Amended Item 8C- Discussion on Medical Marijuana MoritoriumAGENDA ITEM:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
Discussion on Medical Marijuana Moratorium
November 8, 2016
STRATEGIC PLAN LINK: Land Development Regulations Update
AMENDED AGENDA ITEM 8C
NOVEMBER 14, 2016
AGENDA ITEM 8C
November 14, 2016
BACKGROUND: The Florida Legislature adopted legislation in early 2016 to allow authorized
entities to cultivate, transport and dispense "medical cannabis" for eligible patients with tetminal
conditions. In addition, today the voters will consider an amendment to the Florida Constitution
which, if approved, will legalize the use of medically certified marijuana. As a result, many local
governments throughout the State are considering available options to address impacts relating to
the legalization of marijuana. Several cities are considering a temporary moratorium to allow them
sufficient time to determine how best to address these impacts, including the Cities of Neptune
Beach and Jacksonville Beach. Please find draft ordinances attached for your review.
RECOMMENDATION: Discuss the topic and provide direction to Staff and City Attorney
ATTACHMENTS: Jacksonville Beach Draft Ordinance No. 2016-80XX
Neptune Beach Draft Ordinance No. 2016-13
Draft Ordinance F01m provided by Authorized Dispensary Representative
REVIEWEDBYCITYMANAGER: ---7}, V~ ~.<Co
00727956-1
INTRODUCED BY: ORDINANCE NO. 2016-13
A BILL ENTITLED
AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA,
AMENDING CHAPTER 27, UNIFIED LAND DEVELOPMENT
REGULATIONS; ADDING ARTICLE IV-B, LAND USES AND CANNABIS
DISPENSING BUSINESSES, SECTION 27-245 PURPOSE AND INTENT,
SECTION 27-246 DEFINITIONS, 27-247 TEMPORARY MORATORIUM, 27-
248 STUDY AND RECOMMENDATIONS, 27-249 PENAL TIES, 27-250
SEVERABILITY, 27-251 REPEAL, AND 27-252 EFFECTIVE DATE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2014 the Florida Legislature enacted a law legalizing low-THC medical
cannabis in Florida; and
WHEREAS, in 2016 the Florida Legislature expanded the law to legalize medical
cannabis in Florida; and
WHEREAS, future constitutional amendments and legislation may further expand the
legal use of cannabis in Florida; and
WHEREAS, a comprehensive State licensing and regulatory framework for the
cultivation, processing, and dispensing of cannabis now exists; and
WHEREAS, the comprehensive State licensing and regulatory framework 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; and
WHEREAS, cannabis businesses licensed pursuant to the law have begun cultivating
cannabis for processing and dispensing; and
WHEREAS, the dispensing of cannabis is currently illegal under federal law and the
United States Drug Enforcement Agency has recently confirmed that cannabis remains
a Schedule I drug under federal law, but the United States Department of Justice has
discussed federal enforcement of such laws with respect to state regulated cannabis
operations in the 2012 "Cole Memorandum," and;
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents
and business from secondary effects associated with the distribution of cannabis exist,
potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in
Ordinance No. 2016-13 Page 1 of 3
and about the dispensary, robberies, negative impacts on nearby businesses, nuisance
problems, and increased DUI incidents; and
WHEREAS, certain of the above potential adverse impacts are accentuated by the
current difficulties experienced by cannabis businesses in obtaining banking services
necessitating such businesses to operate on a cash basis; and
WHEREAS, there exists the potential for misappropriation of medical cannabis to non-
medical uses; and
WHEREAS, an overabundance of dispensing facilities can affect the viability of such
facilities, result in compliance issues, lead to the improper diversion of products, and
accentuate threats to the public health, safety, and welfare; and
WHEREAS, in November of this year, Florida voters will decide whether to amend the
Florida Constitution to legalize the cultivation, production, and dispensing of medical
cannabis for a broader population of eligible patients; and
WHEREAS, Florida laws relating to the cultivation, production, and dispensing of
cannabis products are rapidly changing -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; and
WHEREAS, the purpose of this ordinance is to place a temporary moratorium on the
opening of certain new cannabis dispensing facilities, and on the expansion or
relocation of certain existing cannabis dispensing facilities; and
WHEREAS, the City of Neptune Beach hereby finds that the temporary moratorium
imposed by this ordinance is intended to give the City of Neptune Beach the time
reasonably necessary to investigate the impacts of cannabis dispensing facilities, and if
necessary, to promulgate reasonable regulations relating to such establishments; and
WHEREAS, the City of Neptune Beach hereby finds that this ordinance advances an
important government purpose by reducing the likelihood of the unregulated negative
secondary effects of cannabis dispensing facilities; and
WHEREAS, the City of Neptune Beach hereby finds that this ordinance is in the best
interest of the public health, safety, and welfare; and
WHEREAS, the City of Neptune Beach has determined it is in the public interest to
adopt this Ordinance pursuant to the [City's/County's] police powers and section
381.986 to protect the health, safety, and welfare of the public;
Now, therefore, be it ordained by the City Council of the City of Neptune Beach,
Florida:
Ordinance No. 2016-13 Page 2 of 3
Section 1. Chapter 27, Unified Land Development Regulation, Article IV-B, Land Uses
and Cannabis Dispensing Businesses is hereby added as follows:
Sec. 27-245. -Purpose and intent.
