Agenda Item: A-2 A gen d a Iter Meeting Da Meeting Date: 06/15/17

MEMORANDUM TO: City Commission Meeting THROUGH: Douglas Hutchens, Interim City M~ DATE: June6,2017 (

FROM: Greg Rice, Director of Planning & Development

SUBJECT: Ordinance 17-05, Medical Marijuana

PRESENTER: Greg Rice, Director of Planning & Development

PAST ACTION: City Commission approved Ordinance 17-04, Medical Marijuana Moratorium. City Commission approved Ordinance 17-05 at first reading on 6/ 1117. NEXT ACTION: None.

ATTACHMENTS: (1) Ordinance 17-05. (2) Map of possible General Office MM dispensary locations.

BACKGROUND: Medical Marijuana in Florida- Bullet Point Summary: 1. Passed as Constitutional Amendment, Florida's medical marijuana law was approved by 71% of Florida voters on 1118/ 16. 2. It added a new section to Florida's State Constitution, entitled "Medical marijuana production, possession and use." 3. The new section protects qualifying patients, caregivers, physicians, and medical marijuana dispensaries and their staff from criminal prosecutions or civil sanctions under Florida law (but not under federal law). 4. In order to become a qualifying patient, a person must get a physician's certification from a Florida doctor and be diagnosed with a debilitating medical condition. Minors must also have written permission from a parent or guardian. A patient can then obtain the required ID card. 5. Debilitating medical conditions are: "cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post­ traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn' s disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerate-d, -an.d for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient." In other words, if a condition is about as serious as those listed and the patient's doctor believes marijuana may benefit the patient, they may qualify. 6. The Florida Department of Health will register and regulate dispensaries, which are called "medical marijuana treatment centers," that can produce and distribute marijuana for medical purposes. The number and location of these centers is unknown and will be determined by the Department of Health.

Workshop Adjustments to the Draft Ordinance City Commission Direction:

I. An initial five (5) mile distance separation between MM dispensaries, effectively allowing only one dispensary m Dunedin. 2. The MM dispensary should be located on S. R. 580.

Based on the direction above, the draft ordinance presented at the workshop was modified as follows in red:

107-37.3 Administration

107-37.3.1 Conditional Use Permit Required Medical marijuana dispensaries shall be allowed as a conditional use upon application, hearing and approval as provided in Section 104-21 of the Land Development Code.

107-37.3.2 Zoning Districts Allowed Medical Marijuana dispensaries are allowed in the following zoning districts. A) General Office "GO"

107-37.4.2 Separation Requirements A medical marijuana dispensary shall not be established:

A) Within five (5) miles of another medical marijuana dispensary located within the City limits of Dunedin; B) Within 300 feet of child care center, public, private or parochial school (prekindergarten through grade 12) or public park; 1. Whenever a conditional use approval for a medical marijuana dispensary has been lawfully procured and thereafter a public, private or parochial school (pre-kindergarten through grade 12), child care center or public park be established within a distance otherwise prohibited by law, the establishment of such use shall not be cause for revocation of the conditional use approval or related medical marijuana permit or prevent the subsequent renewal of same;

Staff Recommendation: Planning & Development staff recommends approval of Ordinance 17- 05.

**NOTE: Please see attached map of possible General Office "GO" MM dispensary locations. ORDINANCE 17-05 • AN ORDINANCE OF THE CITY OF DUNEDIN RELATING TO MED.ICAL MARIJUANA; PROVIDING FOR MEDICAL MARIJUANA DISPENSARY REGULATIONS WITHIN THE CITY OF ,OUNEDIN; PROVIDING DEFINiTIONS; PROVIDING tHAT MEDICAL MARIJUANA DISPENSARIES ARE PROHIBITED HOME OCCUPATIONS'; PROVIDING FOR SEVERABILITY, CONFLiCTS, AND AN· EFFECTIVE DATE.

