This is a continuation of the discussion about how to accommodate medical marijuana dispensaries in the City. This follows the first work session held on April 25, 2017.  This meeting has been advertised on the City's calendar and website.

Staff had anticipated presenting the State regulations implementing Amendment 2, however, the Legislature failed to approve a bill regulating medical marijuana in this year’s legislative session. As of the writing of this staff report, it seems unlikely that a special session will be held to pass medical marijuana legislation. This will leave implementation of the voter-approved amendment to State health officials. The Department of Health has until July 3 to establish the regulations.  

A map has been provided for discussion purposes, showing potential locations for medical marijuana dispensaries. It shows the locations of the City’s commercial zoning districts (C-1, C-2, Highway Commercial, Office and Downtown). The Code allows dispensaries in the C-2 and Highway Commercial zoning districts. (This is important to note, as many at the last work session were unaware of current regulations.)  The map also shows the areas in which a dispensary is currently prohibited, because the required 500-foot separation from day care centers, places of worship, public parks, library, recreation center, schools, other restricted personal service uses or adult uses.

The Land Development Code classifies cannabis dispensing/ processing/cultivation enterprises as “restricted personal service uses” which are defined as “commercial retail and service uses, including, blood plasma centers, body piercing establishments, check cashing stores, day labor establishments, pawn shops, tattoo parlors and cannabis dispensing/processing/cultivation enterprises which may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize their adverse impacts.” Restricted personal services uses are established as a permitted use in the C-2 and Highway Commercial zoning districts, with development standards addressing setbacks, minimum lot area, minimum lot width, height maximum, parking and design criteria. The uses are subject to minimum 500-foot minimum separation distances as noted above. 

In reviewing regulations from other jurisdictions, the following options are offered for consideration in the regulation of medical marijuana dispensaries:

• Maintaining current regulations allowing dispensaries "by right" in the C-2 and Highway Commercial Districts;

• Expansion of the areas where dispensaries are permitted "by right" and including in the Office and C-1 zoning districts (along with the C-2 and Highway Commercial Districts);

• Expansion of the areas where dispensaries are permitted "by conditional use" requiring a public hearing in the Office and C-1 districts;

• Amending the definition of restricted personal service uses, with the exclusion of medical marijuana;

• Limiting the number of dispensaries in the City;

• Maintaining a minimum 200-foot separation distance from other medical marijuana uses;

• Prohibiting the consumption of marijuana on the premises;

• Prohibiting outdoor vending machines;

• Limiting deliveries made to the dispensary to within regular operating hours;

• Prohibiting dispensary vehicles to be marked with identification from the dispensary;  

• Requiring the posting of signs prohibiting loitering on the premises;

• Providing design guidelines addressing: building color palette favoring muted colors and not more than two complementary colors; prohibitions on security bars on windows; prohibitions on outdoor displays, sales, promotions or activities; prohibiting outdoor waiting or seating areas; and prohibitions of drive-through or drive-in service aisles;

• Establishing hours of operation (dispensing from the premises is prohibited by Florida Statutes between 9 pm and 7 am);

• Addressing “independent testing laboratory” uses and “cannabis delivery devices.”; and

• Evaluating the impacts of the regulations, following adoption and implementation.

Council Member Starkey and Staff met with representatives from The Green Solution, one of the seven Florida licensed marijuana businesses.  They provided recent news articles regarding one of their competitors, Truelieve, for your information as well as a study on dispensing allocations.  Staff has also attached adopted ordinances from the City of Tarpon Springs, Hillsborough County and Pasco County for comparison.