City of Lawton planners want city code to reflect the reality of processing medical marijuana for consumption.
Planners introduced their proposals to the City Planning Commission last week, seeking feedback on whether they were heading in the right direction by creating a four-tiered system allowing some types of processing to be in less restrictive commercial zoning categories, rather than relegate such activities to industrial areas. Commissioners indicated staff is on the right track, meaning city planners will bring their work back to the commission and City Council in draft code form for approval.
Kameron Good, a city planner, said Lawton’s existing regulations on medical marijuana processing are limited.
“Our code is behind the times,” he said, explaining Lawton zoning code provisions governing placement of activities associated with medical marijuana were crafted several years ago without taking into account the various types of processing involved in infusing or converting “edibles” and other products.
“There is an array of processing,” said Deputy City Manager Richard Rogalski, explaining processing can mean an intense chemical process, simply using mechanical means to package pre-rolled joints or blunts, or something in between.
Rather than a generic classification that limits processing to C-5 (the least restrictive commercial zoning) and industrial areas, the proposed tiers would allow some types of processing in more restrictive commercial zoning districts, when some criteria are met.
Facilities would be placed in tiers according to the following definitions:
Tier I: Preparation by mechanical means of “pre-rolled” marijuana cigarettes, joints and blunts and the use of medical marijuana concentrates produced off-site, or medical marijuana plant pieces as an additive to products by means that does not include baking or cooking. No extraction processes may be used.
Tier II: Activities allowed in Tier I, as well as the use of medical marijuana concentrates created off site as an additive to a product by means of cooking or baking. No extraction processes may be used. Good said businesses making baked goods could fall under this category.
Tier III: Activities allowed in Tiers I and II, , and medical marijuana concentrate extraction processes that use only non-flammable substances.
Tier IV: Any types of medical marijuana processing and allowing any type of extraction, to include flammable chemicals such as butane, alcohol, propane and ethanol.
Good said the net effect of the proposed changes would be allowing processing in more areas. For example, while Tier IV would be permitted only in the three least restrictive industrial zoning categories, Tiers I and II would be allowed in all commercial and industrial zoning categories, if they meet criteria (if associated with a growing facility or dispensary, or when all processed materials are sold on site). Good said the goal is breaking up the types of processing to allow less-intense uses in more places in the city.
“There are so many types of processing,” he said. “Processing is clearly a wide variety of things.”
Rogalski said that under existing code, businesses that want the processing option must be located in a C-5 General Commercial District, and that has led to requests for what planners call “spot zoning,” or setting zoning on a tract that doesn’t meet the zoning of surrounding tracts.
“This is the right-sized step,” Rogalski said, adding that with last week’s indication from commissioners, the formal ordinance will be brought back to the CPC for action at its Sept. 16 meeting.