The purpose of this Ordinance is to provide the City of Neptune Beach with the
opportunity to review the impact of recent changes in law and the potential passage of a
constitutional amendment, as well as the impact of cannabis dispensing in other
jurisdictions, to determine how such dispensing should be permitted or regulated in the
City of Neptune Beach.
Sec. 27-246. -Definitions.
(1) The following words and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this Ordinance:
a. Cannabis means all parts of any plant of the genus Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its seeds or resin.
b. Cannabis dispensing business or business shall mean a business
location offering cannabis for retail sale pursuant to a license to dispense
cannabis issued under applicable law.
c. Compassionate Use Act shall mean section 381.986, Florida Statutes,
~and chapter 2016-123, Laws of Florida, as amended from time to time,
and any rules or regulations promulgated thereunder.
d. State shall mean the State of Florida.
(2) In addition to the definitions contained in Subsection (1), other terms used in this
Ordinance shall have the meaning ascribed to them in the Compassionate Use Act, and
such definitions are incorporated into this Ordinance by this reference.
Sec.27-457.-Temporary Moratorium.
Beginning on the effective date of this Ordinance, a temporary moratorium is hereby
imposed on the opening of new cannabis dispensing businesses and on the expansion
or relocation of existing cannabis dispensing businesses in the City of Neptune Beach.
This temporary moratorium shall expire on January 31, 2020, unless reduced or further
extended by action of the City Council.
a. During the moratorium, it is unlawful and a violation of this ordinance for any person
or entity to open or cause to be opened any cannabis dispensing business within
the City of Neptune Beach.
Ordinance No. 2016-13 Page 3 of 3
b. During the moratorium, it is unlawful and a violation of this ordinance for any person
or entity to relocate or cause to be relocated any cannabis dispensing business
within the City of Neptune Beach.
c. During the moratorium, it is unlawful and a violation of this ordinance for any person
or entity to expand or cause to be expanded any cannabis dispensing business
within the City of Neptune Beach.
d. During the moratorium, the City of Neptune Beach shall not accept, process or
approve any application for business tax receipts, licenses,· building permits, land
use permits, or any development permits concerning or related to a cannabis
dispensing business.
e. During the moratorium, the City of Neptune Beach shall not accept, process or
approve any business tax receipts, building permits, land use permits, or any
development permits concerning or related to a cannabis dispensing business.
f. During the moratorium, the City of Neptune Beach shall not accept, process or
approve any licenses, permits, or approvals for any property, entity, or individual for
the sale or dispensation of cannabis so long as this ordinance is in effect.
Nothing in this temporary moratorium shall be construed to prohibit the use of cannabis
pursuant to the Compassionate Use Act or other applicable Florida Law, or the delivery
of cannabis in compliance with the Compassionate Use Act or other applicable Florida
Law.
Sec. 27-248. -Study and Recommendations.
The City of Neptune Beach City Manager or designee is hereby directed to study land
development regulations for cannabis dispensaries and the impact of such regulations
in other jurisdictions.
Sec. 27-249. -Penalties.
