Title
An Ordinance Of The City Of Hollywood, Florida, Creating Chapter 111 Of The Code Of Ordinances Entitled "Medical Marijuana Dispensaries" To Establish Regulations And Guidelines For Such Uses; And Providing For A Repealer Provision, A Severability Clause, And An Effective Date. (14-T-74)
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
The November 4, 2014 ballot includes, voters of the State of Florida, voting on legalizing additional strains of MEDICAL marijuana. This legislation is known as Amendment 2.
In a September 2, 2014 article, The Daytona Beach News-Journal states, "A Quinnipiac Poll found 88 percent of state residents favor allowing the medical use of marijuana - up from 82 percent in December". However, in an October 8, 2014 Sunshine State news article "WFLA and Survey USA released a poll of likely voters which shows only 51 percent" support Amendment 2. The proposed legislation requires 60 percent majority vote to pass.
In order to ensure the City is positioned appropriately, by having local regulations (and future State Laws not supersede this proposal), should Amendment 2 pass the Police Department, City Attorney's Office and Planning Department have collaboratively prepared the attached Ordinance.
ONLY if Amendment 2 is passed by Florida voters, should the City Commission consider the proposed Ordinance to regulate medical marijuana. Should Amendment 2 fail, Staff will request withdrawal of this request.
BACKGROUND
As of today, 23 states have legalized several strains of MEDICAL marijuana and two states (Washington and Colorado) have legalized limited RECREATIONAL use of marijuana (Attachment A). Already signed into legislation in Florida, Senate Bill 1030 allows doctors to begin prescribing Charlotte's Web to patients for treating certain medical conditions, such as epilepsy. Currently, this is the only strain of marijuana ALREADY legal in Florida.
Charlotte's Web has a low THC and can be used as an oil or vapor. The primary difference between Amendment 2 and Charlotte's Web is the allowance of higher levels of THC and treatment for additional medical conditions.
The Department of Health (DOH) is continuing to meet to develop regulations for the January 2015 implementation of Charlotte's Web. At this time, it is anticipated DOH would have until July 2015 to establish regulations for retailing and identification cards for patients with an October 2015 start date.
It is anticipated, the regulations currently being developed by the DOH for Charlotte's Web will be the minimum regulations utilized for Amendment 2; similar to the rules for beer/wine licenses and the more intense liquor licenses. Should Amendment 2 be approved, by the voters, essentially two components will need to be regulated (similar to Charlotte's Web); farming and selling.
Currently, farming is of lesser concern to local governments, as the State is proposing strict regulations, such as limiting the number of farms to approximately five in the State and that the farm has to have been in existence for approximately 30 years. However, at this time, the State's oversight of retailing medical marijuana appears to be less precise and as a result some cities and counties throughout the State have adopted regulations.
Overall, there has been some apprehension of the pending legislation of Amendment 2 in Florida, which will legalize additional strains of an analgesic-marijuana; even though, at this time marijuana is ONLY to be used for medical treatment and NOT recreation. Keep in mind, Charlotte's Web is already legal in Florida, but not yet available via retail. This apprehension to legalizing marijuana stems from potential impacts these retail businesses may have on surrounding properties. As a result, some local governments, throughout the state have adopted regulations ahead of the November vote. Local governments have chosen to do so to ensure rules and regulations are in place, should this legislation pass and should the state provide broad regulations where cities may desire different rules to regulate these types of businesses. Attachment A includes a list, put together by Brevard County, identifying local governments which have adopted regulations for medical marijuana.
It is possible the Legislature may address several aspects of these businesses in the future, however as of the writing of this report Broward County has not yet considered implementing regulations and the DOH is continuously meeting on creating regulations for Charlotte's Web; which is anticipated to be the basis for regulating Amendment 2 (Attachment B is the most recent draft of the proposed DOH rules). However, in order to ensure adequate rules are in place, local governments are risking adopting regulations, not knowing if Amendment 2 passes and it future State Laws (DOH) will supersede or not.
REQUEST
With increasing property values and changing medical trends it's important to ensure appropriate distribution of various uses throughout the City, while also providing certain safe guards to ensure health, safety and welfare for Hollywood residents and visitors. To ensure local laws are in place, should the pending legislation regarding medical marijuana pass, the City wants to ensure local laws are in effect at that time. As such, proposed are definitions, distance separations, permitted zoning districts and development standards (See Attachment Ordinance for specific regulations):
Definitions
Definitions provided for marijuana and medical marijuana dispensary.
Distance Separation
Requirements from other uses such as, but not limited to other medical marijuana dispensaries, schools, places of worship, parks.
Permitted Zoning Districts
Medical Marijuana shall be permitted with a Special Exception in the two following IM Industrial and Manufacturing Districts (Attachment C):
• IM-1 Low Intensity Industrial and Manufacturing District located west of Interstate-95, east of the CSX Railroad, north of Sheridan Street and south of Stirling Road; and
• IM-3 Medium Intensity Industrial and Manufacturing District located west of Interstate 95, east of State Road Seven, north of Griffin Road and south of Interstate-595.
Development Standards
Development Standards to ensure the appropriate placement and development of medical marijuana dispensaries, including:
• Provide adequate parking, queuing, and security;
• Limit hours of operation;
• Prohibition for on-site consumption and loitering;
• Prohibition for outdoor displays; the sale of marijuana and/or paraphernalia via drive-thru facilities, vending machines, and delivery services;
• Restrict association with other uses and activities such as Social Service Facilities, Pharmacies and schools; and
• Ensure compliance with federal, state and local laws and provide for the ability for revocation of Special Exception.
Attachment A: Application Package
Attachment B: Department of Heatlh Proposed Rules
Attachment C: Zoning Map
Recommended for inclusion on the agenda by:
Cathy Swanson-Rivenbark, AICP, CEcD, City Manager
Wazir Ishmael, Ph.D., Assistant City Manager for Sustainable Development
Jaye M. Epstein, AICP, Director, Planning