Ord 33-14 i
ORDINANCE NO. 33--14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, EvIPOSING A TEMPORARY
MORi1TORIU-I\I ONT THE OPERATION OF .MEDICAL MAR.IJLTANA
TREATMENT CENT1?RS AND DISPENSING ORGANIZATIONS
WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDIN
FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Noveinber 4, 2014, Florida voters will consider an end nt to"TRXWorida
Constitution entitled"Use of Marijuan t for Certam Medical Conditions" ("Ame ndine t 2");
WHEREAS, if approved by Florida voters, Amezndmernt 2 would galiz pally rdfied use of
n arijuana throughout the State of Florida and authorize the cult-A-aa ess bution, and sale of
marijuana, and related activities,by licensed"tiledical Treatment Centers;" an
WHEREAS, the Florida Legislature recently enacted a sep t significantly more narrow i nedical
marijuana law, the "Connpassiotiate Medical Cannabis Act of 201 " w orizes a limited number of
nurseries to cultivate, process, and dispense low-THC ca is to qu ed pa nts and operate as "dispensing
Organizations;" and
WHEREAS, due to the historical prohibition o ity of Delray Beach does not currently
have any land development regulations gov us real property for the purposes of cultivating,
processing, distributing, or selling marijua of relate tivi and such uses are not perrnlissible within the
City; and
WHEREAS,in order to -otnot ectiv se planning if Amcnolment 2 passes, or if a dispensing
organization should seek to o e witl c Ci ae City Cormnission wishes to preserve the status quo
while researching stud�ring d g t1i ntial unnpact of Medical Marijuana Treatment Centers .and
dispensing orgailization" -n 'dja uses nd the surrounding area, the effect of Medical Marijuana
Treatment Centers m r using orga .ons on traffic, congestion, surrounding property values, demand
for City services, a -et a, is of the eneral welfare;and
WH AS, CitT Cori Ission finds that a temporary moratorium on the operation of Medical
Marijuana Ttea ent C rs and dispensing organizations will allow the City a sufficient period of dune to
deter at ses are t-suited to particular zoning categories and hmv best to formulate land
deve pme i ons t at appropriately govern the use of real property fot purposes of c:dtivatvig,
pt , or scllitng marijuana, or related activities; and
NO EREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELaRAY BEACTd, FLORIDA,AS FOLLOWS:
I
i
Section 1. The recitals above are true and correct and arc incorporated into the findings of this
Resolution as if set forth in full herein.
Section 2. A temporary moratorium is hereby imposed on the operation o£ Medical
Marijuana Treattnent Centers and dispensing organizations within the corporate limits of do City of
Delray Beach, Florida. VAhile the teinporar-, inoratoriLUn is in effect, t11e City shall not acce , -oceSS,
ne operation of a Medical Marijuana Treatment Cen or
or approve any application relating to ti
dispensing organization. Nothing in the temporary inoratotiuin shall be construed so
medical use of marijuana or low-THC cannabis by a qualifying patient as deter .ed a c
Florida physician,pursuant to Amendment 2, Fla. Stat. § 381.986, or other Florida aw.
Section 3. For purposes of the tetnpotary moratorium, th te1: e al Ma Juana
Treatment Center" means an entity that accluures, cultivates, p s, l 0 (including
development of related products such as food, tinctures, aerosols, oils, eats , transfers,
transports, sells, distributes, dispenses, or achninistets matijuarna, ' .ducts contain tt arijuana, related
supplies, of educational materials to qualifying patients or their pro 1 categivers, and is registered
by the Florida Depattnaent of health. The tenn "dispensing of niz ans an organization
approved by the Florida Department of Health to cultiv process, disp se lots-THC car-aaabis
pursuant to Fla. Stat. � 381.9M.
Section 4. This ordinance sha11 take effc.c on adoption. The temporary
moratorium shall terminate one (1) Y ear fro ec date o this ordinance, unless the City
Cotmmnission rescinds or extends the atorium sub. ent ordinance. In the event that
Amendment 2 is riot approved by Fiori -s on No nb 4, 2014, the temporary moratorium on
the operation of!Medical Marijuana tmen raters s ll terminate inu-nediately, but the temporary
moratorium on the operation of 'seen orga o shall terrain in effect in accordance with tl- s
section.
Section 5. Tf secdo bsectio , clause, or provision of this ordinance is held invalid,
the remainder shall no ected by s . vahciityr.