Any person or entity who violates any provision of this Ordinance or who fails to comply
therewith, or with any of the requirements thereof, shall be fined in an amount not
exceeding five hundred dollars ($500.00) per violation, per day, or be imprisoned for a
period of time not to exceed sixty (60) days.
Ordinance No. 2016-13 Page 4 of 3
Sec. 27-250. -Severability.
If any provision of this ordinance or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this ordinance
which can be given effect without the invalid provision or application. and to this end the
provisions of this ordinance are severable.
Sec. 27-251. -Repeal.
All ordinances, resolutions, official determinations or parts thereof previously adopted or
entered by the city or any of its officials and in conflict with this ordinance are hereby
repealed to the extent inconsistent herewith.
Sec. 27-252.-Effective and Termination Date.
This ordinance takes effect immediately upon adoption and expires on January 31,
2020, unless reduced or further extended by action of the City Council.
Section 2. This ordinance shall take effect upon its adoption.
VOTE RESULTS OF FIRST READING:
Mayor Harriet Pruette
Vice Mayor Richard Arthur
Councilor John Jolly
Councilor Kara Tucker
Councilor Scott Wiley
Passed on First Reading this 751 day of November, 2016
VOTE RESULTS OF SECOND AND FINAL READING:
Mayor Harriet Pruette
Vice Mayor Richard Arthur
Councilor John Jolly
Councilor Kara Tucker
Councilor Scott Wiley
Passed on Second and Final Reading this __ day of ___ , 2016.
Harriet Pruette, Mayor
ATTEST:
Ordinance No. 2016-13 Page 5 of 3
Amanda Askew, Acting City Clerk
Approved as to form and content:
Patrick Krechowski, City Attorney
Ordinance No. 2016-13 Page 6 of 3
ORDINANCE
PREAMBLE
AN ORDINANCE OF THE [CITY/COUNTY], ESTABLISHING A
TEMPORARY MORATORIUM ON CANNABIS DISPENSING
BUSINESSES AS FURTHER DEFINED HEREIN; PROVIDING FOR
GEOGRAPHIC AREA COVERED; PROVIDING FOR PENALTIES,
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, in 20 14 the Florida Legislature enacted a law legalizing low-THC medical cannabis in
Florida; and
WHEREAS, in 20 16 the Florida Legislature expanded the law to legalize medical cannabis in Florida;
and
WHEREAS, future constitutional amendments and legislation may fmther expand the legal use of
cannabis in Florida; and
WHEREAS, a comprehensive State licensing and regulatmy fi·amework for the cultivation, processing,
and dispensing of cannabis now exists; and
WHEREAS the comprehensive State licensing and regulat01y framework directs that the criteria for the
number and location of, and other permitting requirements that do not conflict with state law or
depmtmcnt rule for, dispensing facilities of cannabis businesses may be determined by local ordinance;
and
WHEREAS, cannabis businesses licensed pursuant to the law have begun cultivating cannabis for
processing and dispensing; and
WHEREAS, the dispensing of cannabis is currently illegal under federal law and the United States Drug
Enforcement Agency has recently confirmed that cannabis remains a Schedule I drug under federal law,
but the United States Department of Justice has discussed federal enforcement of such laws with respect
to state regulated cannabis operations in the 2012 "Cole Memorandum," and;
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and business from
secondary effects associated with the distribution of cannabis exist, potentially including, offensive odors,
trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts
on nearby businesses, nuisance problems, and increased DUI incidents; and
WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties
experienced by cannabis businesses in obtaining banking services necessitating such businesses to operate
on a cash basis; and
WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical uses; and
WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in
compliance issues, lead to the improper diversion of products, and accentuate threats to the public health,
safety, and welfare; and
4827-7748-2037.1
WHEREAS, in November of this year, Florida voters will decide whether to amend the Florida
Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a broader
population of eligible patients; and
WHEREAS, Florida laws relating to the cultivation, production, and dispensing of cannabis products are
rapidly changing-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; and
WHEREAS, the purpose ofthis ordinance is to place a temporary moratorium on the opening of certain
new cannabis dispensing facilities, and on the expansion or relocation of certain existing cannabis
dispensing facilities; and
WHEREAS, the [City/County] hereby finds that the temporary moratorium imposed by this ordinance is
intended to give the [City/County] the time reasonably necessary to investigate the impacts of cannabis
dispensing facilities, and if necessmy, to promulgate reasonable regulations relating to such
establishments; and
WHEREAS, the [City/County] hereby finds that this ordinance advances an important government
purpose by reducing the likelihood of the unregulated negative secondary effects of cannabis dispensing
facilities; and
WHEREAS, the [City/County] hereby finds that this ordinance is in the best interest of the public health,
safety, and welfare; and.
