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GRAFTON — Though it was not on
the agenda as an action item, the Grafton Plan Commission quickly
agreed that the village of Grafton’s current zoning was adequate in
regards to CBD dispensaries, at least for the time being.
“CBD dispensaries are not identified in any zoning districts,” said
Village President Jim Brunnquell, who also chairs the Plan
Commission. “If we don’t do anything, it’s basically not allowed in
the village.”
The topic had been brought forth by village staff, who were seeking
guidance in regards to recent inquiries from parties interested in
opening CBD dispensaries in the village.
“It’s not for action, it’s really for direction,” said village
Attorney Mike Herband. “Some of the issues, we’ve seen … it’s a
little complicated.”
Herbrand also serves as the attorney for the city of Cedarburg,
which currently has a draft ordinance under consideration regarding
CBD dispensaries, businesses that are primarily engaged in the sale
of items manufactured from CBD or cannabidiol, which is derived from
the hemp plant. He is familiar with the complicated issue of whether
or not such businesses can legally sell these products in Wisconsin.
“The Food and Drug Administration prohibits the sale of food with
CBD as an ingredient,” he explained. “The state of Wisconsin
prohibits the sale of pet products that contain CBD, though you can
make your own.”
However, he noted that the previous state attorney general, Brad
Schimel, had given a non-enforcement direction regarding the
existing laws concerning CBD. Some municipalities, such as
Cedarburg, are attempting to proactively address the issue through
changes to existing ordinances. Other municipalities are looking at
CBD dispensaries as simply another form of retail businesses and
thus are allowed to open and operate.
Brunnquell also questioned whether or not the sale of CBD products
was legal under the most recent farm bill.
“That’s a good question, and there’s possibly some conflict in the
existing laws,” said Herbrand. “It is gray, and I assume that there
will be a fix from the Wisconsin Legislature.”
Plan Commissioners agreed that the time to address the issue and add
CBD zoning was likely in the future for the village, but not
something they were really interested in addressing at this point.
“While CBD can be helpful health-wise, basically I’m looking at this
as a legal issue,” said Commissioner Mark Paschke. “I think we need
to err on the side of caution here. Once it’s a legalized statute, I
could see adding it into our ordinance.”
“I think we should deny it until we get rid of all that gray area,”
said Commissioner David Liss. “When they figure it out, then we can
amend our ordinance.”
Brunnquell agreed.
“In light of the fact that it is not clear, I don’t think we want to
be on that slippery slope,” he said. “When it does become a legal
sale, then I do believe we need to find a place for it in the
village.”
<<EARLIER: CBD discussion moves to Grafton
<<EARLIER: Farmers struggle with hemp grain, hang
hopes on fiber, CBD |
