File #: ORD 2016-47    Name: Medical Marijuana Temporary Moratorium
Type: Ordinance Status: Passed
File created: 11/3/2016 In control: City Commission
On agenda: 12/8/2016 Final action: 12/8/2016
Title: AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE SUBMITTAL, PROCESSING, AND ISSUANCE OF LOCAL BUSINESS TAX RECEIPTS AND/OR LAND USE APPROVALS FOR MARIJUANA DISPENSING ORGANIZATIONS/MEDICAL MARIJUANA TREATMENT CENTERS FOR A PERIOD OF NINETY (90) DAYS. (SECOND READING)(PUBLIC HEARING)
Indexes: Ordinance, Temporary Moratorium
Attachments: 1. ORDINANCE 2016-47-Medical Marijuana Temporary Moratorium
Related files: ORD 2017-007, ORD 2017-009

AGENDA ITEM REPORT

TITLE:

title

AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE SUBMITTAL, PROCESSING, AND ISSUANCE OF LOCAL BUSINESS TAX RECEIPTS AND/OR LAND USE APPROVALS FOR MARIJUANA DISPENSING ORGANIZATIONS/MEDICAL MARIJUANA TREATMENT CENTERS FOR A PERIOD OF NINETY (90) DAYS. (SECOND READING)(PUBLIC HEARING)

 

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BACKGROUND:

This item was approved on First Reading at the November 10, 2016, Commission Meeting, as amended to provide for a ninety (90) day moratorium with the option for up to two (2) extensions of up to ninety (90) days each.

The Compassionate Medical Cannabis Act of 2014 and its 2016 Amendment allow for a limited number of large nurseries to cultivate, process, and dispense non-euphoric, low-THC cannabis, as well as regular marijuana, and to operate as “Dispensing Organizations” in the State of Florida.  This Act is in effect and codified as Section 381.986, Florida Statutes, and the State Department of Health has created rules and regulations regarding the use, cultivation, and dispensing of medical marijuana.

DISCUSSION:

On November 8, 2016, a proposed amendment to the Florida Constitution, titled “Use of Marijuana for Debilitating Medical Conditions” (“Amendment 2”) will be voted upon, which would further legalize the medical use of marijuana throughout the State of Florida for those individuals with specified “debilitating” conditions.  Amendment 2 would also authorize the cultivation, processing, distribution and sale of marijuana and related activities by licensed “Medical Marijuana Treatment Centers.” The proposed temporary moratorium would allow City staff to further study the effects of medical marijuana distribution and cultivation while formulating appropriate local regulations and would also allow for the review of any additional Department of Health regulations as they are enacted.

RECOMMENDATION:

Staff recommends approval of this Ordinance.

FISCAL IMPACT:  N/A