WHEREAS, the [City/County] has determined it is in the public interest to adopt this Ordinance pursuant
to the [City's/County's] police powers and section 381.986 to protect the health, safety, and welfare of the
public;
NOW THEREFORE, the following ordinance is adopted.
Sec. _-_-10.-Purpose and intent.
The purpose of this Ordinance is to provide the {City/County] with the opportunity to review the impact
of recent changes in law and the potential passage of a constitutional amendment, as well as the impact of
cannabis dispensing in other jurisdictions, to determine how such dispensing should be permitted or
regulated in the [City/County].
Sec. _-_-20.-Definitions.
(1) The following words and phrases, when used in this Ordinance, shall have the meanings
ascribed to them in this Ordinance:
4827-77 48-2037.1
a. Cannabis means all palts of any plant of the genus Cannabis, whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.
b. Cannabis dispensing business or business shall mean a business location offering
cannabis for retail sale pursuant to a license to dispense cannabis issued under applicable
law.
2
c. Compassionate Use Act shall mean section 381.986, Florida Statutes, and chapter
2016-123, Laws ofFlorida, as amended from time to time, and any rules or regulations
promulgated thereunder.
d. State shall mean the State of Florida.
(2) In addition to the definitions contained in Subsection (1 ), other terms used in this
Ordinance shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions
are incorporated into this Ordinance by this reference.
Sec. _-_-30.-Temporary Moratorium.
Beginning on the effective date of this Ordinance, a moratorium is hereby imposed on the opening of new
cannabis dispensing businesses and on the expansion or relocation of existing cannabis dispensing
businesses in the [City/County].
a. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity
to open or cause to be opened any cannabis dispensing business within the [City/County].
b. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity
to relocate or cause to be relocated any cannabis dispensing business within the [City/County].
c. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity
to expand or cause to be expanded any cannabis dispensing business within the [City/County].
d. During the moratorium, the [City/County] shall not accept, process or approve any application
for business tax receipts, licenses, building permits, land use permits, or any development permits
concerning or related to a cannabis dispensing business.
e. During the moratorium, the [City/County] shall not accept, process or approve any business
tax receipts, building pennits, land use permits, or any development permits conceming or related
to a cannabis dispensing business.
f. During the moratorium, the [City/County] shall not accept, process or approve any licenses,
permits, or approvals for any property, entity, or individual for the sale or dispensation of
cannabis so long as this ordinance is in effect.
Nothing in this temporary moratorium shall be construed to prohibit the use of cannabis pursuant to the
Compassionate Use Act or other applicable Florida Law, or the delivery of cannabis in compliance with
the Compassionate Use Act or other applicable Florida Law.
Sec. _-_-40.-Study and Recommendations.
The [City/County] Manager is hereby directed to study, land development regulations for cannabis
dispensaries and the impact of such regulations in other jurisdictions.
Sec. --50. -Penalties.
Any person or entity who violates any provision of this Ordinance or who fails to comply therewith, or
with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars
($500.00) per violation, per day, or be imprisoned for a period of time not to exceed sixty (60) days.
3
4827-7748-2037.1
Sec. _-_-60.-Severability.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are severable.
Sec. _-_-70.-Repeal.
All ordinances, resolutions, official determinations or patts thereof previously adopted or entered by the
city or any of its officials and in conflict with this ordinance are hereby repealed to the extent inconsistent
herewith.
Sec. _-_-80.-Effective Date.
This ordinance takes effect immediately upon adoption.
4
4827-7748-2037.1
Introduced by: _________ _
1st Reading: __________ _
2nd Reading: _________ _
ORDINANCE NO. 2016-SO:XX
AN ORDINANCE OF THE CITY OF JAGKSONVILLE BEACH
-.;-;--;'--'_=;:_:::::~.
