County passes ordinance prohibiting Medical Cannabis
The Harlan County Fiscal Court opted not to allow medical cannabis operations within Harlan County during the court’s August meeting.
Cities within Harlan County are still able to make their own decisions whether to allow medical cannabis businesses to operate within the cities.
Harlan County Judge-Executive Dan Mosley brought the ordinance up for a second reading.
“This was a lengthy discussion at the court meeting last month,” Mosley said. “We had decided after a discussion about this that it would incur an expense to us by allowing it that we didn’t really want to incur. We had a first reading and kind of kicked the can down the road to see what happened as far as other governing entities.”
Mosley said the cities of Harlan, Cumberland, and Evarts have all passed resolutions to place the matter on the ballot for the voters to decide.
“I think that accomplished our goal to see what everybody else was going to do,” Mosley said. “We felt like it is something better regulated inside the city limits.”
Mosley pointed out that should the cities’ residents vote to allow medical cannabis, there is no guarantee the state would grant a license to operate such a business.
“The resolutions the cities have passed will give it the opportunity to be on the ballot,” Mosley said. “This would be a second reading of an ordinance related to the prohibition of cannabis business operations in the county of Harlan.”
Mosley explained the ordinance would not impact cities should their residents vote to allow medical cannabis operations within their city.
“If they (cities) so choose to pass it, it would allow operations to exist if a permit was applied for and granted,” Mosley said. “We felt like this was a city matter and would be better regulated in the cities.”
Mosley then performed the second reading of the ordinance prohibiting medical cannabis business operations in Harlan County. The magistrates voted unanimously to adopt the ordinance.
“The ordinance prohibiting the operation of cannabis businesses in the county of Harlan has passed,” Mosley said. “As stated, cities that have passed resolutions will have the opportunity to decide that within their city limits by ballot.”
Mosley explained the state law allowing medical cannabis in no way legalizes recreational marijuana.