DES PERES, Mo. — There’s opposition over plans to expand a local marijuana dispensary next to a children's tutoring center in Des Peres. Some businesses and neighbors feel the city should put a stop to it.
At issue is whether or not the tutoring center in Des Peres is considered a school or even a daycare center. The decision city leaders came up with finds some firing back.
State law says a marijuana dispensary can't be within 1,000 feet of a school, daycare center, or church. When you ride down Manchester Road in Des Peres, you may see a red sign that reads "No Cannabis Dispensary Here". Opponents are referring to the company Root 66, which operates in St. Louis.
Owners have asked Des Peres leaders if they can expand to the current Paper Dolls Boutique.
"It just concerns me for the future of what it could bring to the neighborhood,” said Kim Wicks of Frontenac Salon.
The proposed location isn’t within 1,000 feet of a school, but it is two doors down from Mathnasium, a tutoring center for children.
City Administrator Douglas Harms sent 5 On your side a statement saying:
"Des Peres has received and is currently evaluating a petition to locate a Medical Marijuana Dispensary at 12095 Manchester Road. The Missouri Constitution, as amended by voters in November 2018, allows medicinal marijuana dispensaries in Missouri and expressly provides that local governments may not prohibit such uses by ordinance or regulation. Cities are allowed to regulate their operation but such regulations may not be unduly burdensome - a legal term that is vague and will undoubtedly be interpreted in future court decisions as application of regulations on this industry evolve."
That’s not stopping nearby business owners from voicing their concern.
"It's all kids and I do a lot of families that have a lot of kids. There's a lot of issues these days with these kids and if you just put it right there in their face, I'm afraid we're going to have more issues with it,” Wicks added.
The owners of Mathnasium sent a letter to the Mayor of Des Peres, saying in part: “We are disheartened to hear of the possibility of a dispensary opening so close to our center. As parents to tow teenaged daughters, we are in the unenviable yet familiar position of vigilant sentinels of our children’s safety and judgement as they navigate their way from dependent beings to full-fledged adults. The parents who entrust us with the education of their children occupy the same position as we do, most with even younger kids, and would be uncomfortable leaving them in the care of our facility when it is next to a business that would unnecessarily and prematurely expose them to concerns and issues beyond their current capacity to process and understand.”
People shopping in the area reacted to the news.
"If the space is open and it's available for them to rent it out, then they've got the right to do it,” Alycia Lawson said.
"It's a little unethical to put a daycare center and a weed dispensary right here,” Dontajjae Thomas added.
She believes if it opens, the dispensary should be isolated from other businesses.
"They have it in their own little space so it's not around everybody else," she said. "A lot of people feel like it's getting pushed on them."
Des Peres officials looked into this matter and determined the tutoring center does not fit the definition of a school. A nearby business is appealing that decision and since this issue could end up in court, the city is putting the dispensary's request on hold for now.
“The city has previously denied two applications for marijuana dispensaries at locations within the city that were within 1,000 feet of a church or day care center,” Harms pointed out.
In August of 2018, Missouri voters approved an amendment to the Constitution states the following:
“Unless allowed by the local government, no new Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana- Infused Products Manufacturing Facility shall be initially sited within one thousand feet of any then-existing elementary or secondary school, child day-care center, or church. No local government shall prohibit Medical Marijuana Cultivation Facilities, Medical Marijuana Testing Facilities, Medical Marijuana-Infused Products Manufacturing Facilities, or Medical Marijuana Dispensary Facilities, or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome in the jurisdiction. However, local governments may enact ordinances or regulations not in conflict with this section, or with regulations enacted pursuant to this section, governing the time, place, and manner of operation of such facilities in the locality. A local government may establish civil penalties for violation of an ordinance or regulations governing the time, place, and manner of operation of a Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana-Infused Products Manufacturing Facility, Medical Marijuana Dispensary Facility, or entity holding a transportation certification that may operate in such locality."
We reached out to the dispensary and its attorney for comment. We are awaiting a response.