|City Council Meeting
City of DeBary
Subject: Medical Marijuana, Senate Bill 8A
From: Matt Boerger, Growth Management Director
Meeting/Hearing Date: July 5, 2017
( ) Ordinance
( ) Resolution
( x ) Other
( ) Supporting Documents/Contracts
On February 1, 2017, DeBary City Council approved Ordinance #01-17, establishing a moratorium on Medical Marijuana Dispensaries for a period of 270 days. The ordinance directed City staff, at the direction of the City Manager, to study Medical Cannabis Activities and Dispensing facilities and their impact on health, safety and welfare of the residents and businesses located within the City. Further, it directs staff to develop and recommend, as deemed advisable by the City Manager, land development regulations for Medical Cannabis Activities and/or Dispensing Facilities in the City.
Since the adoption of City Ordinance #01-17, Florida Senate Bill 8A and 6A, passed June 9 2017, collectively implement Article X, section 29 of the Florida Constitution, which allows the use of marijuana by patients with debilitating medical conditions.
The adoption of Senate Bill 8A endows authority in the local governments to establish regulation to permit or ban the Medical Marijuana Dispensary land use.
Staff is now requesting the City Manager and City Council provide direction on adoption of Medical Marijuana regulations and enforcement. Medical Marijuana Regulations and Precedents, as supportive criteria for Council deliberation, are presented below.
Medical Marijuana Regulation Per SB 8A
Senate Bill 8A (attached) allows local governments to regulate the location of, or ban, dispensing facilities within its borders.
Under SB 8A, Medical Marijuana Dispensing Facilities are subject to the following regulations:
- A municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that municipality.
- A municipality that does not ban dispensing facilities may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that municipality.
- A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana dispensing facilities.
- A municipality may not enact ordinances for permitting or for determining the location of dispensing facilities, which are more restrictive than its ordinances permitting or determining the location for pharmacies.
January 2017, Orange City adopted an ordinance establishing a temporary moratorium within the jurisdictional limits of the City of Orange City; adopting findings of fact; prohibiting any and all medical cannabis activities during the moratorium period including the growing, cultivation, processing, manufacture, dispensing, distribution, and sale of medical cannabis, low-thc cannabis, derivative products, and related activities; directing staff to develop proposed land development code provisions and other recommendations regarding such cannabis related activities.
No further ordinances have been adopted to repeal or replace the moratorium.
In 2015, the City of Edgewater adopted an ordinance concerning medical marijuana and retail marijuana, respectively, to establish limits on the number of marijuana businesses within the city and to amend existing city regulations concerning the locations of such businesses, prohibited acts related to medical marijuana businesses, the location of recreational marijuana businesses, and prohibited acts related to retail marijuana businesses. The adopted ordinance repealed the temporary moratorium on the submission, acceptance, processing, and approval of any application for a City of Edgewater permit or license related to the operation of a marijuana-related business.
In 2017, Edgewater became the first city in Volusia County to open a franchise, Trulieve, medical marijuana dispensary. Recent passage of SB 8A will require Edgewater planning officials to amend the medical marijuana ordinance to prohibit regulation of a maximum number of dispensaries within the City.
In 2014, the City of Maitland adopted an ordinance to provide for definitions; medical marijuana dispensaries, non-medical marijuana sales and cannabis farms as prohibited in specific zoning districts; and to provide that medical marijuana dispensaries are a permitted conditional use within the OC-3, Office Commercial District, subject to distance separation requirements. The distance separation requirements, in relationship to the permitted zoning district, have resulted in limited applicability of the land use.
No medical marijuana dispensaries have been permitted within Maitland since the adoption of the Medical Marijuana Ordinance.
DeLand codes do not provide for the Medical Marijuana Land Use. Therefore, the City was not inclined to adopt a moratorium. Recent legislation have prompted the City Commission to provide guidance on the future of the proposed land use within the City. The City Commission met on June 19, 2017, and gave the City attorney direction to ban medical marijuana uses within the City.
At this time, the city’s attorney is drafting an ordinance to ban the medical marijuana dispensary land use. However, it is likely the commission will reconsider these provisions if the ability to regulate the number of dispensaries and their location becomes more flexible.
In 2014, the Florida Legislature passed the Compassionate Medical Cannabis Act which authorizes a licensed dispensing organization to cultivate, process, transport, and dispense Low-THC Cannabis for certain qualified patients. In 2015, the Florida Legislature passed the Right to Try Act which amended the Compassionate Use Act and authorizes a licensed dispensing organization to cultivate, process transport and dispense Medical Cannabis for eligible patients.
On November 8, 2016, Florida electors voted upon and passed the Florida Right to Medical Marijuana Initiative, which amends the Florida Constitution to authorize Medical Marijuana Treatment Centers, defined as, “an entity that acquires, cultivates, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualify patients or their caregivers and is registered by the Department”. This amendment to the Florida Constitution becomes effective on January 3, 2017.
At this time, DeBary is operating under a marijuana moratorium, as approved through Ordinance #01-17. The temporary moratorium imposed by the ordinance expires 270 days from the effective date of adoption. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the City Council.
City Manager and City Council provide direction to Staff on adoption of Medical Marijuana regulations and enforcement.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other