. WH.EREAS, in 2014 the Florida Legislature ~nacted a medical marijuana law, the "Compassionate .Medical' Cannabis Act of 201'4" (codified ·as §381 .986, Fla. Stat.) (the "Actj which authorized a limited number of large. nurseries. to cuHivate, process, and dispense no·n-$uphorio, low THC cannabis and·operate as "Dispensing Organizations" for individ~als with ~rtaln specified serious ailments; and ·

. WHEREAS, the Florida Legis.lature in its 2016 session amended the Compassionate Medical Cannabis Act (§381 .986, Fla, Stat.) to include the use ·of "me~fical marijuana" for eligiblt;l patients with terminal conditions; and

WHEREAS, the 2016 Am~ndment expanc:fed the type of marijuana available to eligible patients beyond low THC cannabis to include all types of m~rijuana, and the statutory a.mendment has been codified and has become effective in the State ofFiorida; and WHEREAS, on November 8, 2016, Florida's voters approved an amendment to t~e Florida Constttution, titled "Use of Marijuana for Debilitating Medical Conditions" ("Amendment 2"); and

WHEREAS, Am~ndment 2 fully legalized the medical use of marijuana throughout the State of Florida for those individuals with specified "debilitating" conditions, and authorizes the cultivation, processing, distribution and sale of marijuana and related activities by licensed "Medical Marijuana Treatment Centersn; and

. WHEREAS, a comprehensive state licensing and regulatory framework for the cultivation, processing and dispensing of cannabis under Act of 2014 presently exists and provides· that criteria for the number and location of dispensaries and other permitting requirements that do not conflict with state law or Department of Health rules may be ~tablished by local ordinance; and WHEREAS, businesses licensed pursuant to the Act have begun cultivating cannabis for processing and dispensing; and j. WHEREAS, to further promote the effective regulation of such activities, the City Commission wishes to establish Medical Marijuana Dispensary regulatlon·s in its Land Development Code; and governing· th~ u·se .of re·al property for purposes of cultiv~ting, processing, distributing .or selling marijuana or related activities; and . WHEREAS, the City Commission has de_termin-ed that it is in the best interests of the citizenry and general public to regulate the location of rnedical ·marijuana d.ispensanes:; and · WHEREAS, the City Commission has the responsibility a.nd .authority to , determine what uses· are best suited to .Particular zoning .categories as well as land use categories within the.City; and . WHEREAS, the ·city Conimission has determined that given the potential impact on the su_rrounding·._area; that Medical Marijuana t;>isp·ensaries should only be permitted a·s.a conditional 1,1se; and

WHEREAS,-the City Commi~ioli has determined that it js advisable and in ·the public interest to cOnsider certain distance =and other siting standards iii regard to the ·location of opera-tion of -medical marijuana dispensaries as a conditiont:~l use; (lncJ

· WHE.REAS, the' local planning agency, has found this ordinance to ~ ·consistent with the City's Comprehensive Plan and recommended approval; and WHEREAS, the City Commission finds that this ordinance promotes the public health, safety and -welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY GOMMISSION OF THE CITY OF DUNEDIN, FLORIDA, IN SESSION DULY AND REGUJ,..ARL Y ASSEMBLED: SECTION 1. That Sectjon 107-37 of Ch(lpter 107 of Subpart 8 - Land Development Code of the City·of Dunedin is herE;!by created to read as follows: 107·-37 Medical Marijuana Dispensaries 107-37.1 Authority The City is regulating medical marijuana pursuant to F.S. § 166.021 and under the Home Rule Power of the City o·f Dunedjn, Florida, in the interest of the health, safety, and general welfare ofthe people of the city. 107-37.2 Purpose and Intent The intent of the City Commission of the City of Dunedin, in adopting medical marijuana ·regulations, is to establish reasonable and uniform regulations that Will protect the health, safety and general welfare of the people of the City of Dunedin, Florida.

