Item 7A- Ordinance 90-17-226-Temporary Moratorium- Medical MarijuanaDRAFT 11/29/2016
ORDINANCE NO. 90-17-226
AGENDA ITEM 7A
DECEMBER 12, 2016
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CONSIDERING
A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL
MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA
DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF
ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE:
WHEREAS, on March 25, 2016, the Florida Legislature amended numerous provisions of Section
381.986, Florida Statutes to make various revisions including a revision to the definition of
"dispensing organization" to allow dispensing organizations to transport "medical cannabis", and
to include medical cannabis for eligible patients with terminal conditions and to provide additional
regulation of the Department of Health with regard to medical cannabis; and
WHEREAS, Chapter 64-4 "Compassionate Use" of the Florida Administrative Code has been
enacted to regulate the Department of Health with regard to the requirements for dispensing
organizations, including procedures for application, review, approval, inspection and authorization
of dispensing organizations, and the Department of Health has commenced its application and
review process; and
WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida
Constitution ("Amendment 2") entitled "Use of Marijuana for Debilitating Medical Conditions";
and
WHEREAS, Amendment 2 legalizes the use of medical cannabis in the State of Florida and
authorizes the cultivation, processing, distribution, and sale of marijuana and related activities by
licensed "Medical Marijuana Treatment Centers"; and
WHEREAS, various state and national entities have begun addressing the direct and secondary
impacts relating to the legalization of cannabis, including the American Planning Association,
Denver Fire Department, 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, 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 medical cannabis businesses may be determined
by local ordinance; and
WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach does not
currently have any land development regulations governing the use of real property for the
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AGENDA ITEM 7A
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purposes of cultivating, processing, distributing, or selling marijuana or related activities, and such
uses are not permissible within the City; and
WHEREAS, Amendment 2legalizes the medical use of medical cannabis throughout the State of
Florida for individuals with debilitating medical conditions as determined by a licensed Florida
physician and authorize the registration and regulation of centers that cultivate, process, distribute,
and sell medical cannabis products for medical purposes; and
WHEREAS, in order to promote effective land use planning, the City Commission wishes to
preserve the status quo while researching, studying and analyzing the potential impact of Medical
Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the surrounding
area and the effect of Medical Marijuana Treatment Centers and dispensing organizations on
traffic, congestion, surrounding property values, demand for City services and other aspects of the
general welfare; and
WHEREAS, the dispensing of medical 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 medical 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 medical 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, the City Commission 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 medical cannabis or related activities;
WHEREAS, it is not the purpose or intent of this Ordinance to restrict or deny access to medical
cannabis products as permitted by Florida law, but instead to enact reasonable restrictions intended
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AGENDA ITEM 7A
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to protect the public health, safety and welfare and what any potential enacting State legislation or
regulations will provide and when such enacting legislation and regulations will be effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ATLANTIC BEACH,
FLORIDA:
SECTION 1. The aforementioned recitations are incorporated herein by reference.
SECTION 2. A temporary moratorium is imposed on the operation of Medical Marijuana
Treatment Centers and dispensing organizations within the city limits of the City of Atlantic
Beach. While the temporary moratorium is in effect, the City shall not accept, process or approve
any application relating to the operation of a Medical Marijuana Treatment Center or dispensing
organization. Nothing in this temporary moratorium shall be construed to prohibit the medical use
of medical cannabis by a qualifying patient, as determined by a licensed Florida physician,
pursuant to Amendment 2, Fla. Stat. §381.986 or other Florida law.
SECTION 3. For purposes ofthetemporarymoratorium, a "Medical Marijuana Treatment
Center" means an entity that acquires, cultivates, possesses, processes (including development of
related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers medical cannabis, products containing medical cannabis,
related supplies, or educational materials to qualifying patients or their caregivers and is registered
by the Florida Department of Health. "Dispensing organization" means an organization approved
by the Florida Department of Health to cultivate, process, transport, and dispense medical cannabis
pursuant to Fla. Stat.§ 381.986.
SECTION 4. The City Manager or his designee is hereby directed to study land
development regulations for medical cannabis dispensing businesses and Medical Marijuana
Treatment Centers and the impact of such regulations in other jurisdictions.
SECTION 5. 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 medical cannabis dispensing business or
Medical Marijuana Treatment Center 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 medical cannabis
dispensing business or Medical Marijuana Treatment Center within the City or to be expanded in
the City.
SECTION 6. This ordinance shall take effect upon its adoption by the City Commission.
The temporary moratorium shall terminate one (1) year from the effective date of this ordinance,
unless the City Commission rescinds or extends the moratorium by a subsequent ordinance.
SECTION 7. If any section, subsection, sentence, clause, phrase or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall
not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional.
SECTION 8. The City's code enforcement officer, law enforcement or any other person
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authorized to enforce ordinances in the City may enforce the provisions of this Ordinance. Any
enforcement action or legal remedy available under controlling state law, including but not limited
to, prosecution as a misdemeanor with a fine not exceeding Five Hundred Dollars ($500.00) or by
imprisonment for a term not exceeding sixty (60) days or by both fine and imprisonment, may be
imposed as a penalty. Nothing contained herein shall prevent the City from taking such other
lawful action in law and equity as may be necessary to remedy any violation of, or refusal to
comply with, any part of this Ordinance, including but not limited to:
(a) Code enforcement action pursuant to City of Atlantic Beach Ordinances;
(b) Pursuit of injunctive and/or declaratory relief in a court of competent jurisdiction;
(c) Initiating an action to recover any and all damages that may result from a violation
of, or a refusal to comply with, any part of this Ordinance; or
(d) Utilizing any other action or enforcement method allowable by law.
SECTION 9. 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 repealed to the extent inconsistent herewith.
SECTION 10. The effective date of this Ordinance shall be , 2016, the
day the Commission first took action towards adoption of the moratorium, in accordance with
Smith v. Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). This Ordinance shall not be codified.
PASS ED by the City Commission on first reading this_ day of ____ , 2016.
PASSED by the City Commission on second and final reading this_ day of ___ _
2016.
CITY OF ATLANTIC BEACH
Mitchell E. Reeves, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
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