TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: September 26, 2017
Title
ORDINANCE NO. 34-17: AMENDING THE LAND DEVELOPMENT REGULATIONS AT SECTION 4.3.3, SUBSECTION (G), PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER - DISPENSING FACILITIES IN ALL ZONING DISTRICTS IN THE CITY OF DELRAY BEACH; AND AMENDING APPENDIX A “DEFINITIONS” TO PROVIDE DEFINITIONS FOR “MARIJUANA” AND “MEDICAL MARIJUANA TREATMENT CENTER - DISPENSING FACILITY". (SECOND READING/SECOND PUBLIC HEARING)
Recommendation
Recommended Action:
Motion to Approve Ordinance No. 34-17 amending Section 4.3.3(G) prohibiting Medical Marijuana Treatment Centers - Dispensing Facilities and Appendix A Definitions, by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Body
Background:
On September 8, 2016, the City of Delray Beach adopted Ordinance No. 27-16 establishing a moratorium on the operation of medical marijuana treatment centers and dispensing organizations to provide time for the City to evaluate the rules that would be promulgated for the constitutional amendment and any subsequent legislation.
On November 8, 2016, Florida voters approved an amendment to the Florida Constitution to allow for broad use of medical marijuana (including euphoric strains) and alternative dispensing methods such as marijuana-based food products within the State (the “2016 Constitutional Amendment”). The 2016 Constitutional Amendment authorizes and defines “Medical Marijuana Treatment Centers” to encompass the entire supply chain (cultivation, processing, transporting, distribution, dispensing and administering), not just retail sales to qualified patients.
In June of 2017, the Florida Legislature met in Special Session and approved Senate B...
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