Broward County Commission Regular Meeting

MOTION TO DIRECT Office of the County Attorney to draft an ordinance establishing a 180 day moratorium on the issuance of permits within the Broward Municipal Services District for the establishment of medical marijuana treatment center dispensing facilities, as defined by Section 381.986, Florida Statutes. (Commissioner Holness)

ACTION:  (T-12:03 PM)  Following public comments and Board discussion, the motion failed.  (Refer to minutes for full discussion)

VOTE: 3-5.  Commissioners Geller, Rich, Sharief, Udine and Mayor Furr voted no.  Vice-Mayor Bogen was not present.

Pursuant to Section 18.5(e) of the Broward County Administrative Code, the subject matter of a proposed ordinance must be considered by the Board prior to the drafting of the proposed ordinance.

Provides required direction to the Office of the County Attorney.

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 pre-empts to the State regulation of cultivation, processing, and delivery of marijuana by Medical Marijuana Treatment Centers ("MMTCs"), with few exceptions. Local governments may enact ordinances that either ban MMTC dispensing facilities or that provide for the location of MMTC 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.

In order to determine whether to ban MMTC dispensing facilities or regulate them consistent with requirements for pharmacies, additional time is needed to review current regulations for pharmacies and research, study, and analyze the potential impact of MMTC dispensing facilities upon adjacent uses and surrounding areas, including traffic, congestion, surrounding property values, demand for County services, and other aspects of general welfare. A temporary moratorium for 180 days on the issuance of permits for the establishment of MMTC dispensing facilities would allow the Board of County Commissioners a sufficient period of time to determine whether MMTC dispensing facilities should be banned in the Broward Municipal Services District ("BMSD") or regulated consistent with pharmacies.

The proposed amendment would provide the Office of the County Attorney with direction to draft an ordinance establishing a temporary moratorium for 180 days on the issuance of permits for the establishment of MMTC dispensing facilities in the BMSD.