Horn Lake denied a request by a medical marijuana dispensary to consider changing the requirement to have a full time security guard at the business and to allow them be able to sell drug paraphernalia and also to allow for Sunday sales.
Lucas Todd, manager of Wyze Medical Dispensary, which has two dispensaries in Horn Lake, said the restrictions are hurting their ability to make a profit.
“We have made, in my opinion, substantial changes to try to avoid having to come back and ask for certain amendments to be made,” Todd said.
Horn Lake allows for the sale of medical cannabis, but put restrictions in their ordinance when they oped-in to the state’s medical marijuana law in 2023 to require that all dispensaries have a full time security officer be present on-site during hours of operation. The city added further restrictions banning Sunday sales and sales on some holidays, and prohibited the sale of drug paraphernalia.
Alderman Jackie Bostick said the city spent months and worked hard to come up with an ordinance that would allow citizens who need medical marijuana the ability to buy it, but also placed additional restrictions to protect the safety and welfare of Horn Lake.
“We have our reasons for what we did here in passing the ordinance,” Bostick said.
Bostick said the owners of the dispensary knew what the regulations were ahead of time when they decided to open a dispensary in Horn Lake and that the city shouldn’t have to change the law so he can make a profit.
“You knew you needed a security guard. That was more money you had to spend. To offset that, you came to us two weeks ago wanting to talk to us about you selling paraphernalia. Now you want to go back and come to us to be open on Sundays and holidays and we didn’t agree with that,” Bostick said.
Bostick said they should have calculated ahead of time what their bottom line needed to be in order to make a profit before they applied to open just like every other business does.
“Businesses fail every day,” Botick said. “There are other ways you can cut the money down. You don’t have to be open until 10 p.m. You can have set hours of 8 to 5. That security guard is there for a reason. You’ve got to do things on your end rather than coming back and change rules to get your way to make more money.”
Alderman Michael Guice said the purpose of requiring a security guard full time was out of a concern for the safety of the employees and customers. He said not only is Horn Lake next to a high crime city like Memphis, but medical cannabis is also a mostly cash business with a high volume of product on the premise.
“The money is a concern and the marijuana, but the main thing is the safety of the employees and clients in there,” Guice said. “That was the purpose of a security guard.”
However, Guice said he would be open to discussing the sale of drug paraphernalia.
“As far as the hours, that was a starting point,” Guice said. “The idea was we could go back and evaluate it and see if we could expand it. As an alderman, I am more willing to discuss adding more days of the week. And actually, selling the paraphernalia that goes along with marijuana, if we went in that direction and didn’t get away from the safety aspect of it, his income should go up based on those things.”
Police Chief Nikki Pullen said she doesn’t believe having a security guard makes a difference.
“I have a surprising opinion here,” Pullen said. “I don’t think a security guard is much of a deterrent at all, just based on my professional opinion and his two businesses.”
Pullen said she is unaware of any robberies at medical cannabis dispensaries in Mississippi.
“We have not had any issues out of their dispensaries,” Pullen said.
State Representative Lataisha Jackson, who represents Panola and Tate Counties, spoke in favor of changing the ordinance. She said it was never the intent of the legislature to require medical marijuana dispensaries to have to hire actual security guards.
“I empathize with the gentleman from DeSoto County that is appealing to you all about how the (added financial) burden of a security guard impacts his business,” Rep. Jackson said. “Anyone who is vested in medical cannabis is financially vested to the tune of a lot of money, and they are definitely wanting to yield as much of a profit as possible. Jackson played a video showing that the dispensary already has security me”
Jackson played a video showing the measures in place to prevent unauthorized access to the business. Customers have to show their drivers license and their Mississippi medical marijuana ID card in order to be allowed to enter the actual dispensary.
“For those of you who were able to go to the dispensary, you were able to see that they can’t even go past the lobby area without showing that license and getting to where the product is” Rep. Jackson said.
Jackson also pointed out that other communities in DeSoto County that have medical marijuana dispensaries like Olive Branch and Hernando do not require dispensaries to have a security guard or the other restrictions Horn Lake has in place.
“I’m not saying Horn Lake has to be Hernando,” Rep. Jackson said. “Every board has their own discretion to do what the board sees fit to do. The issue in the ordinance for Zac Hemp is the dispensary not being able to sustain itself because of the financial burden for the security guard and the financial burden for the hours of operation not being able to open on holiday and not open on Sundays.”
Alderman Robby Dupree said there is nothing in the ordinance that prohibits the public from having access to medical marijuana, which is what their intent was. However, the city had every right to impose additional restrictions on how dispensaries are operated and that the owner knew those rules when he opened.
“You are advocating for us to change our ordinance to sell it,” Dupree said. “It’s already here. They can get it now. When they came here and they got their application, and they read their application, they signed their application, and in that application it said ‘must have a security officer.’ They knew going in they must provide a security officer. That being said, they knew what they were getting into. It’s not fair for us to change our ordinances because of them wanting to make a better profit by not having a security officer.
Alderman Dave Young said while he agrees there is a need for medical cannabis – despite his personal opposition – he expressed his concern that it was the third time Todd appeared in front of the board asking them to change the ordinance.
“You’re wanting us to change our operational plan,” Young said. “Business does have a risk, much as Mr. Bostick has said. And I know you understand that, which is why you are here.”
Young pointed out that both Emergency Rooms and medical clinics also have armed security on the premise.
“Why is that?” Young asked.
“To make sure everybody is safe,” Todd responded.
“The same reason he is in your office,” Young continued. “We do not live in the same world of just 30 or 40 years ago. This is a new world for the city. This is a new world for the state. And if you think that being this close to Memphis doesn’t have an adverse effect on your business and that your people could actually be a victim, that’s why there is a security guard there.”
Young was also skeptical that allowing the sale of drug paraphernalia would increase their bottom line. He said people who use marijuana already have a delivery device.
“Well, I think it’s extra profit because you are going to sell those,” Young said. “I guarantee they are not coming into your business, whether you believe it or not, without a delivery device. If you are going to conduct business in Horn Lake, I suggest you get on the other side of this thing. Mr. Bostick is absolutely correct.”
“We’re just asking for the ability to provide not only higher quality, but also the experience and knowledge on the best ways to consume that medicine,” Todd added.
The Board voted 5-2 not to allow the sale of drug paraphernalia. Guice and Alderman LaShonda Johnson voted no. The Board also voted 4-3 not to allow sales on Sunday and major holidays. Guice, Johnson, and Alderman Danny Klein voted no.