CONSIDERING A TEMPORARY MO~WGRIUM ON THE
OPERATION OF MEDICAL MARIJUANAfiiJREATMENT CENTERS
AND MEDICAL MARIJUANA DIS:JJJR$fstN:~~,·~ ORGANIZATIONS
WITHIN THE CITY FOR A PERIODA_Qf2 0NE (t')~{¥¥AR; PROVIDING
FOR SEVERABILITY; PROVIDIN~:~iEFFECTivE:~p~J'E:
4;{%~ltf.~f~ ·:·:~~~;Jitj:; ..
WHEREAS, on November 8, 2016, Florida~VB:t~rs will consider an atfi'&rtd,ment to the Florida
Constitution ("Amendment 2") entitled "Use ofNI~iJuana (oi.~~t)ebilitating~~~.4ical Conditions";
and ·~~~j;f,Z''·''-,~~~~h~~ft1;tJ? ·c:~if~:*'
WHEREAS, if approved by Florida'~qtgts\~~endmenf~JfWould legalize the use of medically
certified marijuana in the State of Flo;i(f~,,iJ.ll"di9fyfhqrize theit\tltiyation, processing, distribution,
and sale of marijuana and,J.~l~ted activiti€~}~1Jy liceiislqj.:.Medica:t~?tijuana Treatment Centers";
and _,:sAi~~~·~~-~;~&;.~:, \W~:"" /,·~i~lfi£i~5~~:t;';c _ <:t}·
WHEREAS, on M~&ir 8,25, 20{q~-;hhe Flo;i~~!~~:;~lature :;l~ended numerous provisions of
Section 381.986, Florida~~i~t_tutes.tgJmstl<.e vario'fiii.t~visions including a revision to the definition
of "dispen§.W!:fiP:rganizatidffi,',li;tq;{?Ji6'W~tai~p~nsing~~prganizations to transport cannabis, and to
include£ri!Ji~ic~1~:8~~pis" ''fqr~~~ligibf~·\p~i]iyJb~s~!'With terminal conditions and to provide
additi0fi~1ti'egulation 6T~tti~~-pepaftii1s.llt of HeaHR~)Vith regard to medical cannabis; and
WHE~~l'~~,Qohapter 64-:·;~~Ql11pa;~v~~t~ Use" of the Florida Administrative Code has been
enacted to regtil~J~ the DepatfW~nt of H~alth with regard to the requirements for dispensing
organizations, H:l~!g4ing pro2~~pres for application, review, approval, inspection, and
authorization of disp~il,~ing org~p1zations, and the Department of Health has commenced its
application and revie-Jtpt~w~s.$~t~Rd
·:;~~~~Ifii~~~.w;
WHEREAS, various stat~,:~hd national entities have begun addressing the direct and secondary
impacts relating to the legalization of marijuana, including the American Planning Association,
Denver Fire Depatiment, Rocky Mountain High Intensity Drug Trafficking Area, U.S.
Department of Justice, Florida cities and counties, Florida for Care Blue Ribbon Commission,
and the Florida League of Cities-Florida Association of Counties-Florida Police Chiefs
Association-Florida Sheriffs Association Medical Marijuana Workgroup; and
WHEREAS, future constitutional amendments and legislation may fu1iher expand the legal use
of cannabis in Florida; and
Ordinance No. 2016-80XX
Page I of4
WHEREAS the comprehensive State licensing and regulatory framework 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 dete1mined by
local ordinance; and
WHEREAS, due to the historical prohibition of marijuana, the City of Jacksonville Beach does
not cunently have any land development regulations governing the use of real property for the
purposes of cultivating, processing, distributing, or selling marijuana or related activities, and
such uses are not permissible within the City; and
WHEREAS, if approved, Amendment 2 would legalize .t!f~~dical use of marijuana and or
cannabis throughout the State of Florida for individuals,,-wJtlil:aebilitating medical conditions as
determined by a licensed Florida physician and autlf§!J~'&~~tll~,Jegistration and regulation of
centers that cultivate, process, distribute, and sell IIJ,~r~Jii~ha prdcl\t£t§_ for medical purposes; and
.~\i~:~~~~;~~:::r· ;;~<.:·/-::, .•• _
WHEREAS, in order to promote effective l~ltJf~lff~e planning if Aili~fid.ment 2 passes (or if a
dispensing organization should seek to oper~f~f.~~~Tithin the City), the··;@{p.r._ Council wishes to
preserve the status quo while researching, strttlM!!?-g anq"{§:qfilyzing the\Z:P'_p_tential impact of
Medical Marijuana Treatment Cent2~~;"'~nd dispens'Ifig~{grg;ii\i$z~tions upon adJ~t~nt uses and the
sunounding area and the effect 'qJ:~i~~JUcal Marijil"l@~ttreatment Centers ··and dispensing
organizations on traffic, congestion, '§:~B~~in,g property;iM~l~1es, demand for City services and
other aspects of the general welfare; an'd_'~·,. "-~{~~!t:ff:f"'';, -~'~1t~i:.
