Item Coversheet
Commission Agenda Item
 

MEETING DATE:  1/12/2015

SUBJECT:  Second Reading of Ordinance 15-02 Moratorium on Medical Marijuana Dispensing Organizations

PREPARED BY:  Kathy Winburn, AICP, Planning & Community Development Director

RECOMMENDED ACTION:

Adopt Ordinance 15-02 on second reading

 

Summary

On June 16, 2014, Senate Bill 1030, "Compassionate Medical Cannabis Act of 2014" ("Act") relating to the medical use of low-THC cannabis was adopted as Chapter 2014-157, Laws of Florida. The Act requires the Florida Department of Health ("DOH") to promulgate rules for the implementation of the Act.

 

The Act requires the DOH to approve five (5) "Dispensing Organizations", one in each of the five established regions in Florida. The DOH is in the process of drafting rules (Rule 64-4, Florida Administrative Code) to enact the Act; however, Administrative Law Judge W. David Watkins ruled on November 14, 2014 in Case No.: 14-4296RP that thirteen (13) of the proposed rules developed by DOH  are "invalid exercises of delegated legislative authority." Some of the rules stricken address the requirements for determining "Dispensing Organizations" which operate, grow, process, and disburse low-THC Cannabis. Currently, no "Dispensing Organizations" can be approved by DOH until the final rule is adopted. Further, conflicts exist between state and federal laws regarding the terms of the Act.

 

In light of the uncertainty of the abovementioned issues, staff recommends a six (6) month moratorium to provide an opportunity to determine the proper local regulation of this use.

 

On December 8, 2014, the City Commission voted to approve Ordinance 15-02 on first reading.

 
FINANCIAL IMPACT: No
BUDGETED: No
 
ATTACHMENTS:
Description
Ordinance 15-02 (Dispensing Organization Moratorium)
SB 1030 (The Compassionate Medical Cannabis Act or 2014)
Draft Rule 64-4 (8-14-14)
Gainesville Sun Ad (11-26-14)
Gainesville Sun Ad (12/29/14)
Ordinance 15-02 SIGNED