Ordin~nce 17-05 Page 2 of 12 107-37.3 Administration

107~37.3 . 1 Conditional Use Permit Required

Medical marijuana dispenSaries shall be allowed as a conditioncll use upon application, hearing and approval as pro'lided in Section 104-21 of the Land Development Code. 107-37 ;3.2 Zoning Districts Allowed

Medical Marijuana dispensaries are allowed in the following zoning districts:

A) General Office "GO" 107-37.3.3 Application

In addition to the standard development approval ap.plication requirements and meeting all the requirements for a conditiona] use permit under this Land Development .Code, an application for conditional use permit approval for a medical marijuana dispensary shall:

A) Be a joint application by the property owner and the tenant, if the medical marijuana dispensary and the property are not owned by the same person or entity; B) Be accompanied by a lease identifying the·. specific use if the medical marijuana dispensary and the property are ·nat owned by the same person or entity;

C) Provide proof to the city that the medical marijuana dispensary business operator is authorized by the state of Floiida to sell medical marijuana to persons authorized by the state of Florida to purchase same for treatment of certain medical conditions; ·

D) Include a survey sealed by a registered land surveyor who is licensed by the state of Florida. The survey shall indi~te the distance between the proposed medical marijuana dispensary and any other medical marijuana dispensary, substance abuse treatment facility, residential zoning district, residential use, elementary., middle or secondary school child day care facility, county or municipal park·or place of worship; E) Site plan. Each application for a conditional use permit shall be accompanied by a site plan incorporating the regulations established herein. The site plan shall be drawn to scale indicating property lines, rights-of-way, and the location of buildings, parking areas, curb cuts and driveways;

F) Any other information applicable to the subject request and having a bearing as to its justification and approval.

Ordinance 17-05 Page 3 of 12 107-·37.-3.4 Revocation of C~ndltionai.Use Permit

Any conditional use permit approval granted under this ·section -s~all be immed lately terminated if any-one or more of the following occur: A) The medical marijuana dispen.sar.y owner/operator or owner of ··the property upon Which a medical rna tijuana dispensary.is located proVides false or misleading information to the city. B) Anyone oh the premiseS knowingly dispenses, delivers, or othefWise transfers any medical marijuana or medical marijuana product to an individual or entity not authorized by state law to receiv$ such .s.ubstance or product. C) A medical marijuana dispensary ·owner/operator .or manager is convicted of a felony offense. ·

D) Any medical marijuana disp·ensary· ownerioperato.r, manag·er or employee is convicted of any drug.;related crime under the ' Florida Statues. · E) The medical manjuana di-spensary owner/operator fails to correct any city code violation or to otherwise provide an action plan to remedy the violation acceptable to the city within the time frames and compliance deadline provided in th~ notice of violation.

F) The medical mariju_ana dispensary owner/operator fails to correct ~my stat~ law violation or address any warning in .accordance with · any corrective action plan req·ulred by the. State-within the tlmeframes and completion date· the medical m.arij!Jana dispen·sary owrter/operator provided to the city.

G) The me~ical marijuana dispensary owner/operatQr's &tate license or approval authorizing the dispensing of medical marijuana ·expires or is revoked. · H) The. medical marijuana dispensary owner/operator fails to maintain a conditional use pertnit as required by Section 104-21 -Conditional Use Permits of the City's Land Development Co.de. I) The medical marijuana dispensary owner/operator fails to comply with all conditions set forth in the conditional use permit approval. 107-37.3.5 Revocation Process In the event the City determines there are grounds for revocation as provided in this section the City shall notify the permittee of the intent to revoke the medical marijuana dispensary conditional use permit. A) The permittee shall have ten bu.siness days in which to provide evidence of compliance with this section. If the permittee fails to show compl.iance Ordinance 17-05 Page 4 of 12 with this. section within ten business days the City shail schedule a hearing before the Board of Adjustment and Appeal to determine if a perry1itted medical m~rij uana d.isp.ensary is not in compliance with this Code or the pohdltiOh$ of the relevant ·approvals by the· City. Nothing in thjs s·ec.Uon sh~ll take away ot.her enforcement powers of the .flQard of Adjustment ~nd Appeal ·or any othe.r agency provided by the Code or statute. · 1. ·Effect of revocation if a medical marihuana conditional use. permit approval i$ revoked, the permittee .shall not be · alloWed to· obtain another medical' marijuana conditional use perrilit for a periOd ·of (5) five years. 2. Effective date. ·The revocation shall take effect 15 days (including Saturdays Sundays and holidays) after the date the City mails the notice of revocation tq the p:ermittee or on the date the pennittee ceases operation ·and removes its sign whichever occur$ first.

