8995-17ORDINANCE NO. 8995-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON
THE OPERATION OF ANY ADDITIONAL "DISPENSING
ORGANIZATIONS" THAT DISPENSE "LOW -THC
CANNABIS" OR "MEDICAL CANNABIS" OR ON THE
OPERATION OF "MEDICAL MARIJUANA TREATMENT
CENTERS" WITHIN THE CITY FOR A PERIOD OF SIX (6)
MONTHS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 8, 2016, Florida voters approved an amendment to the
Florida Constitution, titled "Use of Marijuana for Debilitating Medical Conditions"
( "Amendment 2 "); and
WHEREAS, Amendment 2, which has an effective date of January 3, 2017, has
legalized under state law throughout the State of Florida the medical use of cannabis for a
"Debilitating Medical Condition," which is defined to mean "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 enumerated,
and for which a physician believes that the medical use of marijuana would likely
outweigh the potential health risks for a patient "; and
WHEREAS, Amendment 2 has legalized under state law throughout the State of
Florida the operation of a "Medical Marijuana Treatment Center" ( "MMTC "), which is
defined to mean "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 marijuana, products
containing marijuana, related supplies, or educational materials to qualifying patients or
their caregivers and is registered by the Department [of Health] "; and
WHEREAS, Amendment 2 requires the Florida Department of Health to adopt
specified regulations pertaining to MMTCs within 6 months from the effective date of the
amendment, such as procedures for the registration of MMTCs that include procedures
pertaining to the issuance, renewal, suspension and revocation of registration, and
standards ensuring proper security, record keeping, testing, labeling, inspection, and
safety, as well as regulations defining the amount of marijuana that could reasonably be
presumed to be an adequate supply for qualifying patients' medical use, based on the
best available evidence; and
WHEREAS, Amendment 2 authorizes the Florida legislature to enact laws
consistent with the Department of Health's constitutional duties; and
Ordinance No. 8995 -17
WHEREAS, on June 16, 2014, Governor Rick Scott signed Senate Bill 1030, also
known as the "Compassionate Medical Cannabis Act of 2014," which created Section
381.986, Florida Statutes, resulting in the legalization of the cultivation, processing, and
dispensing of low - tetrahydrocannabinol (THC) cannabis, such as the strain called
"Charlotte's Web," by "Dispensing Organizations" for medical patients suffering from
cancer or "a physical medical condition that chronically produces symptoms of
seizures," such as epilepsy, "or severe and persistent muscle spasms" (the measure
became effective on January 1, 2015); and
WHEREAS, on March 25, 2016, the Florida Legislature amended Section
381.986, Florida Statutes, to make various revisions, including a revision to the
definition of "dispensing organizations" to allow dispensing organizations to transport
cannabis, a revision allowing the use of "medical cannabis" for eligible patients with
terminal conditions, and a revision allowing municipalities to determine by ordinance 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 such "dispensing
organizations" located within its municipal boundaries; and
WHEREAS, Rule 64- 4.002(2)(c)3., Florida Administrative Code, adopted by the
Florida Department of Health, includes "the ability to obtain zoning approval" as a factor
that the Florida Department of Health currently considers when reviewing an application
submitted by those seeking to operate as a "Dispensing Organization" pursuant to
Section 381.986, Florida Statutes; and
WHEREAS, the dispensing of cannabis is currently illegal under federal law,
and cannabis remains a Schedule I drug under federal law; and
WHEREAS, due to the historical prohibition of cannabis, the City of Clearwater
does not currently have any land development regulations governing the use of real
property for purposes of cultivating, processing, distributing or selling cannabis or related
activities; 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, 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, future constitutional amendments and legislation may
further expand the legal use of cannabis in Florida; and
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WHEREAS, in order to promote effective land use planning, the City Council
wishes to preserve the status quo while awaiting the promulgation of regulations by the
Florida Department of Health and the possible adoption of laws by the Florida legislature
pertaining to MMTCs and while also affording the City of Clearwater an opportunity to
research, study and analyze the potential impact of MMTCs and "Dispensing
Organizations" upon adjacent uses and the surrounding area and the effect of MMTCs
and "Dispensing Organizations" on the general welfare; and
WHEREAS, the City Council finds that a temporary moratorium on the operation of
MMTCs or the operation of any additional "Dispensing Organizations" will allow the City of
Clearwater 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 marijuana or for related activities; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. A temporary moratorium is hereby imposed on the operation of "Medical
Marijuana Treatment Centers" or the operation of any additional dispensing facilities of
"Dispensing Organizations" within the corporate limits of the City of Clearwater.
Section 2. For purposes of the temporary moratorium, a "Medical Marijuana
Treatment Center" means an entity, as defined in Amendment 2, 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 marijuana, products containing marijuana, related supplies to qualifying
patients or their caregivers. "Dispensing organization" means an organization approved by
or seeking approval from the Florida Department of Health to dispense low -THC cannabis
and medical cannabis pursuant to Section 381.986, Florida Statutes.
Section 3. This ordinance shall take effect immediately upon adoption. The
temporary moratorium shall terminate six (6) months from January 3, 2017, the effective
date of Amendment 2, unless the City Council rescinds or extends the moratorium by
subsequent ordinance.
Section 4. During the period of this moratorium, the City shall not process or
issue any comprehensive plan amendments, rezonings, development approvals,
development orders, building permits, or other related permits, nor shall it process
applications concerning such matters.
Section 5. Nothing in this temporary moratorium shall be construed to prohibit the
medical use of cannabis or low -THC cannabis by a qualifying patient, as determined by a
licensed Florida physician, or delivery of cannabis in compliance with Florida law.
3 Ordinance No. 8995 -17
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
roved as to for
9g
Robert : Surette
AssistaritiCity Attorney
JAN 1 9 2017
FEB 2 - 2017
- c(oIL crc P°f
George N. Cretekos
Mayor
'Rosemarie CaII
City Clerk
4 Ordinance No. 8995 -17