The State of Florida has legalized medical cannabis with the passage of Amendment 2 in November 2016. The State legislation authorizes licenses for another ten growers (in addition to the current seven) and caps the number of dispensaries allowed for each grower at 25. It allows patients to use cannabis pills, oils, edibles and vaporizer pens with a doctor's approval, but bans smoking.
City Council held two workshops discussing medical cannabis prior to the finalization and passage of the State legislation. At the conclusion of the second workshop, the Council requested that the Staff prepare an ordinance allowing dispensaries as a conditional use in the C-1, C-2, Highway Commercial and Office Districts, not including the Downtown District, and providing regulations regarding the use. Following these meetings, the Legislature adopted implementation laws which allow the local jurisdictions to either ban medical cannabis dispensaries or treat them as pharmacies.
As a result, the proposed ordinance allows medical marijuana treatment center dispensing facilities as a permitted use in the zoning districts in which pharmacies are permitted. These include C-1, C-2, Highway Commercial, Office and Light Industrial Districts. It defines “medical marijuana treatment center dispensing facility” as “an entity that sells, distributes, dispenses, or administers medical cannabis, products containing cannabis, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department of Health of the State of Florida. This does not include the cultivation or processing of medical cannabis.” Staff will prepare a companion ordinance to follow this, if approved, which includes development standards for both medical cannabis dispensary and pharmacy uses.
The Land Development Code allows pharmacies (or “drug stores”) as a permitted use; the ordinance removes this use in the Downtown District because this would be inappropriate considering the prohibition on drug paraphernalia. The proposed ordinance also amends the restricted personal service use definition to no longer include cannabis uses.
A six-month moratorium (Ordinance #2017-2104) on cannabis uses was adopted on February 21, 2017. The moratorium ends August 21st. The proposed ordinance repeals the moratorium.
The proposed new language is shown with underlining and deleted language is shown with strikethrough.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan objectives and policies:
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Future Land Use Element Policy 1.1.2 - To implement this Comprehensive Plan, the City shall continue to implement land development regulations that contain specific and detailed provisions…
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Future Land Use Element Objective 1.3 - Design commercial development that is compatible with environmental and economic resources, enhances access and circulation, results in a positive and attractive built environment and will be in keeping with the needs and character of the community.
- Future Land Use Element Policy 1.3.2 - The City shall promote commercial development that serves to maintain or enhance the economic health of the City, and to increase job opportunities, per capita income and convenience for residents.