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Council mulls restrictions on legal pot use

(7/20) With recreational marijuana now legal in Maryland, the Thurmont Town Council discussed the ramifications at the July 25 Town Meeting. The Town Council and other commissions had already been in contact with Town Attorney Leslie Powell to discuss their rights as town leaders.

As of July 1, Maryland law now allows individuals over the age of 21 may possess and use cannabis in small amounts. According to the State website, the law limits individuals to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis or a total amount of edible cannabis product that does not exceed 750 mg THC.

At the July 25 meeting, the mayor and commissioners discussed possible idea for regulating the sale of cannabis in Thurmont without restricting citizens’ rights given by the new State law. However, Powell had previously told the Council that they can’t "burden" a cannabis dispensary in any way that they wouldn’t any other business.

Planning & Zoning Commission Chairman Randy Cubbedge used part of public comment to discuss ideas for the town commissions to work together to regulate cannabis. "We do have some zoning regulations that we could work into an ordinance," he said. Cubbedge had also contact Powell prior to the meeting and found that the town "does have some say." Cannabis users and dispensaries, for example, need to follow laws already in place for all other public places.

One of these laws is distance restrictions, requiring dispensaries to be a certain distance from buildings such as elementary schools. According to Commissioner Wayne Hooper, dispensaries are required to be 500 feet from any primary or secondary school.

Cubbedge suggested the Town looks into areas of the law that the State or other entities haven’t decided yet. One example he used was school bus stops, as they could be considered extensions of the schools themselves.

Cubbedge also provided a different viewpoint. Even though he is a former police officer, he said, "For someone with a spouse on the medical side, it’s working."

The new law permits individuals to possess the "personal use amount" but not the "civil use amount." According to Thurmont Chief of Police Greg Eyler, those in possession of more than 1.5 ounces of cannabis can be fined $150 for a "civil citation." According to the State website, possession of more than 2.5 ounces may result in criminal penalties.

The issue presented, however, is that the police force can no longer search an individual for cannabis to determine how much they have, and if they are in violation of the State law. Those driving under the influence can still be pulled over but it’s difficult for an officer to determine if the driver is high on cannabis without a blood test.

"It is here. There’s nothing we can do about it in that regard. Let’s make it the best we possibly can for anyone who is on the outside looking in," Cubbedge said.

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