Section 381.986, Florida Statutes, established requirements for medical marijuana treatment centers. Amendment 2 to the Florida Constitution, which became effective on January 3, 2017, expanded the types of medical conditions for which licensed physicians may order medical marijuana as a treatment. 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.
Senate Bill 8-A preempts regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers to the State, with few exceptions. Specifically, 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 under very limited conditions. Ordinances that allow dispensing facilities may not be more restrictive than the local governments' ordinances for permitting and providing for the location of pharmacies.
The proposed Ordinance creates a Medical Marijuana Advisory Board ("MMAB") that would advise the Board of County Commissioners ("Board") on all matters and regulations related to medical marijuana, including any proposed regulations implementing Senate Bill 8-A. Membership on the MMAB would consist of 11 members to be appointed by the Board, representing the medical marijuana industry, the Broward County educational system, the Broward Sheriff's Office, the hospital districts, the economic and development community, and the State of Florida Department of Health, Broward County.
The Office of the County Attorney is recommending that the proposed Ordinance be approved with an amendment to page one, line 23, as set out in Exhibit 2, clarifying that each County Commissioner is to appoint one member to the MMAB from one of the categories listed above and in the proposed Ordinance. |