On December 6, 2016, the Board of County Commissioners ("Board") directed the Office of the County Attorney to draft an Ordinance amending the Broward County Zoning Code to add new provisions regulating medical marijuana cultivation, processing, and dispensing. On March 14, 2017, the Board held the first of two public hearings on a proposed Ordinance regulating medical marijuana. At the conclusion of the public hearing, the Board voted to continue consideration of the Ordinance until
May 9, 2017, in order to determine whether any additional regulations related to medical marijuana would be approved by the Florida Legislature. On May 9, 2017, the Board continued consideration of the proposed Ordinance until August 15, 2017, to allow the Department of Health to conclude its rulemaking regarding medical marijuana treatment centers.
Chapter 2017-232, Laws of Florida ("Medical Marijuana Bill"), was enacted during the Florida Legislature's 2017 Special Session, amending Section 381.986, Florida Statutes, in order to implement Amendment 2 related to medical marijuana. The Medical Marijuana Bill preempts to the State regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers, with few exceptions. Local governments may enact Ordinances that either ban medical marijuana dispensing facilities or that provide for the location of medical marijuana dispensing facilities. Ordinances that provide for dispensing facilities, however, may not be more restrictive than a local government's Ordinance for permitting and providing for the location of pharmacies.
On August 22, 2017, the Board held its continued public hearing on the proposed Ordinance. The proposed Ordinance, however, was drafted prior to the enactment of the Medical Marijuana Bill and would have imposed regulations on medical marijuana treatment centers contrary to the express preemption of the Medical Marijuana Bill. Accordingly, the Board withdrew the agenda item in order to allow staff time to propose alternate regulations consistent with the Medical Marijuana Bill.
On September 26, 2017, the Environmental Protection and Growth Management Department placed an item on the Board agenda to discuss regulations for the location of medical marijuana facilities in unincorporated Broward County. Following discussion, the Board directed that an Ordinance be drafted providing for the location of medical marijuana dispensing facilities in locations similar to those of pharmacies.
Consistent with the Medical Marijuana Bill and current Zoning Code requirements for pharmacies, the proposed Ordinance provides for the location of Medical Marijuana Treatment Center-Dispensing Facilities as a permitted use on properties with a B-1, B-2, B-3, or B-4 zoning classification. The proposed Ordinance mirrors the language of the Medical Marijuana Bill to prohibit Medical Marijuana Treatment Center-Dispensing Facilities within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, unless approved by the Board after a quasi-judicial public hearing at which the Board determines that the location promotes the public health, safety, and general welfare of the community. Current Zoning Code provisions regarding County Commission public hearings are also amended by the proposed Ordinance to establish a process for the Board to consider applications for the location of Medical Marijuana Treatment Center-Dispensing Facilities within 500 feet of a school.
The Environmental Protection and Growth Management Department, as the local planning agency for the elements of the Broward County Comprehensive Plan for the unincorporated area, held its public hearing on December 21, 2017, at which time it recommended that the proposed Ordinance is consistent with the adopted Broward County Comprehensive Plan.
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