Summary:
Recent state law (Senate Bill 8-A) restricts local governments’ ability to reasonably regulate medical marijuana dispensaries.
The new law requires that local governments regulate dispensaries the same as pharmacies with no cap on total numbers: it restricts local governments from having spacing requirements between dispensaries to prevent concentration, and/or distance separations from churches, parks, residential uses, or any other sensitive use. The only requirement is a uniform 500-ft separation from schools across the state (Orlando had a 1000-ft separation until the state removed that ability).
However, the new state law does allow local governments the ability to prohibit dispensaries.
Although the City is supportive of medical marijuana dispensaries, the state has taken away our ability to reasonably regulate this land use within our City – a use which has relatively unknown land use impacts. The City previously passed a balanced ordinance by allowing these uses in commercial retail areas, while proposing provisions that protected neighborhoods and other sensitive uses - an ordinance that has been negated by new state law.
Therefore, is it proposed that the City prohibit new medical marijuana dispensaries. Dispensaries operating or already within the permit process prior to today may be potentially grandfathered and allowed to continue.
Since this ordinance restricts a particular use, two hearings are required, where one of the hearings occurs after 5:00 pm. However, the Council may vote by a majority plus one to hear one of the hearing prior to 5:00 pm; therefore, staff recommends a separate vote by the City Council to hear this item prior to 5:00 pm at the next regularly scheduled City Council meeting (July 24).
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