| | | | | | | | | Bay County Board of County Commissioners Agenda Item Summary |
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Medical Marijuana Moratorium Ordinance
| DEPARTMENT MAKING REQUEST/NAME:
County Attorney's Office, Holly K. Melzer, Assistant County Attorney | MEETING DATE: 12/6/2016 | REQUESTED MOTION/ACTION:
Board to 1) conduct the first of two public hearings to consider adopting an ordinance imposing a 240-day moratorium on the opening, relocation, or expansion of any Dispensing Facility within unincorporated Bay County, and any Medical Cannabis Activities (as defined in the proposed Ordinance) by any person or entity that is not an approved dispensing organization under Section 381.986, Florida Statutes, except where inconsistent with Florida law; and 2) continue consideration of this matter to your regularly scheduled meeting on December 20, 2016. |
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| | | | | | | | AGENDA
County Attorney - Public Hearing | BUDGETED ITEM? N/A
BUDGET ACTION:
FINANCIAL IMPACT SUMMARY STATEMENT:
| BACKGROUND:
In 2014 the Florida Legislature enacted the Compassionate Medical Cannabis Act, codified at Section 381.986, Florida Statutes (the “Compassionate Use Act”), which legalized the cultivation, processing, and dispensing of “Low-THC Cannabis,” as defined by Section 381.986(1)(e), Florida Statutes, by a licensed dispensing organizing for “Qualified Patients,” as defined by Section 381.986(1)(h). The existing State legislation directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of cannabis businesses may be determined by local ordinance.
During the 2016 General Election, Florida voters voted to amend the Florida Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a broader population of eligible patients. It is anticipated that Florida legislation relating to the cultivation, production, and dispensing of cannabis products will change due to the Constitutional Amendment– raising substantial questions about whether cannabis-related land uses, as a category of commercial use, may have deleterious and negative secondary effects on surrounding land uses and communities.
The purpose of the proposed ordinance (Exhibit 1) is to place a temporary moratorium on Medical Cannabis Activities, as defined in the Ordinance, for a period of 240 days, or less if provided by an ordinance, to enable the County to determine the best way to regulate Medical Cannabis Activities for the benefit of the public health, safety, and welfare and to promulgate reasonable regulations relating to such activities.
During the moratorium period, County staff, including the Planning & Zoning Department, will study the impact of Medical Cannabis Activities on the health, safety, and welfare of residents and businesses located within the County, and will develop and recommend Land Development Regulations for Medical Cannabis Activities in the unincorporated areas of the County, and any other relevant regulations and recommendations. Such recommendations and proposed regulations will be proposed to the Board of County Commissioners within a reasonable time before the expiration of the moratorium.
Staff recommends the Commission conduct a public hearing and continue consideration of this matter to your regularly scheduled meeting on December 20, 2016.
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