote of $22,000 for Pontotoc City Court business with a yearly renewal rate of $18,000; Police Chief Randy Tutor told aldermen, "Now every ticket written goes to the police side and the city court side of filing and saves a lot of hands on busy work, plus the other system crashed. But this is much better system."

-promotion of volunteer fireman Kyle Stafford to full-time fire at the Pontotoc Fire Department as of Dec. 12, 2022;

-the hiring of Terry Murray as a water dept. worker at $19.00 per hour effective Dec. 12, 2022; Murray has an industrial maintenance degree;

-payment number 3, totaling $267,845.67 for the annex area sewer project and an invoice payment of $12,648.00 to ESI for engineering services;

-a final payment of $216,822.52 for the Magnolia Way natural gas expansion project in Sherman; 

-contact Double B Farms for a payment of $4,650.03, which was the cost of fixing a natural gas line which was cut without calling for an 811 gas line locator service.

Consent agenda items approved included:

-approve water adjustments;

-gas rate effective Dec. 1, 2022, at $11.00, based on O&M of $4.00 and PGA of $7.00;

-payroll for November totalling $541,661.99;

-sending Lance Martin and Brad White to the MML Mid-Winter Conference Januaryy 10-12, 2023; travel by city vehicle with meal per diem;

-Pontotoc Park and Rec 2023 calendar.