Oakland Park commissioners to reconsider medical marijuana dispensary
MIAMI - One of Florida's biggest medical marijuana dispensary companies wants a shop where past Oakland Park leaders had previously said no. Now, a new court order is forcing city commissioners to reconsider.
Along Oakland Park Boulevard between NW Ninth and N. Andrews Streets, the sign is already green where Trulieve hopes to open a dispensary, but they will proceed with caution.
"If it's medical marijuana, if it's legal in the state, why should it matter what street it's on," Keith Reilly, a resident, asked.
The company applied for proper permits last year. When the city commission and mayor denied Trulieve, the company launched a legal challenge.
In a Broward County court decision, judges John Bowman, Ernest Kollra and Mariya Weeks ruled against the city.
They found the company's application to be "compliant with all the conditions as set forth and the reasons for the denial was premised on personal preference," according to the final order.
Specifically, the city denied Trulieve's "procedural due process when the (former mayor's) interest conflicted with his ability to impartially review the application."
The order said decision-makers felt the dispensary, less than 800 feet from a charter school, would be too close to the campus. However, state law says the city cannot be more restrictive with dispensaries than pharmacies.
"(The dispensary) absolutely should be welcomed," Jason Vandenburgh, another resident, said.
"I have no issue with it," Reilly said. "It's free enterprise. It's business I own my own business myself and I think, in general, we should have less regulation and allow people to own businesses."
Legal expert David Weinstein, a former federal and state prosecutor and current partner at Jones Walker firm in Miami, said the court ruling is hardly a free ticket to set up shop.
"It's a free ticket to get back in front of the commission and in front of the mayor to present their case again," he said. "It can get to same end result but it has to give certain due process and practice and procedures to get there. They can't just sit there with their hands over their ears and their hands over their eyes and not hear what's being said. They have to listen. They have to look."
None of the new Oakland Park Commission members nor the mayor agreed to interviews. A city spokesperson emailed a statement.
"Medical marijuana treatment and dispensing facilities are permitted through conditional use subject to approval from the city commission after recommendation by the Planning and Zoning Board," Shannon Vezina, Public Information Officer for the City of Oakland Park wrote.
"Businesses seeking conditional use approval must meet certain criteria to ensure they will maintain or enhance the character of the surrounding residential or business community. Other dispensary applicants have been approved to operate in Oakland Park, including Surterra Florida in 2019 at 1190 E. Commercial Blvd. and 3 Boys Farms in 2021 at 499 E. Oakland Park Blvd. Trulieve's conditional use application was recommended for denial by the Planning and Zoning Board and subsequently denied by the city commission. The application was appealed to the Circuit Court, which reversed the commission decision. The city commission will therefore reconsider the application within the next few months."
Trulieve's Executive Director of Corporate Communications Rob Kremer responded in a statement too.
"Trulieve is pleased to re-engage with the Oakland Park Commission as we collaborate and move toward opening a dispensary in the area," Kremer said.
"We look forward to being able to share our story and application with the three new commissioners as well as those familiar with our project. The decision of the appellate judges was appreciated and is a positive step in this process. We remain committed to being a part of the great community of Oakland Park."
