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Home My WebLink About2017 05 08 Public Hearings 400 Ordinance 2017-10, First Reading, Extension of the Moratorium regaring Medical Marijuana COMMISSION AGENDA Informational Consent ITEM 400 public Hearings X Regular May 08, 2017 KS Regular Meeting City Manager Department REQUEST: The Office of the City Attorney requests that the City Commission hold a Public Hearing to consider an ordinance to extend, for an additional 270 days, the existing temporary moratorium on medical cannabis activities within the City of Winter Springs. SYNOPSIS: On October 10, 2016, the City Commission adopted a temporary moratorium prohibiting any and all medical cannabis activities within the jurisdictional limits of the City of Winter Springs during the moratorium period. In conjunction with the moratorium, the City Commission directed City staff to develop proposed land development regulations and other recommendations regarding such cannabis related activities. After evaluating the issues presented by the moratorium, the City Attorney's office and City staff conducted an evaluation of many of the unique issues faced by municipalities regarding the potential impacts of medical cannabis activities on communities. The current temporary moratorium ordinance is set to expire on July 7, 2017. The City Commission at its April 24, 2017 meeting provided initial feedback regarding its preferences for medical marijuana activities in the City of Winter Springs and requested that an ordinance be prepared for the Land Planning Agency's consideration extending the current temporary moratorium for an additional 270 days given the uncertainty in the law regarding medical marijuana and dispensing facilities. The Land Planning Agency is scheduled to review the moratorium extension ordinance at its May 3, 2017 meeting. The moratorium extension ordinance is presented to the City Commission for first reading and public hearing. CONSIDERATIONS: 1. On October 10, 2016, the City Commission adopted a temporary moratorium on Public Hearings 400 PAGE 1 OF 3- May 08,2017 Medical Cannabis Activities, as defined in Ordinance 2016-08, which will expire on July 7, 2017. 2. Since the moratorium was adopted, the City Attorney's office and City staff have been evaluating the current state of the law and several relevant bills pending in the Legislature to implement Amendment 2, as well as various regulatory ordinances adopted by other cities around the State. 3. There are currently six bills pending in the Legislature, two of which have progressed through multiple committees and to the floor of the House and Senate as of the drafting of this Agenda Item. These bills, one in the House (HB 1397) and one in the Senate (SB 406), are quite different at this point in time. In addition, the Department of Health has drafted proposed regulations to implement Amendment 2. All of these take differing approaches to implement Amendment 2. 4. In addition, it is uncertain what approach the new federal administration, specifically the Department of Justice, will take with respect to enforcing federal law regarding medical (and recreational) marijuana. Possession, sale and distribution of marijuana remains unlawful under federal law because marijuana is still classified as a Schedule I drug under the Controlled Substances Act, which by definition has no currently accepted medical use. 5. The City Attorney's Office prepared a proposed ordinance to locate and regulate medical marijuana dispensaries (Medical Marijuana Treatment Centers) within the City of Winter Springs, which was considered by the City Commission at its April 24, 2017 meeting. The City Commission was to give initial feedback on such an ordinance prior to the Land Planning Agency considering it for a recommendation. However, given the continued uncertainty regarding the outcome of this legislative session, Department of Health rulemaking, and the federal administration's approach, the City Commission requested that an additional 270-day extension of the existing moratorium regarding medical marijuana be presented to the Land Planning Agency for review and recommendation. 6. The proposed moratorium ordinance would extend the existing temporary moratorium for an additional 270 days to April 3, 2018. All "medical cannabis activities" during the extended moratorium period, including the growing, cultivation, processing, manufacture, dispensing, distribution, and sale of medical cannabis, low- THC cannabis, and derivative products, would remain prohibited. Staff is directed to study and propose regulations prior to the April 3, 2018 moratorium expiration. 