Monongalia County commissioners reject additional medical cannabis regulations

MORGANTOWN, W.Va. – Monongalia County commissioners unanimously rejected additional regulations for medical marijuana dispensaries proposed by the board of health.

Commissioners reached the decision after a deliberating following a two work session with board members one week ago. All three commissioners acknowledged the complexity of the medical cannabis business, security, safety and legal issues addressed by the board in their proposed regulations.

The regulations added requirements for two 24-hour security guards, indoor loading docks, an onsite medical professional and additional guidelines for distances from public buildings and other dispensaries. The added regulations were passed on May 27.

“This is a complicated issue, medical marijuana, but this issue to me is very clear,” Bloom said,” The proposed rules are beyond the lawful power and authority of the Mon County Board of Health.”

As the commission liaison to the Monongalia County Board of Health, commission president Sean Sikora observed the board during the process.

” I see that the regulations do have two fatal flaws that require me to vote to reject them,” Sikora said,” Several of the proposed cannabis rules go beyond the statutory authority of the board of health and they also conflict with state rules and laws already in place that regulate the same activities.”

Newly elected commissioner, local attorney Jeff Arnett referred to his objection strictly based on conflict with state law, but did take issue with a portion of comments made during the work session with the board.

“It was stated that you can get a legal opinion to say whatever you want it to,” Arnett said,” From an attorney’s perspective I take offense to that, and especially from the commission’s perspective I take offense to that. We didn’t have an opinion that we wanted, we simply sought an opinion as to what the law was.”

Because this would be the first action taken in the state that could fall under Senate Bill 12 commissioners agreed to produce an order for review and signature by the commission that would document the procedural history and the reason for disapproval.

Senate Bill 12 allows elected members of city councils and county commissions, other local governments more oversight over actions taken by local county health boards. At the time, lawmakers said the bill would allow more local input to potentially controversial issues.

Sikora acknowledged the work of the board and their effort to look ahead to possible futures issues involving medical cannabis, but believes there are procedures in place to address them.

“The effort going forward should to see how we can address these issues,” Sikora said,” Whether that’s through the legislature or the Office of Medical Cannabis.”

As liaison for the county board of health, Sikora expects to learn more about the next steps, if any, in the coming weeks.

“The board of health will meet in July and we’ll see how they follow up,” Sikora said,” I think the commission was loud and clear that we can’t do anything that exceeds the requirements that are in state statute.”

The next scheduled Monongalia County Board of Health meeting is July 29 at 9 a.m. at the Health Department Training Center.