CITY COUNCIL AGENDA ITEM
Memo Date: June 25, 2020
Agenda Date: July 8, 2020
Prepared By: Dodie Selig, Planning & Zoning Manager
Through: Nancy A. Bunt, Community Services Director
Requested Action:
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Pass on Second Reading: Ordinance 05-2020; providing for the location of pharmacies and medical marijuana treatment center dispensing facilities.
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BACKGROUND:
In 2016, Florida voters approved the Florida Right to Medical Marijuana Initiative ("Amendment 2"), which amended the Florida Constitution to authorize "Medical Marijuana Treatment Centers". Following this the Florida Legislature passed Senate Bill 8-A in 2017 which amended section 381.986, Florida Statutes, providing specific preemption provisions regarding dispensary facilities of medical marijuana treatment centers. Senate Bill 8-A provides that a municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that municipality, but that a municipality that does not ban dispensing facilities may not place specific limits either on the number of dispensing facilities that may locate in the municipality and, further, may not enact ordinances for permitting or determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465, Florida Statutes.
On January 9, 2018, the City Council approved Ordinance 1-2017 which enacted a ban on medical marijuana treatment center dispensing facilities, prohibiting them from locating in the City. However, the City Council now desires to reconsider the prohibition on medical marijuana treatment center dispensing facilities, to allow for such dispensing facilities in certain locations where pharmacies are permitted and also desires to revise the locations where pharmacies are permitted, eliminating pharmacies as a permitted use in the Central Business District and Cocoa Wate...
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