7. Amendment 2 directs that the Department of Health begin registering Medical Marijuana Treatment Centers and issuing qualifying patient and caregiver identification cards by October 3, 2017. This moratorium would allow additional time for the city staff to monitor the activities of the Legislature, Department of Health, and federal government. APPLICABLE LAW, PUBLIC POLICY,AND EVENTS: Home Rule Powers Winter Springs Code of Ordinances City of Winter Springs Comprehensive Plan Compassionate Use Act, s. 386.986, F.S. Amendment 2 Public Hearings 400 PAGE 2 OF 3- May 08,2017 FISCAL IMPACT: There is no direct fiscal impact related to the City Commission's consideration of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The display advertisement (containing the proposed ordinance title and public hearing date) was advertised in the Orlando Sentinel on April 30, 2017. RECOMMENDATION: Staff recommends that the Land Planning Agency will make a recommendation regarding Ordinance 2017-10 at its May 3, 2017 meeting. The City Commission is requested to hold first reading and a public hearing on proposed Ordinance 2017-10. ATTACHMENTS: 1. Proposed Ordinance 2017-10 (Moratorium Extension Ordinance) Public Hearings 400 PAGE 3 OF 3- May 08,2017 ûÈÈÛÙÔÏ×ÎÈ ORDINANCE NO. 2017-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; EXTENDING FOR AN ADDITIONAL 270 DAYS THE TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPINGS ADOPTED IN ORDINANCE 2016-08 PROHIBITING ANY AND ALL MEDICAL CANNABIS ACTIVITIES DURING THE MORATORIUM PERIOD INCLUDING THE GROWING, CULTIVATION, PROCESSING, MANUFACTURE, DISPENSING, DISTRIBUTION, AND SALE OF MEDICAL CANNABIS, LOW-THC CANNABIS, DERIVATIVE PRODUCTS, AND RELATED ACTIVITIES; DIRECTING STAFF TO DEVELOP PROPOSED LAND DEVELOPMENT REGULATIONS AND OTHER RECOMMENDATIONS REGARDING SUCH CANNABIS RELATED ACTIVITIES PRIOR TO THE EXPIRATION OF THE EXTENDED MORATORIUM PERIOD; PROVIDING FOR PENALTIES, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, NON-CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on October 20, 2016 through Ordinance No. 2016-08; and WHEREAS, cultivation, processing, manufacture, dispensing, distribution, storage, and wholesale and retail sale of Medical Cannabis, Low-THC Cannabis, and Derivative Products, and other related activities; and WHEREAS, on November 8, 2016, Florida voters approved the Florida Right to Medical ; and WHEREAS, the Florida Legislature is currently considering multiple bills and the Department of Health has issued proposed rulemaking to implement Amendment 2; and City of Winter Springs Ordinance No. 2017-10 Page 1 of 3 WHEREAS, treatment of medical cannabis by the federal government remains uncertain given the new federal administration; and WHEREAS, given the current uncertainty regarding the laws applicable to medical cannabis activities, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Extension of Temporary Moratorium. The temporary moratorium adopted in Ordinance No. 2016-08 imposed upon Medical Cannabis Activities, which shall expire on July 7, 2017, shall be extended for an additional 270-day period, unless sooner terminated by an ordinance of the Winter Springs City Commission. The extension period shall commence immediately upon the expiration of Ordinance No. 2016-08 on July 7, 2017. Section 3. Recommendations for Land Development Regulations. City Staff, at s direction and in consultation with the City Attorney, is hereby directed to study Medical Cannabis Activities and their impact on the health, safety, and welfare of residents and businesses located within the City, and to develop and recommend, as deemed advisable by the City Manager, land development regulations for Medical Cannabis Activities in the City, and any other relevant regulations and recommendations, with such recommendations and proposed regulations being delivered to the Winter Springs City Commission with a reasonable time before the expiration of the extended moratorium period. Section 4. Penalties. Violations of this Ordinance are punishable as provided by Section 1-15 of the City Code of Winter Springs, Florida or other applicable Code provisions. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6.Non-Codification. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall City of Winter Springs Ordinance No. 2017-10 Page 2 of 3 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 12th day of June, 2017. ____________________________________ CHARLES LACEY, Mayor ATTEST: _____________________________________ ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. _____________________________________ ANTHONY A. GARGANESE City Attorney First Legal Ad Published: April 30, 2017 First Reading: May 8, 2017 Second Legal Ad Published: ________________ Effective Date: June 12, 2017 City of Winter Springs Ordinance No. 2017-10 Page 3 of 3