Title
Medical Marijuana Retail Facilities (NB)
Explanation
In 2014, the Florida Legislature adopted SB 1030 (codified at ยง381.986, F.S.), which for the first time in Florida allows and regulates the cultivation, processing, and dispensing of medical marijuana consisting of a low-THC cannabis known as "Charlotte's Web." Under the statute, the Florida Department of Health (DOH) is tasked with formulating rules to implement the Charlotte's Web law. To date, the DOH rules have been subject to a number of legal challenges and revisions. The latest version of the DOH rules are currently being challenged and, if the rules survive the challenge, will most likely become effective sometime in May or June. In addition and in response to the DOH rule-making process and associated delay, SB 7066 has been introduced in this 2015 session of the Florida Legislature. If adopted, SB 7066 will revise and add numerous provisions to the Charlotte's Web law, including making the law self-executing to avoid the rule-making process, and will become effective in May or June.
Because the cultivation, processing, and dispensing of medical marijuana is new to the State of Florida, such land uses are currently not allowed in the City of Gainesville. Whether the Charlotte's Web statute is implemented by the DOH rules or SB 7066, the City will need to determine applicable zoning regulations for low-THC "Charlotte's Web" medical marijuana retail facilities that operate in accordance with state law, including the allowable number, location, and all other use and permitting requirements.
Fiscal Note
None
Recommendation
The City Commission direct the Planning and Development Services Department to initiate a petition to amend the Land Development Code to allow and provide regulations for low-THC "Charlotte's Web" medical marijuana retail facilities that operate in accordance with state law.