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