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ORDINANCE 18-1474
<br />AN ORDINANCE OF THE CITY OF CASSELBERRY,
<br />FLORIDA, EXTENDING A TEMPORARY MORATORIUM
<br />FOR NINETY DAYS; PROHIBITING THE OPERATION OF
<br />ANY MEDICAL MARIJUANA TREATMENT CENTER
<br />DISPENSING FACILITIES WITHIN THE CITY OF
<br />CASSELBERRY, AND THE ISSUANCE OF BUSINESS TAX
<br />RECEIPTS, BUILDING PERMITS, DEVELOPMENT
<br />ORDERS OR LAND USE/ZONING PERMITS FOR
<br />MEDICAL MARIJUANA TREATMENT CENTER
<br />DISPENSING FACILITIES WITHIN THE CITY LIMITS IN
<br />ORDER TO PROVIDE THE CITY AN OPPORTUNITY TO
<br />REVIEW AND ENACT REGULATIONS GOVERNING SAID
<br />ACTIVITIES; PROVIDING DEFINITIONS; PROVIDING
<br />FOR AN ADMINISTRATIVE REMEDY FOR ASSERTIONS
<br />OF VESTED RIGHTS AND PROCESSES AND
<br />PROCEDURES RELATING TO SUCH ASSERTIONS;
<br />PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
<br />EFFECTIVE DATE.
<br />WHEREAS, in 2014, the Florida Legislature enacted the Compassionate Medical
<br />Cannabis Act, codified at Section 381.986, Florida Statutes, (the "Compassionate Use Act")
<br />which provides for the growing, processing, and distributing of specific forms of low -THC (non -
<br />euphoric) cannabis to qualified patients and their caregivers for the treatment of listed medical
<br />conditions, which became effective on June 16, 2014; and
<br />WHEREAS, in 2015, the Florida Legislature enacted the Right to Try Act, codified at
<br />Section 499.0295, Florida Statutes, which amended the Compassionate Use Act and authorizes a
<br />licensed dispensing organization to cultivate, process, transport and dispense "Medical
<br />Cannabis" as defined by Section 381.986(1)(f), Florida Statutes, and derivative products for use
<br />by certain "Eligible Patients," as defined by Section 499.0295, Florida Statutes; and
<br />WHEREAS, on November 8, 2016, Florida voters approved the Florida Right to
<br />Medical Marijuana Initiative ("Amendment 2"), which amended the Florida Constitution to
<br />authorize "Medical Marijuana Treatment Centers" defined therein as "an entity that acquires,
<br />cultivates, possesses, processes (including development of related products such as food,
<br />tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or
<br />administers marijuana, products containing marijuana, related supplies, or educational materials
<br />to qualifying patients or their caregivers and is registered by the Department;" and
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