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17-1467 Temporary Moratorium Medical Marijuana Facilities
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17-1467 Temporary Moratorium Medical Marijuana Facilities
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12/7/2017 4:35:54 PM
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Ordinances
City Clerk - Date
8/28/2017
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administers marijuana, products containing marijuana, related supplies, or educational materials <br />to qualifying patients or their caregivers and is registered by the Department;" and <br />WHEREAS, the passage of Amendment 2 expanded the medical use of cannabis and <br />related products to patients suffering from certain "Debilitating Medical Conditions," as defined <br />therein, which represents a broader population of patients than those originally eligible under the <br />Compassionate Use Act and the Right to Try Act; and <br />WHEREAS, On June 19, 2017, the Florida Legislature signed and presented to the <br />Governor, Senate Bill 8-A, which essentially preempts the regulation of Medical Marijuana <br />Treatment Centers to the State, and provides that cities can either ban Medical Marijuana <br />Treatment Center dispensing facilities within the boundaries of the City, or can treat them as <br />pharmacies; and <br />WHEREAS, the Compassionate Use Act is implemented by rule of the Florida <br />Department of Health under Chapter 64-4, Florida Administrative Code; and <br />WHEREAS, the Florida Department of Health is currently undergoing rule development <br />to update its rules consistent with Amendment 2, and Florida Statutes; and <br />WHEREAS, despite the approval of Amendment 2, and the actions of the Florida <br />Legislature, the treatment of medical cannabis by the federal government remains uncertain <br />given the new federal administration; and <br />WHEREAS, the City is granted the authority, under § 2(b), Art. VII, of the State <br />Constitution, to exercise any power for municipal purposes, except when expressly prohibited by <br />law; and <br />WHEREAS, on July 13, 2015, the City enacted a temporary moratorium pursuant to <br />Ordinance 15-1426, on the operation of any "Dispensing Organization Facility" defined therein <br />as, "a cultivation, processing, and dispensing facility" and prohibited the acceptance, processing <br />or approvals of any application for business tax receipts, building permits, land use/zoning <br />permits, or any other development permits concerning or related to any and all Dispensing <br />Organization Facilities; and <br />WHEREAS, Ordinance 15-1426 further temporarily prohibited the processing or <br />approval of any permits, licenses or approvals for any property, entity, or individual for the <br />processing, transportation, sale or distribution of Low -THC Cannabis, as defined in Section <br />381.986(1)(b), Florida Statutes; and <br />Pa <br />
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