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ORDINANCE 18-1477 <br />AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, <br />AMENDING THE CITY CODE, PART III, UNIFIED LAND <br />DEVELOPMENT REGULATIONS, TABLE 2-5.3, LAND USE BY <br />DISTRICT, TO REGULATE PHARMACIES AND MEDICAL <br />MARIJUANA DISPENSARIES SIMILARLY; AMENDING THE CITY <br />CODE OF ORDINANCES, PART III, UNIFIED LAND <br />DEVELOPMENT REGULATIONS, SECTION 5-21.2, DEFINITION OF <br />TERMS, TO INCLUDE PERTINENT DEFINITIONS; PROVIDING <br />FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN <br />EFFECTIVE DATE. <br />WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the <br />growing, processing, and distributing of specific forms of low -THC (non -euphoric) cannabis to <br />qualified patients and their caregivers for the treatment of listed medical conditions, which became <br />effective on June 16, 2014 and is codified at Section 381.986, Florida Statutes; and <br />WHEREAS, the 2016 medical marijuana ballot initiative, Amendment 2, amended the <br />Florida Constitution to permit the use of additional alternative forms of medical marijuana <br />(medical marijuana in all its forms including low -THC cannabis, together referred to as "medical <br />marijuana"); and <br />WHEREAS, the City Commission determined it advisable and in the public interest to <br />consider location, site, operational requirements, and other standards in regard to the location and <br />operation of Medical Marijuana Treatment Centers and Medical Marijuana Dispensaries as a <br />conditional use, and adopted Ordinance 16-1439 in 2016; and <br />WHEREAS, the Florida legislature enacted amendments to Fla. Stat. 381.986 in June 2017 <br />which provide that cities are preempted from regulating Medical Marijuana Treatment Centers, <br />but can decide whether to (1) ban medical marijuana dispensing facilities; or alternatively, (2) <br />allow medical marijuana dispensing facilities, but they must be treated the same as pharmacies; <br />and <br />WHEREAS, the City Commission enacted a moratorium to give Staff and the Commission <br />time to study the significant safety and security issues that exist for any establishment involved in <br />the distribution of medical marijuana or non-medical/recreational marijuana, because they <br />maintain large drug inventories and are forced to deal in cash as their activities have not been <br />sanctioned by federal law; and <br />WHEREAS, dispensaries are inherently attractive targets for criminals, and it is therefore <br />essential that the permissible scope of such uses are regulated to ensure their compatibility with <br />1 <br />