PASSED D ADO in regular session on second and f--ial reading on this the day of
2014.
AT'T IVI A Y O R
City Cletk
First Reading 11%04/2014
Second Reading
-
2
ORD. NO.. 33=14
Coversheet Page 1 of 2
(The City Attorney requested that this item be withdrawn from the agenda as a result of the failure to approve the Amendment No. 2,
Medical Marijuana Referendum on November 4, 2014).
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: November 10, 2014
SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014
ORDINANCE NO.33-14(FIRST READING/FIRST PUBLIC HEARING)
BACKGROUND
The purpose of this ordinance is to provide the City adequate time to craft meaningful regulation to
properly study and consider the myriad of unknown effects that will result from; (i) the recently
legalized use, production, and distribution of medical marijuana for compassionate use, and (ii) the
potential impacts of the proposed November 2014 constitutional amendment which provides for the
legalization of medical marijuana.
During the 2014 legislative session, the Florida Legislature enacted the "Compassionate Medical
Cannabis Act of 2014," which authorizes a limited number of approved nurseries in the State of Florida
to cultivate, process, and dispense low-THC cannabis to qualified patients, and operate as "dispensing
organizations" as approved by the Florida Department of Health. The Act was codified in Section
381.986, Florida Statutes.
Similarly, on November 4, 2014, Florida voters considered an amendment to the Florida Constitution
entitled "Use of Marijuana for Certain Medical Conditions," otherwise referred to as "Amendment 2."
Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida,
and would further authorize the cultivation, processing, distribution, and sale of marijuana by "Medical
Treatment Centers"licensed by the Florida Department of Health.
Both Amendment 2, if passed, and the Compassionate Medical Cannabis Act of 2014 permit land to be
used in a way that has historically been prohibited under Florida law. Accordingly, the City currently
has no land development regulations governing the use of real property for the purposes of cultivating,
processing, distributing, or selling marijuana. This ordinance imposes a one year temporary moratorium
on the operation of Medical Treatment Centers and dispensing organizations, as those terms are defined
in the ordinance. During the moratorium the City will not accept, process, or approve any application
relating to the operation of a Medical Treatment Center or a dispensing organization. The stated
purpose of the moratorium is to allow the City a sufficient period of time to review and determine what
zoning and land development regulations would be appropriate to govern the use of real property as
authorized by Amendment 2 and the Compassionate Medical Cannabis Act of 2014.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8606&MeetingID=538 12/9/2014
Coversheet Page 2 of 2
LEGAL DEPARTMENT REVIEW
The City Attorney approves Ordinance No. 33-14 as to form.
RECOMMENDATION
City Commission discretion.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8606&MeetingID=538 12/9/2014
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS BY IMPOSING A
TEMPORARY MORATORIUM ON THE
OPERATION OF MEDICAL MARIJUANA
TREATMENT CENTERS AND DISPENSING
ORGANIZATIONS WITHIN THE CITY OF
. DELRAY BEACH FOR A PERIOD OF ONE
Z
(1)YEAR FROM THE DATE OF ADOPTION
OF THIS ORDINANCE
N The City Commission of the City of Delray Beach, Florida, proposes to adopt the
N following ordinance:
m
0
ORDINANCE NO. 33-14
AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF DELRAY BEACH,
'o FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION
0 OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING
0
2 ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR;
E PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
0
u
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Ln Hearing will be held on TUESDAY. NOVEMBER 4. 2014, AT 700 P.M. in the
c
O Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
m
If the proposed ordinance is passed on first reading, a second Public Hearing will
C
be held on TUESDAY,NOVEMBER 18, 2014 AT 7:00 P.M.(or at any continuation
i of such meeting which is set by the Commission) in the Commission Chambers at
� City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
N
- All interested citizens are invited to attend the public hearings and comment
m upon the proposed ordinance or submit their comments in writing on or
before the date of these hearings to the City Attorney's office. For further
information or to obtain a copy of the proposed ordinance, please contact the
City Attorney's office, 200 N.W. _1st Avenue, Delray Beach, Florida 33444
(email at cityattorney@mydeiraybeach.com) or by calling 5611243-7091), between
the hours of 8:00 a.m.and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECTTO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY,NEED TO ENSURE
THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD PURSUANT TO F.S.286.0105.
CITY OF DELRAY BEACH
Chevelle D.Nubin, MMC
City Clerk
PUBLISH:Monday, October 27,2014
Wednesday, November 12, 2014