---:e'"S:;,~~--·~;~!.;, ,, ~'~Rtl0B;~;"·--?:'Wr.4~·.~-.
WHEREAS, the PlatmmgankJ:i~s9Ping Bmir,g~~.aftefA,l.g!jc¢;~ggpuoliC hearing, has considered the
ordinance imposing ;~*~!~lliporaryfiW,~ratoriurl\t~~qRJ~11~~tiperaiioi¥t9f Medical Marijuana Treatment
Centers and dispensing;~t;ganizatiq~§ and has P!~ented its recommendation to the City Council;
and ..• r~'{~~gg;~{i\';:~.--. ~~;f,;&:~~~~~%;~,t~f%f:~;);j]~t~}-.· ·~~~~~!~~--
WHE~YQ~S.t~trre''ai~p~~n~ing 6'f{~q&lnnabis'is1\6.94r~ntly" illegal under federal law and the United
States\'m:&~g Enforceni~fi!~gencY,~~~~ receniiy~~bnfirmed that cannabis remains a Schedule I
drug urra~r£"federal law, bijj;~he t31J,it~fl States Department of Justice has discussed federal
enforcemeil:f:~~:fc_,,such laws wi®€,respeCf{\q\;§_tate regulated cannabis operations in the 2012 "Cole
Memorandum~"~~~;,,h ''i{~l, 'tlf;'
WHEREAS, potent{~!&advers,~~;[f~pacts on the health, safety, and welfare of residents and
business :from secondat)l:;;~:f(¢~t§J?associated with the distribution of cannabis exist, potentially
including, offensive odofS~~~if~spassing, theft, fire hazards, increased crime in and about the
dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased
DUI incidents; and
WHEREAS, ce1tain of the above potential adverse impacts are accentuated by the current
difficulties experienced by cannabis businesses in obtaining banking services necessitating such
businesses to operate on a cash basis; and
WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical
uses; and
Ordinance No. 2016-SO:XX
Page 2 of4
WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities,
result in compliance issues, lead to the improper diversion of products, and accentuate threats to
the public health, safety, and welfare; and
WHEREAS, the City Council finds that a temporary moratorium on the operation of Medical
Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period
of time to determine what uses are best suited to particular zoning categories and how best to
formulate land development regulations that appropriately govern the use of real property for
purposes of cultivating, processing, distributing or selling mariJ"Wia or related activities;
·j·~i:\:·f:~~::~=f/'
WHEREAS, it is not the purpose or intent of this Qt~ift'~~~ to restrict or deny access to
cannabis products as permitted by Florida law, bl.l~(Q::fi$te1i&'8;t,p enact reasonable restrictions
intended to protect the public health, safety, and 'Y;~!(a:f&'and i:fi~"Jwknown at this time whether
Amendment 2 will pass and if it passes, what t~~J,~J!Ifcting legislair&Q,J),¥ill provide and when that
enacting legislation will be effective. ,1@}i:;v "~~~;;;:~;,
· NOW, THEREFORE, BE IT ORDAINED ;{f~TjJ)l: CIT.YJIQF JAc~fa~:¥ILLE BEACH,
FLORIDA: Jl•:, "?~~~t;l.r.YJ:.~t.·~.~j:}l' ':~~~ %~~~~;{:~~' ' ~
SECTION 1. A temporary"''' "ii_tpr-i!.lm is iiif~sed on the operation of Medical
Marijuana Treatment Centers and disrt .. ,,~.n~~8~imJ-t:ations"\%£~in the city limits of the City of
Jacksonville Beach. Whil~<i\tb~ tempora'i%~¥lonit6¥~~·i~ in ·gff~s!~ the City shall not accept,
