Item Coversheet
Town of Miami Lakes
Memorandum

To:Honorable Chairman and Members of the Local Planning Agency
From:Darby P. Delsalle, AICP, Planning Director
Subject:Medical Marijuana
Date:7/18/2017

Recommendation:

Staff recommends approval of the ordinance banning cannabis dispensaries, medical marijuana treatment facilities, and independent testing laboratories related thereto as provided for by Florida Statute 381.986(11)(b).

Background:

On March 7, 2017, the Town Council adopted a moratorium on the issuance of any development orders pertaining to cannabis dispensaries, medical marijuana treatment facilities, and related independent testing laboratories related thereto. The action was taken in response to the adoption Amendment 2 to the Florida Constitution entitled “Use of Marijuana for Debilitating Medical Conditions.” The amendment expanded upon the legalized usage of low TCH cannabis and medical marijuana, and created new classes of uses to include medical marijuana treatment centers and testing laboratories. These amendments were in addition to prior laws initially adopted in 2014, then expanded in 2016 which provided for the limited use of low TCH cannabis and medical marijuana.

On June 23, 2017, the Governor of the State of Florida signed Senate Bill SB 8-A, affectively amending the Florida Statutes at Section 381.986, “Compassionate use of low-THC and medical cannabis”, which, among other provisions, provided the rules by which local municipalities may regulate such uses covered by both the constitutional amendment and the prior legislation of 2014 and 2016. The State gave cities two options. The first option was to outright ban cannabis dispensaries and medical marijuana treatment centers. The second option was to permit such uses provided they are regulated no differently than pharmacies provided minimum distance separations from educational facilities are included. The attached ordinance is reflected of the “ban” option. A fuller description of the history and recommendation are provided at the attached Staff Analysis and Recommendation Report.

On July 18, 2017, the item was heard by the Planning and Zoning Board acting in their capacity as the Local Planning Agency. Their recommendation was not yet issued at the time of this writing; it will be submitted at the presentation at the time of this first reading.

ATTACHMENTS:
Description
Ordinance
Staff Report