TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning, and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: September 8, 2016
Title
ORDINANCE NO. 27-16: IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR (SECOND READING/SECOND PUBLIC HEARING)
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Recommended Action:
Recommendation
Motion to Approve on second reading Ordinance No. 27-16: Imposing a temporary moratorium on the operation of Medical Marijuana Treatment Centers and Dispensing Organizations within the City of Delray Beach for a period of one year.
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Background:
The purpose of this ordinance is to provide the City adequate time to properly study and consider the myriad of unknown effects that will result from; (i) the recently legalized use, production, and distribution of medical marijuana for compassionate use, and (ii) the potential impacts of the proposed November 2016 constitutional amendment which provides for the legalization of medical marijuana to craft meaningful regulation as appropriate.
During the 2014 legislative session, the Florida Legislature enacted the “Compassionate Medical Cannabis Act of 2014,” which authorizes a limited number of approved nurseries in the State of Florida to cultivate, process, and dispense low-THC cannabis to qualified patients, and operate as “dispensing organizations” as approved by the Florida Department of Health. The Act was codified in Section 381.986, Florida Statutes. On March 25, 2016, the Florida Legislature amended numerous provisions of Section 381.986 and adopted regulations for the Department of Health with regard to the requirements for dispensing organizations, including procedures for application, review, inspection, and authorization of dispensing organizations. The Department of Health has approved six Dispensing Organizations (see map attached). These locations are approved for cultivation. The Dispensing Organizations may set up dispensaries any where in the state as permitted by local jurisdictions.
On November 8, 2016, Florida voters will again consider an amendment to the Florida Constitution entitled “Use of Marijuana for Debilitating Medical Conditions,” otherwise referred to as “Amendment 2.” Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida, and would further authorize the cultivation, processing, distribution, and sale of marijuana by “Medical Marijuana Treatment Centers (MMTC)” licensed by the Florida Department of Health.
Both Amendment 2, if passed, and the Compassionate Medical Cannabis Act of 2014, as amended, permit land to be used in a way that has historically been prohibited under Florida law. Accordingly, the City currently has no land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana. This Ordinance imposes a one year temporary moratorium on the operation of MMTCs and dispensing organizations, as those terms are defined in the Ordinance and State Statute. During the moratorium the City will not accept, process, or approve any application relating to the operation of a MMTCs or a dispensing organization. The stated purpose of the moratorium is to allow the City a sufficient period of time to review and determine what zoning and land development regulations would be appropriate to govern the use of real property as authorized by Amendment 2 and the Compassionate Medical Cannabis Act of 2014, as amended.
City Attorney Review:
Approved as to form and legal sufficiency.
Timing of Request:
It is recommended that the Ordinance be approved prior to the November 8th Amendment consideration.