process or approve a11y&gppji$.~1!9P. relatinigzJg_ tht;,.,q,Q~~{tqn~.~f a~edical Marijuana Treatment
-.'."-'.-: ·:·--· •,,. ,-~"";'-·'·'"·"' ,-·'··-•~ . ',_,../: ".'-''' o,·.·~ •;n.·:. ,, •
Center or dispensin~i£@fg'Emizatlbf!I£~othing tm~~'~temporacy;J',:m,oratorium shall be construed to
prohibit the medicaR(¥~~\. of m~f£pana or f~12;itHC cannabis by a qualifying patient, as
determined by a licenseH{\E)JgridB;{.Ql)'x~Jcian, pur~qa,nt to Amendment 2, Fla. Stat. §381.986 or
other Fl~~~~J~\JJ.~~~~t&?•.: •. , ... '\~~:t~~Jf~t,j~~~i(~)f\l.);,)~i+t,~ ,·c;~~~~~~
~$)JJ'CTION i:'t~~~;igr pufPg§,~,s of t1l~i~{~¢porary moratorium, a "Medical Marijuana
Treatmefi.~~f~:~enter" meali~~, enth~it~fit acquires, cultivates, possesses, processes (including
developmenifl9:f related prod@t~ sucli''~~}tfQod, tinctures, aerosols, oils, or ointments), transfers,
transports, s~fi~kgJstributes, d~~'~pses, orf.'ifdministers marijuana, products containing marijuana,
related supplie;'~{i~Q'~"''education~I~~aterials to qualifying patients or their caregivers and is
registered by the";{('f'lgrida I{¢Jft~rtment of Health. "Dispensing organization" means an
organization approved.t1R~~,!h$?,,~f'X9lida Department of Health to cultivate, process, transport, and
dispense low-THC cannai11S.1Q:f:::medical cannabis pursuant to Fla. Stat.§ 381.986.
··~~t-J}>'""
SECTION 3. During the moratorium, it is unlawful and a violation of this ordinance for
any person or entity to open or cause to be opened any cannabis dispensing business within the
City. It is also unlawful and a violation of this ordinance for any person or entity to relocate or
cause to be relocated any cannabis dispensing business within the City or to be expanded in the
City.
SECTION 4. That this ordinance shall take effect upon its adoption by the City Council.
The temporary moratorium shall terminate one (1) year from the effective date of this ordinance,
Ordinance No. 2016-80XX
Page 3 of4
unless the City Council rescinds or extends the moratorium by a subsequent ordinance. In the
event that Amendment 2 is not approved by Florida's voters on November 8, 2016, the temporary
moratorium on the operation of Medical Marijuana Treatment Centers shall terminate
immediately, but the temporary moratorium on the operation of dispensing organizations shall
remain in effect in accordance with this section.
SECTION 5. That if any section, subsection, clause or provision of this ordinance is held
invalid, the remainder shall not be affected by such invalidity.
SECTION 6. All ordinances, resolutions, official,;~;g~terminations or parts thereof
previously adopted or entered by the city or any of its officittl~i@1ti in conflict with this ordinance
are repealed to the extent inconsistent herewith. .-1:';;~¥l~fli''T
AUTHENTICATED THIS DAY OF ,7+-i~~~~'t?';·t,~~;~,:p., 2016.
A~i~t::~---~_;, .. \ni~\;::l--~~~~~;~:,r -~,;~~~"'
~~~~~it~'-• _<; ' ''~tr:~;~~-~-----~-~--~-·_ ... _' __ .--.• , ___ :·.--~--,~-~-·_·-~·'--,'_-_-_·.:~:_.~ __ ._·-.:0_.·· __ :··_,:"':'·_. __ •. -•. -.-7''· ··w·-~·· -~si;f~k~~~~l ·. ~-j:>,~ ?tgt~tio/~~f&W'
Ordinance No. 2016-80:XX
Page 4 of4