107~37.3.6 Compliance with Federa.l and State Regulations

A medical mariju~na c:Jispensary must comply with all federal · and state. laws, licensing c;~nd reg~icrtory requirements. A) ·A medical ma.rijuana dispensary shall notify the city within frve (5) business days of receipt of any nOtiCE! of violati<:m or warning from the state or of any Changes to its state licensing approvals.

B) If a medical marijuana di$pensary rec~ives: a notice of violation or warning from the ·state· it shall no. later than twenty (20) business days after receipt of the notice provide the city with a cOPY of the corrective action plan and timeframeS and completion d.ate to address tile identified iss.ues.

107-37.3.7 Medi.cal Marijuana Dispensary Transferability A) A conditional use permit approval for amedical marijuana dispensary is specific to the applicant and the location and shall not be transferred.

B) An attempted tr~nsfer of an approvai for a medical marijuana dispensary either directly or indirectly in violation of this section is hereby declared void, and in that event all the approval for the mecUcal marijuana dispensary sh~ll be deemed abandoned, and the m~i~l marijuana conditional use permit shall be forfeited .

107-37.3.8 Prohibited Activities Other than the processing and dispensing of medical marijuana as permitted by law, no dispensary shall sell, m~rket, dispense, provide, exchange, or otherwise vend any other service or product, specifically including medical services and drug paraphernalia as defined by state law; Ordinance 17-05 Page 5 of 12 A) A medical marijuar)a dispensary shall not e_ngage in any activity other than those activities specifically· deftned h~rein as an authorized part of the use. B) The preparation whole5ate. storage cultivation or processing of any form of Cannabis or Cannabis product and on .. site consumption qf any Cannabis or Cannabis procjuet is ~pecifical!y prohibited. C) Ori-slte storage of any form of .Cannabis or Cannabis product is prohibited except to the extent reasonably nec.essary for the conduct of the on- sit~ retail business ~ ' 107-37.4. Supplemental Site Standards 107-37.4.1 Hours of Operation A medical marijuana dispensary shall only be allowed to operate Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m:, .and Saturday· between the· hours of 8:00a.m. and 12:00 p.m, 107-37.4.2 Separation Requirements A medical marijuana dispensary shall not be established:. A) Wrthin five (5) mile·s of another n;edical marijuana dispensary located within the City limits of Dunedin;

B) Wrthin 300 feet of child care center, public, private or parochial school (prekindergarten through grade 12) or public park; 1. Whenever a conditional use -approval for a medical marijuana dispensary has been laWfully procurep and thereafter a public, private or parochial school (pre-kindergarten through grade 12), child care center or public park be established Within a distance otherwise prohibited by law, the· ·establishment of such use shall not be ca.use for revocation of the conditional use approval or related medical marijuana permit or prevent the-subsequent renewal of same: 107-37.4.3 Measurement of Distance Requirements· To determine compliance with the distance. requirements contained herein, such distances shall be measured along a straight line from the closest portion .of the property, building, unit or structure actually utilized by and containing any pre­ existing or pre-approved alcoholic beverage establishment; school, church , day care facility, county or municipal park, or another m~ica l marijuana dispensary or treatment center to the closest portion of the building; unit, or structure to be utilized by any portion of the proposed medical marijuana dispensary.

