The Athens City Council voted 2-2, with one abstention, not to repeal an ordinance it passed in November 2022 allowing for medical cannabis dispensing sites in the city of Athens.

The council approved passed an ordinance at its November 28, 2022, meeting with a vote of 4-0, with Councilman Chris Seibert abstaining. Seibert consulted with the city attorney Shane Black who advised him that if there was any way he could benefit from legislation, he is obligated to abstain from voting.

“I have been in the medical space professionally for 20 years. I’ve got various investments in things that have marijuana components,” Seibert said.

Prior to the roll call vote, the public was invited to speak on the subject. West Highland Baptist Church Pastor Joe Teal was the only pastor from the pastoral alliance to speak.

“This is called medical marijuana, yet none of the medical community, not even locally much less nationally, really supports this. No doctors have been here asking you to do this for the benefit of their patients,” Teal said. “We do agree that it could likely benefit some individuals and improve the quality of their life. But, when the improvement of one person’s life depends on the quality of life of the city, we don’t think it is a good thing.”

Wayne Reynolds, Athens resident and vice president of the Alabama State Board of Education, addressed the council in opposition of allowing medical cannabis in the city of Athens.

“Madison City said, ‘We don’t want it in our community.’ I would rather model myself after Madison City,” Reynolds said. “I don’t agree with it because it attacks the poverty community the most. Marijuana is not the solving of all pain.”

Several people, including those associated with the medical field, spoke in favor of allowing the dispensaries, including Ruby McCartney, Dr. Joe Cannon and pharmacist Dr. Mayan Patel and Evani Patel, of Birmingham, representing applicant GB6 Wellness.

“A patient must fail conventional therapies before they are even considered to be prescribed this sort of therapy. If they are not approved, or have failed, there is no prescribing. You must have a valid medical cannabis card to receive this kind of therapy to even go into a dispensary,” Dr. Patel said.

“As for the medical community not being for this, it was authored by doctors and pharmacists and a lot of other people so yes, part of the medical community does back this,” Ruby McCartney said.

McCartney also questioned the issue being put back up for a vote and believed that, in itself, is the bigger problem.

“I have lost confidence in the city council because I feel you are opening yourself up for every decision that you made being up for questioning when asked to resend by special interest groups. I need to have confidence that members of the council are doing their due diligence, researching the issues, gathering the information, reviewing that information and making informed decisions when you are voting on any issue,” she said.

Council President Harold Wales relinquished the chair to Councilwoman Dana Henry so that he could second the motion that was made at the previous council meeting to bring the ordinance to repeal to a vote. Henry asked if there was any discussion prior to the vote and with none, called for the vote.

Councilman James Lucas and Henry voted no on the ordinance to repeal while Wales and Councilman Wayne Harper voted yes.

“I am a firm believer that we should have had a discussion on this. I don’t know why it would have hurt anything, even though the vote has failed, to have a discussion. I am going to have my say, OK,” Wales said following the vote. “Today, I stand in opposition to this. I wish we had the votes to overturn it but clearly we don’t.”

Harper voiced his regret for not holding public hearings on the matter prior to the passing of the original ordinance in November 2022. He also expressed concerns by calling marijuana a “gateway drug” and questioning the city’s ability to oversee a possible dispensary.

Councilman Lucas spoke about his vote following the meeting.

“I’ve heard from both sides and I can understand both sides, but when I vote, I got to deal with myself,” he said.

Andrew McCartney, who spoke to the council in favor of medical cannabis, was relieved that the original ordinance was upheld.

“I think they made the right decision. We open ourselves for so many different things if we bend after passing something due to special interest groups or what ever that have different opinions. Opinions are not necessarily fact based,” he said.

On the other side of the aisle, Teal was disappointed in the council’s decision.

“I do feel like that if we had been as well informed in November and December, I think we could have prevented it. I know it is more difficult to undo than it is to do. We had an uphill climb the whole way. I believe if we had known about it in November or December that it probably would have still been 2-2, but it wouldn’t have passed. We are just late to the game and I am sorry for that,” he said.