MARTINSBURG, W.Va. — There is a referendum on Medical Cannabis Organizations being allowed to operate in Berkeley County, but not every Berkeley County voter will see it.
The question seeks approval or disapproval for Medical Cannabis Organizations as defined by the West Virginia Medical Cannabis Act to be permitted to operate in Berkeley County.
Twelve precincts in the city of Martinsburg and half of Precinct 44 voters in Hedgesville will NOT see that question on their ballots, according to Berkeley County Chief Deputy of Elections Donnie Plotner.
He says the idea came from Chief Legal Counsel for Berkeley County Norwood Bentley.
“Should Medical Cannabis Organizations, as defined by the West Virginia Medical Cannabis Act be permitted and allowed to operate in Berkeley County?
If approved by the voters, this would allow Medical Cannabis Organizations, as defined by the West Virginia Medical Cannabis Act, including dispensaries, growers and processors licensed by the State of West Virginia to operate within Berkeley County subject to all other laws, rules and regulations that would otherwise be applicable to Medical Cannabis Organizations.If rejected by the voters, Medical Cannabis Organizations would be prohibited from operating in Berkeley County.”
REFERENDUM, as seen on some Berkeley County ballots
Berkeley County Legal Counsel Norwood Bentley tells the Panhandle News Network, “Unlike other ballot initiatives in the State Code, the Medical Cannabis Act, itself, did not provide specific instructions on how the vote was to be accomplished.”
Bentley says the original Medical Cannabis Act distinguished between counties and cities by allowing them the right to establish those organizations through their own ordinances.
He says his office was told by the city of Martinsburg in particular that they preferred to handle the issue through their zoning ordinance. No word on whether his office made a similar inquiry to Hedgesville.
Bentley says the move would “permit the residents in each of the governing units of our County to control their own destinies with regard to Medial Cannabis.”
Some of the city residents who interacted with the Panhandle News Network say they are not happy with the fact that they had no chance to weigh in on a county measure that could impact them.
Bentley says the ballot decision is consistent with the county’s last two zoning ordinance referendums in that the question was not posed to any voters inside incorporated cities.
Story by Marsha Chwalik, Panhandle News Network