Ordinance 17-05 Page 6 of 12 107-37A.4 Loitering

A mecfi"¢al marijuana dispenscuy shall provide adequ~te S$8t'ing for its patients and buslness invitees and shall not allow patients or business invitees to stand, sit (including in a parked c~r) •. orgather ot _loiter outside of the buil9ing where the disp·ensary operates, including in any park~ng areas; sidewalks, right-of-YJaY or neighboring properties for any period of Ume longer than that reasonably reqt,~lred to arrive and depart. The medical marijuana dispensary shall post conspicu.ou~ signs on at least three sides of the building that no loitering is allowed· on "the. property:

, 107-37 .4~5 No Drive-through. Service·

No m~ical marijuana dispensary ~hall have a ·drive_-through or drive-in service aisle. All dispensing, payment for an(J receipt of products shall occur from inside the medical marijuana dis.pens~ry .. 1.07-37.4.6 No ·Queuing ofVehic!es The medical marijuana dispensa"!y shall ensure that there · is no queuing of vehicles in the rigtlt-of-way. lhe m~ical marijuana dispemsary shall ~ke. all necessary and immediate steps to ens!Jre compliance.with this p;:~ragraph . · 107-37.4.7 Vehicle Identification For security purposes no vehicle used in the operation Qf or for the business purp·oses of a medical marijuana dispensary shall be marked in such a manner as to penn it idehtffication wijh the medical ml3rijuana dispensary.

107-37.5 Supplemen~l ~ullding Standards 107-37.5.1 Compatibility

The building_within which a me.di.cal marijuana di$p~ns~ry is proposed must be at all times architecturally and a.estheti~lly compatible with immediately adjacent buildings and buildings and development in the -surrounding area, and shall have neutral coloring of not more than two complementary colors. 107-37.5.2 Building Requirement and Use The medic.a.l marijuana dispensary shall be the only use permitted ·on the . property if the dispensary is located in a freestanding building or within the medical marijuana dispensary t~nant space if the dispensary is part of a multi­ tenant structure. 107-37.5.3 Live Plant Materials No living Cannabis plants are permitted on the site of a medical marijuana di~pensary.

Ordinance 17 ~05 Page 7 of 12 ,,,., ,.

107-37.5.4 On Premises Consumption No con$umptlon of med.ical marijuana shall occur on the premises on which a medical marijuana di$pensar:y i~ located., Including the parldhg areas, sidewalks or adjacent rights-of-way.

1 0.7-:37.5.5 Alc;:ohollc 8$verages No consumptron of al.cohol shall occur on the premises on which a medical marijuana dispensary e~ists, including the parking areas, sidewalks or adjacent rights-of-way. ·

' 107-37.. 5.6 No Vending Machines No medical marijuana dispensary ·shall utilize any type. of vending machines for the dispens·Jng of medical marijuana. .

107-37.5.7 O'utside Display . There: shall be no outside djsplay of any product$, · wares or merchandise il'lcfuding paraphernalia.

107-37.5.8 Security Measures Eacil medical rna.rijuana dispensary shall be equipped with a silent alallli that notifies the county sheriff's office or a private security agency that a break;.;in or robbery is taking place. A security camera capable e>f recording and retrieving an ima·ge shall be required. Such· security camera system shall be operational at all times during and after bU$iness hours. The security ®meras shall be located at every ingress and egress site of the dispehsary, including doors, windows, as well as on the interior where the medical marijuana is stored. In addition, a drop safe or cash management devise that provides minimum access to the facility's cash receipts shall also~· required. SECTION 2. That Section 107-22.2 of Chapter 107 of Subpart B .;.. Land Development Code of the City of Dunedin is· hereby amended to read as.follows: 107.-22.2 Prohibited Ho.me Occupations The following uses are not permitted as home occupations in .residential zoning districts:

A) Medical/Dental office;

B) Motor vehicle and engine repair;

C) Painting of vehicles, trailers or boat$; D) Furniture refinishing;

E) Gymnastic facilities;

Ordinance 17-05 Page 8 of 12 . :.·,,

F) Rec;ording studios;

G) Outdoor recreation activities;

H) Medica.l/cosmetic fac;ilities for animals, inc.ludin_g animal care :or boarding facilities;

I) Machine shop/metal working;

J) Re.tail sales.;

K) Contractors shops;

L) MoJ:tuartes;

M) M~dical procedures;

N) Body piercing: and/or painting; t1;1ttoo$; or

0) Cdmmercial food pr~parati.on;

