Ord 27-16ORDINANCE NO. 27-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IMPOSING A TEMPORARY
MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA
TREATMENT CENTERS AND DISPENSING ORGANIZATIONS
WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 8, 2016, Florida voters will consider an amendment to the Florida
Constitution entitled "Use of Marijuana for Debilitating Medical Conditions" ("Amendment 2"); and
WHEREAS, if approved by Florida voters, Amendment 2 would legalize the medically certified use of
marijuana throughout the State of Florida and authorize the cultivation, processing, distribution, and sale of
marijuana, and related activities, by licensed "Medical Marijuana Treatment Centers;" and
WHEREAS, in 2014, the Florida Legislature enacted a separate but significantly more narrow medical
marijuana law, the "Compassionate Medical Cannabis Act of 2014," codified in Section 381.986, Florida Statutes,
which authorizes a limited number of nurseries to cultivate, process, and dispense low -THC cannabis to
qualified patients and operate as "dispensing organizations;" and
WHEREAS, on March 25, 2016, the Florida Legislature amended numerous provisions of Section
381.986, Florida Statutes and provided additional regulation of the Department of Health with regard to
medical cannabis.
WHEREAS, Chapter 64-4 "Compassionate Use" of the Florida Administrative Code has been enacted
to regulate the Department of Health with regard to the requirements for dispensing organizations, including
procedures for application, review, approval, inspection, and authorization of dispensing organizations, and the
Department of Health has commenced its application and review process; and
WHEREAS, due to the historical prohibition of marijuana, the City of Delray Beach does not currently
have any land development regulations governing the use of real property for the purposes of cultivating,
processing, distributing, or selling marijuana, or related activities, and such uses are not permissible within the
City; and
WHEREAS, in order to promote effective land use planning if Amendment 2 passes, or if a dispensing
organization, as authorized under the Compassionate Medical Cannabis Act of 2014, should seek to operate
within the City, the City Commission wishes to preserve the status quo while researching, studying, and
analyzing the potential impact of Medical Marijuana Treatment Centers and dispensing organizations upon
adjacent uses and the surrounding area, the effect of Medical Marijuana Treatment Centers and dispensing
organizations on traffic, congestion, surrounding property values, demand for City services, and other aspects
of the general welfare; and
WHEREAS, the City Commission finds that a temporary moratorium on the operation of Medical
Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to
determine what uses are best -suited to particular zoning categories and how best to formulate land
development regulations that appropriately govern the use of real property for purposes of cultivating,
processing, distributing, or selling marijuana, or related activities; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals above are true and correct and are 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 of Medical Marijuana
Treatment Centers and dispensing organizations within the corporate limits of the City of Delray Beach,
Florida. While the temporary moratorium is in effect, the City shall not accept, process, or approve any
application relating to the operation of a Medical Marijuana Treatment Center or dispensing organization.
Nothing in the temporary moratorium shall be construed so as to prohibit the medical use of marijuana or low -
THC cannabis by a qualifying patient as determined by a licensed Florida physician, pursuant to Amendment 2
(if enacted), Fla. Stat. § 381.986, or other Florida law.
Section 3. For purposes of the temporary moratorium, the term "Medical Marijuana Treatment
Center" means an entity that acquires, cultivates, possesses, processes (including development of related
products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying
patients or their professional caregivers, and is registered by the Florida Department of Health. The term
"dispensing organization" means an organization approved by the Florida Department of Health to cultivate,
process, and dispense low -THC cannabis pursuant to Fla. Stat. � 381.986.
Section 4. This ordinance shall take effect immediately upon adoption. The temporary
moratorium shall terminate one (1) year from the effective date of this ordinance, unless the City Commission
rescinds or extends the moratorium by subsequent ordinance. In the event that Amendment 2 is not approved
by Florida voters on November 8, 2016, the temporary moratorium on the operation of Medical Marijuana
Treatment Centers shall terminate immediately, but the temporary moratorium on the operation of dispensing
organizations shallremain in effect in accordance with this section.
Section 5. If any section, subsection, clause, or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2 Ord No. 27-16
PASSED AND ADOPTED in regular session on second and final reading on this the 8f day of
September, 2016.
ATTEST:
City Clerk
First Reading: August 23, 2016
Second Reading: September 8, 2016
MAYOR
3 Ord No. 27-16