|City Council Meeting
City of DeBary
Subject: Ord 15-17 - Allowing Medical Marijuana Dispensaries
From: Matt Boerger, Growth Management
Meeting/Hearing Date: December 6, 2017
( ) Resolution
( ) Other
( ) Supporting Documents/Contracts
The second reading of Ordinance 15-17 is being proposed to allow for Medical Marijuana Dispensaries within the City of DeBary. Due to a referendum by the voters in the fall of 2016, approving a ballot measure allowing for the use of Medical Marijuana, the City of DeBary established a moratorium on Medical Marijuana Dispensaries allowing the Florida Department of Health to establish administrative procedures at the state level, as well as the regulatory authority promulgated by the State of Florida legislature outlining local municipal procedures to be completed. Now that the legislation and administrative procedures have been established, the City must choose whether to allow Medical Marijuana Dispensaries.
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. The Compassionate Use Act addresses regulation of these dispensaries by the State, rather than the local municipalities. However, a municipality may determine by ordinance the criteria for the number and location of, and other permitting requirements that do not conflict with the state law or department rule for dispensing facilities of dispensing organizations
located within its municipal boundaries.
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 became effective on January 3, 2017.
On February 1, 2017, The City of DeBary adopted Ordinance 01-17, establishing a temporary moratorium on dispensing facilities and upon certain medical cannabis activities providing time for the Florida Department of Health to promulgate certain regulations as required by the constitutional amendment. The moratorium was in effect for a period of 270 days and terminated on October 29, 2017.
On June 23, 2017, the governor signed into law Senate Bill 8-A amending Section 381.986, Florida Statutes, implementing the Constitutional Amendment and providing new rules and regulations with respect to the cultivation, processing, and delivery of medical marijuana
Section 381.986(11), Florida Statutes provides that the “[r]egulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except that a county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within the county or 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 treatment center dispensing facilities located within the boundaries of that municipality, except that, a county or 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 locations for pharmacies licensed under chapter 465 State Statutes.
State law now provides that a medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community
On July 5, 2017, Staff updated City Council on the latest State Statutes regarding Medical Marijuana. At the conclusion of this meeting, Council directed Staff to draft a City Ordinance allowing for Medical Marijuana Dispensaries within the City limits of DeBary, but which are to be regulated to the strictest level of State Law permissible.
The attached Ordinance 15-17, would allow for Medical Marijuana Dispensaries within all commercial and industrial zoning designations where pharmacies are permitted with the exception that they may not be located within 500 feet of an elementary school.
Approve the second reading of Ordinance 15-17.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other