P) Mecfical marijuana diSpensaries, medica.l-marijuana facilities, dispensing organiz~tions, low~THC cannabis dispensaries, low;.THC cannabis . facliHies, medical marijuana dispensaries, tnedical marijuana facilities, medical marijuan~ treatment centers and non-m.edicaVrecreational marijuana u~s are:speclfically p_rohlbited 1;1s a home occup·anqn, Q) Any other use not .allowed ih accordance With the home occupation allowances of this chapt¢r: . SECTION 3. That Appendix A ot" the Land Development Code of the City of Dunedin is hereby amended to include the folloWing definitions:

Debllita"ting Medical Condition means · cancer, glaue()ma, positive status for human immunodeficiency virus (HIY), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (Al$), Crohn's disease, P$rkinson's disease, multiple sclerosis or other conditi.ons for which a .physician believes that the medical use of marijuana Would likely outweigh the potential health risks for a patient.

Department means the state Department of Health or its s1,1ccessor agency. · Dispensing organization. An organization approved by the Florida Department of Health to cultivate,, process, and dispense low-THC cannabis (low-THG marijuana) pursuant to Section 381.986, Florida Statutes. Dispensing organization~ are prohibited exc~t as authorized as part of~ medical marijuana retail center.

Identification card means a document issued by th~ Department that identifies a p·erson who has a physician certification or a personal caregiver who is at least twen,y-one {21) years old and has agreed to assist with a qualifying patient's medical use of marijuana. · Ordinance 17:..05 Page 9 of 12 Low-THC cannabis Low-THC marijuana). Has the meaning given to loW-THC cannabi$ in Section 381 .9S6(1)(b), Florida Statutes. ·

Low• THC csnnabis dispensary. A business operation for the distribution of low­ THe cannabis or related supplies, whether a. principal use or ~ccessory use, pursuant to Senate Bill 1030, codified at. Section 381.986, Florida St~tutes, constitutional amendment or any other provision of Florida law; Low-THC .cannabis dispensaries are prohibited except as authorized as part of a. medical · -·rrrsrijuana· retail -center.

t..ow-THC cannabis facility. Any authori~ed low~THC d~pensary, di$~ns.ing I organization or atiy other facility that dispenses, processes, grows, cultiVates, distributes, sells, or engages in any other activity that irivo.lves or is rel~lted to low-THC cannabis, pursuant to Florida law. Low-THC canna.bis facilities are prohibited except as .authorized as p~rt of a medicalmarijua.ria retail ~nter. Matiju.a.na has the meaning given cannabis .in Section 893.02(3), Florida Statutes . (2013). Medical marijuana. Any. strain of cannabis·, in any form, including low-THC canri~bis, which is authorized by state law to be dispensed or sold in the . stat~ of Florida for treatment of certain medical conditions. Mf!Jdid.al marijuana dispensary. .A business operation for the distribution of medical marijuana or related supplies, whether a principal use or accessory use, pu~uant to constitutional amendment. or any other provision of Floric:fa law. Medical marijuana dispensari~s are prohibited except as authorized .as patt of a medical marijuana retaU center. Medical marijuana permit. The conditional use permit issued by the City of Du~edin Board ofAc;ljus1ment and Appeal. Medical marijuana retail center. A retail establishment, licensed ·by the Florida Department of Health as a "medical marijuana facility," "medical marijuana treatment facility;" "medical marijuana treatment eenter," "medical marijuana dispensary', "dispensing organization," 11dispensing organization facility," "low­ THC cannabis di·spensary," •ilow-THC ca.nnabis facility," or simUar us.e, that sells and dispenses medical marijuana for individual use, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of medical ·marijuana or medical marijuana product, and does not allow on-site consumptton of medical maiijuan(l. Medical marijuana treatment center. Any entity that acquires, grows, cultivates, possesses, processes (including development of related products such as foo~ , tincture aerosols, oils, or ointments), transfers, transports, sells, or distributes medical marijuana, or that administers medical mariJuana, products containing medical marijuana, related supplies, or educati.onal materials to qualifYing patients or their. personal caregivers and is registered by the Department of

