Birmingham City Council District 3

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Birmingham City Council Highlights 11.1.22

Here are a few of the legislative highlights from Tuesday’s Birmingham City Council meeting, in case you missed it.
 

ITEM 50

Today the Birmingham City Council voted to set a public hearing for the Tuesday, November 29th meeting to consider an amendment to the City’s zoning ordinance that would allow for medical cannabis dispensaries and opioid replacement therapy centers to operate in Birmingham.

In October the Birmingham City Council passed an ordinance that laid the groundwork for medical cannabis dispensaries to operate within the city limits.

That vote was the first step in a lengthy process that is laid out in the state bill that was passed earlier this year. In order to eventually accommodate medical cannabis dispensaries, municipalities must first pass an ordinance to allow for such businesses – which is what was accomplished last month.

The November 29th Public Hearing will deal with zoning changes that are necessary for the process to move forward.

“It’s important for Birmingham to lead the state in regards to access to medical cannabis,” Council President Wardine Alexander said. “Not only is Jefferson County the most populated in the state, but Birmingham has been a leader in healthcare for Alabama and the region and this is another form of care that we will be able to provide to those in need. Medical cannabis dispensaries will provide a new tax revenue stream for the City while also adding employment opportunities."

It’s no secret that marijuana-related arrests have disproportionately impacted Black communities around the country. Councilor Carol Clarke said she would like to see equitable processes be put in place to help provide economic opportunities for historically underserved communities.

“This is all new, but I want to make sure that we’re being inclusive to all our communities in Birmingham,” Clarke said. “As a city, moving forward I hope we can be intentionally inclusive in that regard with who can operate and who is benefiting from these new businesses.”

Here is a brief breakdown of what the state bill:

BILL ALLOWS THE FOLLOWING SALES : Oral tablet, capsule, or tincture. Non-sugarcoated gelatinous cube, lozenge in a cube or rectangular cuboid shape. Gel, oil, cream, or other topical preparation, Suppository, Transdermal patch, Nebulizer, Liquid or oil for administration using an inhaler.

BILL DOES NOT ALLOW: Raw plant material; Any product administered by smoking, combustion or vaping; A food product that has medical cannabis baked, mixed, or otherwise infused into the product, such as cookies or candies.

The Alabama Medical Cannabis Commission will have regulatory powers and oversight for the medical cannabis dispensaries.

The Commission will be accepting applications for dispensaries from October 31, to December 30, 2022. Following a public comment period, licenses will start be issued after July 10, 2023. There are a limited number of licenses that can be issued for municipalities.

QUALIFYING CONDITIONS FOR PATIENTS

  • Autism Spectrum Disorder (ASD)

  • · Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain

  • · Crohn’s Disease

  • · Depression

  • · Epilepsy or a condition causing seizures

  • · HIV/AIDS-related nausea or weight loss

  • · Panic disorder

  • · Parkinson’s disease

  • · Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome

  • · Post Traumatic Stress Disorder (PTSD)

  • · Sickle Cell Anemia

  • · Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis

  • · Spasticity associated with Multiple Sclerosis or a spinal cord injury

  • · Terminal illness

  • · Tourette’s Syndrome

· A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective

Here is the item as it appeared on Tuesday’s Agenda:

A Resolution setting a public hearing November 29, 2022, to consider the adoption of an Ordinance to amend the City of Birmingham zoning ordinance to include revisions to opioid replacement therapy treatment facilities and the addition of medical cannabis, (Case No. ZAC2022- 00016). [First Reading] (Submitted by Councilor Abbott, Chair, Planning and Zoning Committee) (Recommended by the Z.A.C. and the Planning and Zoning Committee)*

Upcoming Legislation

Last week, the Council’s Transportation Committee considered and recommended an item to the full Council dealing with the expansion on Birmingham On Demand, a rideshare service that has operated in Birmingham since 2019.

According to the proposal, the service will be expanding to 19 neighborhoods to the East, a move that members on the Council have been advocating for since the service began.

“It’s logical to look into tying that service into the Birmingham Express Routes that run East to West, especially to the East Transit Center in Woodlawn” Councilor Darrell O’Quinn said. “If you call for a ride within the expanded coverage zone, people can be dropped off at the transit center and be downtown in very short amount of time.”

When considering where to expand the services, City officials looked at indicating factors such as car ownership numbers and poverty rates which often dictate where transportation services are needed the most.

The BJCTA will begin their nighttime Birmingham On Demand service starting at 7 p.m. within the next month, a move that is sure to help bolster ridership across the city. The item must still come before the Council for approval. More information on this will be released when it becomes available.