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HomeMy WebLinkAboutOrdinance 2016-08 Temporary Moratorium on Medical Cannabis Activities ORDINANCE NO. 2016 -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ESTABLISHING A TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPRINGS; ADOPTING FINDINGS OF FACT; 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; PROVIDING FOR PENALTIES, SEVERABILITY, CONFLICT WITH PRIOR INCONSISTENT ORDINANCES, NON-CODIFICATION, CORRECTION OF SCRIVENER'S ERRORS AND AN EFFECTIVE DATE.. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, and Section 166.021,Florida Statutes,to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,in 2014,the Florida Legislature passed the Compassionate Medical Cannabis Act, codified at Section 381.986, Florida Statutes (the "Compassionate Use Act"), which authorizes a licensed dispensing organization to cultivate, process, transport, and dispense "Low-THC Cannabis," as defined by Section 381.986(1 )(e), Florida Statutes, and derivative products for use by certain"qualified patients," as defined by Section 381.986(1 )(h); and WHEREAS, in 2015 the Florida Legislature passed the Right to Try Act, codified at Section 499.0295, Florida Statutes, which amended the Compassionate Use Act and authorizes a licensed dispensing organization to cultivate, process, transport, and dispense "Medical Cannabis," as defined by Section 381.986(1 )(f), Florida Statutes, and derivative products for use by certain"eligible patients," as defined by Section 499.0295, Florida Statutes; and WHEREAS, to date, the Florida Department of Health has approved six (6) dispensing organizations throughout the State of Florida,which are authorized to cultivate,process,transport, and dispense Medical Cannabis, Low-THC Cannabis, and derivative products; and WHEREAS, on November 8, 2016, Florida voters will vote on the Florida Right to Medical Marijuana Initiative,passage of which would amend the Florida Constitution to authorize "Medical Marijuana Treatment Centers," defined therein as "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, City of Winter Springs Ordinance No.2016-08 Pagel of 4 products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department;" and WHEREAS, the passage of the Florida Right to Medical Marijuana Initiative would expand the medical use of cannabis and related products to patients suffering from certain "Debilitating Medical Conditions," as defined therein, which represents a broader population of patients than those eligible under the Compassionate Use Act and the Right to Try Act; and WHEREAS, the recent legalization of Low-THC Cannabis and Medical Cannabis by the Compassionate Use Act and the Right to Try Act,respectively, and potential future changes in the law including but not limited to passage of the Florida Right to Try Medical Marijuana Initiative, raise substantial questions regarding the impact of Medical Cannabis Activities, as defined herein, upon the public health, safety, and welfare within the City of Winter Springs; and WHEREAS,the purpose of this ordinance is to place a temporary moratorium on Medical Cannabis Activities, as defined herein, for a period of time reasonably necessary for the City to investigate the impacts of such Medical Cannabis Activities upon the public health, safety, and welfare, and to promulgate reasonable regulations relating to such activities if deemed advisable by the City; and WHEREAS, the Winter Springs City Commission finds that this Ordinance advances important government purposes, including but not limited to reducing the likelihood of potentially negative effects of unregulated Medical Cannabis Activities, as defined herein,upon residents and businesses located within the City; and WHEREAS,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 ratified and fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Definitions. For the purposes of this ordinance,the following words,terms, and phrases, including their respective derivatives, have the following meanings: a. Derivative Product means any form of cannabis suitable for routes of administration. b. Low-THC Cannabis has the meaning established in Section 381.986(1 )(e), Florida Statutes, and means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent City of Winter Springs Ordinance No. 2016-08 Page 2 of 4 or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound,manufacture, salt, derivative,mixture, or preparation of such plant or its seed or resin. b. Medical Cannabis has the meaning established in Section 381.986(1 )(f), Florida Statutes, and means all parts of any plant of the genus Cannabis,whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. C. Medical Cannabis Activities means, without limitation, the growing, cultivation, processing, manufacture, dispensing, distribution, storage, and wholesale and retail sale of Medical Cannabis, Low-THC Cannabis, and Derivative Products, and other related activities. The term Medical Cannabis Activities shall include any single activity or combination of activities described in this definition. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 270 days, or sooner if provided by an ordinance by the Winter Springs City Commission, a moratorium is hereby imposed upon Medical Cannabis Activities,except for activities that have previously received final approval by the City, and except where City regulation is pre-empted or otherwise inconsistent with Florida law. Further, the review of any applications for Medical Cannabis Activities that may be pending on October 10, 2016,the date of the adoption of this Ordinance, shall be abated, and no new applications for such permits shall be accepted or processed during the moratorium period. In addition, to the extent that a person or entity is authorized to carry out any Medical Cannabis Activities within the City by previous final approval by the City, this moratorium shall prohibit the expansion or relocation of any such authorized activity or facility and the opening of any new facility. Section 4. Expiration of the Temporary Moratorium. The temporary moratorium imposed by Section 3 of this Ordinance expires 270 days from the effective date of this ordinance, or at an earlier date if provided by ordinance of the Winter Springs City Commission. Section 5. Recommendations for Land Development Regulations. City Staff, at the City Manager'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 within a reasonable time before the expiration of this moratorium. Section 6. 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. City of Winter Springs Ordinance No. 2016-08 Page 3 of 4 Section 7. 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 8. Non-Codification. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 9. 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 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 10. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 10'h day of October, 2016. Charles Lacey, M or ATTEST: i 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: September 18, 2016 First Reading: September 26, 2016 Second Legal Ad Published: September 29, 2016 Effective Date: October 10, 2016 City of Winter Springs Ordinance No.2016-08 Page 4 of 4