Ordjn~ nce 17-05 Page 10 of 12 Health. Me<:fical marijuana treatment centers are prohibited except as authorized as p~·rt of a medical marijuana retail center. Medical marijuana facility. Any authorized medi~l marijuana treatment center, rneoi~J marijuana dispensary, or any other facility that dispenses, processes, groW$, <::ult!vat.es,. distributes·, $ells. • o.r engages in any other act.iVity that invplves Or ils related to medical mariju.ana pursuant t6· Florida law. Medical marijuana facilities are prohibited except as authorized. as part of a medical marijuana retail center. .

Medical use means the acqui$ition 1 po:ssession, use, delive{}l, transfer, or , administration (marijuana or ~fated supplies by a qualifying patient or personal oaregiver for use.by a qualifying pa'tient for the treatment of.a debilitating medical condition. · · · i Non-:m~ie.~Vre;;:re8tional marij1,1ana. U$6s: Tne production, growing, cultiv~tion, distrib~o.n~ ·p·vrchas:e, .sale; tr.~il~fe.r, delivery or a~y other sim.il~r or related use of rrta.riju·ana, cannabis, ca"11nabis-ba$ed products or cannabis plants when such productio·n, growingt cultivation, distribution, purch~se. sale, transfer, delivery or .any other :similar or related use is ·not associated with any medical purp~ .or 1,1se,. wheth~r o.r not such p~Jrcha .se, sale, transfer or delivery· is laWful L!nder federal or st~te law. Non-medicallrecreatjonal marijuana uses are prohibited. Pei'Sonal caregiver means a person who .is at least twenty-on·e. .(21) years· old who has agreed to assist with qualifying patien~s medical u~e of man]uana and has a caregiver identification ·card issued . by the Department A personal caregiver may assist no more than five (S) qualifying patients at one time. An employee of a hospital provider, nursing, or medical facility may serve as a personal caregiver to more than five (5) qualifying patients as pennitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the· p~~nal mediad use by the q~alifyiog p~tient

Physician means a physician who is -licensed under Chapter 458 or 459. Florida Statutes. Physician certification means a written document signed by a physician, s1ating th;:lt in the. physician's professional opinion, the patient suffers from a debilitating medical CQndition, that the pote.ntial benefits of the medical u~e of marijuana woul~ likely ou.tweigh tne health risks for the patient, and for how long the physici.an recommends the medical use of marijuana for the patient A physician Gertffiqation m~y only be provided after the physiCian has conducted. a physical examination of the patient ·and a full assessment of the patient's medical history. Qualifying patit?nf means .a person who has been diagnosed to have a debi_litating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then ·a valid physician certification will serve as a patient identification card in

Ordinance 17-05 Page 11 of 12 order to allow a person to become a "qualifying patienf' until the Departmenl begins issuing identification cards.

SECTION 4. All ordinances or par:ts of ordinances, in conflict h~rewi.th are .heteb.y repealed to the extent of ~ny eonflict with the Ordin~nce . . SECTION 5. The provisions qf this Ordinance are declared . to be seve~ble, and if any section, sentence, cla~se or ph~se of this Ordinance .shall for any reason be held to be Invalid or unconstitutional; such deci.slon sha~l not .affect-the validity of the remaining sections, sentences, clauses, and phra~es ·Of this Ordinance but they shall remain· In effect, it being the legislative intent that , this Ordinance shsdl stand notwithstanding the invalidity of any part. SECTION 6. This Ordinance is to be iiberally construed to.accomplish its objectives. · SECTION 1. This ordinance shall take effect immediately 4pon adoption.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF DUNEDIN, FLORIDA, THIS 15th day of June, 2017.

Julie Ward Bujalski Mayor

ATIEST:

Oenise M. Kirkpatrick City Clerk

READ FIRST TIME AND PASSED: June 01, 2017

READ SECOND TIME AND ADOPTED: June 15, 2017

Ordinance 17-05 Page 12 of 12 Dunedin Zoning Map

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