County aims for home rule on marijuana

Despite changes at the federal and state levels, Sarasota County officials hope to pass a resolution barring local sales and use of recreational marijuana.

In November, four states voted to legalize recreational marijuana, bringing the total to 34 states allowing either medicinal or recreational uses. In December, the U.S. House of Representatives voted to decriminalize marijuana at the federal level.

Although Florida has allowed the use of medical marijuana, a constitutional amendment could be on the 2022 ballot to make marijuana available to all adults for personal use, and commissioners say a local resolution should be enacted as soon as possible. 

Commissioners hope to lobby state lawmakers to allow any proposed local resolution to give the county home rule authority, meaning it would have the final say on he use of recreational marijuana should it be made legal state wide. 

“We need to start working on this now so that we get to decide for ourselves,” Commissioner Al Maio, who first brought the resolution up, said. “That way counties that want to have recreational marijuana get to have it and if we don’t we don’t.”

Commissioners attempted a similar ban, introduced by Commissioner Mike Moran in 2018, but had to abandon it because of flawed language.  The ordinance inadvertently outlawed the sale of CBD oil and hemp products, which are legally sold over the counter. 

The new attempt would contradict the city of Sarasota, which in 2019 voted to decriminalize possession of cannabis so long as it is under 20 grams. 

Commissioners at their December retreat directed Rob Lewis, the director of business and economic development, to begin lobbying state lawmakers to allow home rule on the issue.

“Rob needs to get started on it early before [lawmakers] even write anything because once they do, they’ll want to say state law supersedes everything,” Commissioner Nancy Detert said.

Bills introduced in 2020 in both the Florida House and Senate to make marijuana available for adult use failed, but representatives plan to reintroduce legislation in the 2021 session.

Meanwhile, county commissioners continue to block requests for permits for medical marijuana dispensaries. 

“I have a lot of concerns with supporting the start or the expansion to recreational marijuana,” Commissioner Christian Ziegler said. “What I don’t want to do is approve all these medical shops that come before us, and they go through the dog-and-pony show and say, ‘Hey, we want a medical marijuana shop,’ and that’s what we approve. And then all of sudden, overnight, they become recreational.”

Deputy County Attorney Josh Moye told commissioners that if the state passes recreational use without allowances for local authority, it would supersede any attempt the county makes to stop it.