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. | | |