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File #: 16-878    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 8/24/2016 In control: City Commission
On agenda: 9/8/2016 Final action: 12/31/2023
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)
Sponsors: Planning & Zoning Department
Attachments: 1. Ordinance No. 27-16 Medical Marijuana Moratorium, 2. HB 307-1313 2016 Amending 381.986, FS, 3. Statutes & Constitution View Statutes Online Sunshine, 4. Compassionate Dispensing Org Map
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)

Body
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 attache...

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