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 required the Florida Department of Health ("DOH") to promulgate rules for the implementation of the Act, which were filed on May 28, 2015 and became effective on June 17, 2015.
The Act also requires the DOH to approve five (5) "Dispensing Organizations," one in each of the five established regions in Florida. Administrative Law Judge W. David Watkins ruled on November 14, 2014 in Case No.: 14-429RP that thirteen (13) of the proposed rules developed by DOH were "invalid exercises of delegated legislative authority." Some of the rules stricken addressed the requirements for determining "Dispensing Operations" which operate, grow, process, and disburse low-THC cannabis.
On May 27, 2015, Administrative Law Judge W. David Watkins rendered a 65-page Final Order regarding the rule making process, indicating that the proposed rules "do not constitute an invalid exercise of delegated legislative authority". The DOH is accepting applications for Low THC Cannabis Dispensing Organizations from June 17, 2015 through July 8, 2015. Organizations must meet criteria defined within Chapter 2014-157, Laws of Florida and Chapter 64-4, Florida Administrative Code. Staff is in the process of reviewing the Final Order along with related ordinances from other jurisdictions in order to provide further information to the City Commission. Further, conflict exists between state and federal laws regarding the terms of the Act.
Previously, on January 12, 2015 the City Commission adopted Ordinance 15-02, which placed a six (6) month moratorium on medical marijuana dispensing organizations. Proposed Ordinance 15-08 would provide an extension of Ordinance 15-02, extending for six (6) months the temporary moratorium on all applications for development approval for dispensing organizations/facilities.
On June 22, 2015, the City Commission approved Ordinance 15-08 upon first reading, with a vote of 5-0. | | |