No commercial operations outside OK’d marijuana established zones

Recognizing the absence of zoning on both Tinian and Rota, the Commonwealth Cannabis commissioners of both senatorial districts will be ensuring that the public will have opportunities to comment on the location and proposed activities of cannabis businesses on either island.

Commissioner Matt Deleon Guerrero explained at the Senate Committee on Cannabis and Gaming meeting Wednesday that, based on the regulations, in the absence of and prior to Saipan Local Law 21-15 on zoning, the commission has an interest to ensure that there is a level of control as to the location of certain marijuana industries, particularly lounges and retail operations, on Tinian and Rota.

“We feel, within our regulation, in our ability to hold hearings on applicants, that we would like to open up that opportunity when commercial applications come through, for the public to talk about the use of a particular land, as it relates to the industry,” he said.

Sen. Teresita Santos (Ind-Rota) raised issues concerning Rota Local Law 8-2, enacted in 1993 to establish a zoning code for the First Senatorial District.

“Rota Local Law 8-2…provided the Rota municipal council additional duties and responsibilities to act as zoning boards but this was never exercised or executed. In the same local law, the council is supposed to employ a zoning administrator and approve a land use plan, none of which are in existence,” she said. “So this raises a concern with regards to commercial activity as to the sale of cannabis in nearby schools, churches and residential areas.”

According to Guerrero, there are statutory restrictions on distances from churches, schools, daycare centers, and clinics and hospitals, and that there is a 500-foot requirement that overlays in all of the jurisdictions and municipalities, as to where or where can’t a cannabis business operate.

“There was a need [to ensure] that the benefits are able to be maximized through locations that are accessible to tourists, and that any issues and problems can be limited when it comes to locations in residential or in village areas,” Guerrero said. “Within our regulations, we have provisions for lounges and retail operations that, in addition to the 500-foot requirement, that we tell them that they can only operate within approved marijuana established zones, and the approval of those zones were set up to be established by the commission.”

The commission, since opening its registry in early August, has been getting a lot of inquiries and interest, particularly on the cannabis commercial licensing side.