Broward County Commission Regular Meeting

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows (this is a second continuation of the first of two public hearings): (Continued from May 9, 2017 - Item No. 32)

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MEDICAL MARIJUANA FACILITIES; AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING PROCESS FOR ISSUANCE OF ALL CONDITIONAL USE PERMITS; ESTABLISHING REQUIREMENTS FOR MEDICAL MARIJUANA DISPENSING ORGANIZATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

 

(Sponsored by the Board of County Commissioners)
 

ACTION:  (T-11:51 AM)  Without objection, this item was withdrawn.  (Refer to minutes for full discussion.)  (See Purple-Sheeted Additional Material, dated Tuesday, August 22, 2017, submitted at the request of the Environmental Protection and Growth Management Department.)
 
VOTE: 9-0.

The first public hearing to consider enactment of the Ordinance was deferred to May 9, 2017, and August 15, 2017, by the Board of County Commissioners at its meetings of March 14, 2017, and May 9, 2017, respectively.

Amends the Zoning Code to provide requirements for the establishment of medical marijuana dispensing organizations as a conditional use and creates a process for the issuance of all conditional use permits.

This item is respectfully requested to be withdrawn.

On March 14, 2017, the Board of County Commissioners (Board) considered Item Number 74, which was the first of two public hearings to consider an Ordinance amending Chapter 39 of the Broward County Code of Ordinances related to zoning regulation of medical marijuana treatment centers. At the conclusion of the public hearing, the Board approved a motion deferring the item until the meeting of May 9, 2017, in order to determine what additional regulations, if any, would be approved by the Florida Legislature.

On May 9, 2017, the Board considered Item Number 32, which was the continuation of the first public hearing for the Ordinance. At the conclusion of the public hearing, the Board approved a motion deferring the item until the meeting of August 15, 2017, to allow the Department of Health to conclude its rulemaking regarding medical marijuana treatment centers.

During the Florida Legislature's 2017 Special Session, Senate Bill 8-A was passed, which amended Section 381.986, Florida Statutes, in order to implement Amendment 2 related to medical marijuana. Senate Bill 8-A preempts regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers to the State, with few exceptions. Senate Bill 8-A allows local governments to enact ordinances that either ban medical marijuana dispensing facilities or that provide for the permitting and location of medical marijuana dispensing facilities. Ordinances that provide for dispensing facilities, however, may not be more restrictive than the local governments' ordinances for permitting and providing for the location of pharmacies.

The proposed Ordinance, which was drafted prior to the passage of Senate Bill 8-A, would impose regulations on medical marijuana treatment centers, contrary to the express preemption of Senate Bill 8-A. It is requested that this item be withdrawn in order to allow Broward County staff time to propose alternate regulations, consistent with Senate Bill 8-A, for consideration by the Board.

Maite Azcoitia, Deputy County Attorney, 954-357-7600