HomeMy Public PortalAboutOrd 1615- Chapter 18 Article III For Cannabis Related ActivitiesORDINANCE NO. 1615
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
CREATING CHAPTER 18 ARTICLE III, CANNABIS RELATED
ACTIVITIES; PROVIDING FOR AUTHORITY; PROVIDING FOR THE
CREATION OF CHAPTER 18 ARTICLE III, CONTAINING SECTION
18-76. DEFINITIONS; SECTION 18-77. TEMPORARY MORATORIUM,
WHICH ESTABLISHES A TEMPORARY MORATORIUM ON
GROWING, CULTIVATION, PROCESSING, MANUFACTURING,
DISPENSING, DISTRIBUTION, AND WHOLESALE AND RETAIL
SALE OF MEDICAL CANNABIS, LOW-THC CANNABIS, AND
DERIVATIVE PRODUCTS, OR ANY RELATED ACTIVITIES;
ESTABLISHING A TEMPORARY MORATORIUM ON THE OPENING,
RELOCATION, OR EXPANSION OF ANY MEDICAL MARIJUANA
DISPENSING FACILITY WITHIN THE CITY LIMITS; SECTION 18-78,
STUDY AND RECOMMENDATIONS; SECTION 18-79. PENALTIES;
AND SECTIONS 18-80 — 18-99. RESERVED; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021(1), Florida Statutes, the City of Crestview, Florida (the "City"), a
municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
each municipality in the state has the power to enact legislation concerning any subject matter upon
which the state legislature may act, except when expressly prohibited by law; and
WHEREAS, in 2014 the Florida Legislature enacted the Compassionate Medical Cannabis
Act, codified at Section 381.986, Florida Statutes (the "Compassionate Use Act"), which legalized
the cultivation, processing, and dispensing of "Low-THC Cannabis," as defined by Section
381.986(1)(e), Florida Statutes, by a licensed dispensing organizing for "Qualified Patients," as
defined by Section 381.986(1)(h); and
WHEREAS, in 2016 the Florida Legislature amended the Right to Try Act, codified at Section
499.0295, Florida Statutes, which amended the Compassionate Use Act and legalized the cultivation,
production, and dispensing of "Medical Cannabis," as defined by Section 381.986(1)(f), Florida
Statutes, and derivative products by a licensed dispensing organization to "Eligible Patients," as
defined by Section 499.0295, Florida Statutes; and
WHEREAS, the comprehensive State licensing and regulatory framework directs that the
criteria for the number and location of, and other permitting requirements that do not conflict with
Adoption Reading: February 13, 2017
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state law or department rule for, dispensing facilities of cannabis businesses may be determined by
local ordinance; and
WHEREAS, cannabis businesses licensed pursuant to the law have begun cultivating
cannabis for processing and dispensing; and
WHEREAS, the dispensing of cannabis is currently illegal under federal law and the
United States Drug Enforcement Agency has recently confirmed that cannabis remains a
Schedule I drug under federal law, but the United States Department of Justice has discussed federal
enforcement of such laws with respect to state regulated cannabis operations in the 2012 "Cole
Memorandum," and;
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and
business from secondary effects associated with the distribution of cannabis exist, potentially
including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the
dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased
DUI incidents; and
WHEREAS, in November of this year, Florida voters decided to amend the Florida
Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a
broader population of eligible patients; and
WHEREAS, Florida laws relating to the cultivation, production, and dispensing of cannabis
products are rapidly changing — raising substantial questions about whether cannabis -related uses,
may have deleterious and negative secondary effects on the City; 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
determine the best way to regulate Medical Camabis Activities for the benefit of the public health,
safety, and welfare and to promulgate reasonable regulations relating to such activities if deemed
advisable by the City; and
WHEREAS, the City Council hereby finds that the temporary moratorium imposed by this
ordinance is being imposed for a reasonable duration intended to give the City the time reasonably
necessary to investigate the impacts of cannabis dispensing facilities, and if necessary, to
promulgate reasonable regulations relating to such establishments; and
WHEREAS, the City Council hereby finds that this ordinance advances an important
govermnent purpose by reducing the likelihood of the unregulated negative secondary effects of
cannabis dispensing facilities; and
WHEREAS, the City Council hereby finds that this ordinance is in the best interest of the
public health, safety, and welfare.
NOW, TIHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CRESTVIEW, FLORIDA:
Adoption Reading: February 13, 2017
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SECTION I. AUTHORITY. The authority for enactment of this ordinance is contained in Section
2(b), Article VIII of the Constitution of the State of Florida, Chapter 166.021, Florida Statutes and
Section 2, City Charter.
SECTION II. CREATION.
CHAPTER 18, ARTICLE III, CANNABIS RELATED ACTIVITIES Sections 18-76.
Definitions; 18-77. Temporary Moratorium; 18-78. Study and Recommendations; 18-79.
Penalties; 18-80 to 18-99. Reserved, of the City of Crestview Code of Ordinances is hereby
created as follows:
Section 18-76. Definitions:
a. Derivative Product means any form of cannabis suitable for administration to or
consumption or use by a Qualified Patient, Eligible Patient, or any other similarly
situated individual.
b. Dispensing Facility means any facility, whether in a fixed location or mobile, where
Derivative Product, Low-THC Cannabis or Medical Cannabis, is dispensed.
c. Low-THC Cannabis means a plant of the genus cannabis, the dried flowers of which
contain 0.8 percent 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.
d. Medical Cannabis 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.
e. Medical Cannabis Activities means, without limitation, the growing, cultivation,
processing, manufacturing, dispensing, distribution, and wholesale and retail sale of
Medical Cannabis, Low-THC Cannabis, and Derivative Products, or any subset of
such activities, or any related activities.
Section 18-77. Temporary Moratorium.
Beginning on the effective date of this Ordinance and continuing through September 1,
2017, or sooner if provided by an ordinance of the City Council, a moratorium is hereby imposed on
the opening, relocation, or expansion of any Dispensing Facility within the corporate limits of the City
of Crestview, including but not limited to Dispensing Facilities owned or operated by an approved
dispensing organization under Section 381.986, Florida Statutes. The City shall not issue any Business
Tax Receipts, or licenses of any kind, permitting any Dispensing Facility to do business in the City
during the period of the moratorium; nor shall the City accept any applications for any Business Tax
Receipts, or licenses of any kind, for any Dispensing Facility to do business in the City during the period
of the moratorium. In addition, the moratorium is hereby imposed upon all Medical Cannabis Activities
by any person or entity that is not an approved dispensing organization under Section 381.986,
Florida Statutes, except where inconsistent with Florida law.
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Section 18-78. Study and Recommendations:
During the moratorium period described in Section 3 of this ordinance, City staff 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 regulations for
Medical Cannabis Activities in the City, and any other relevant regulations and recommendations.
Section 18-79. Penalties.
Any person or entity who violates any provision of this ordinance, or who fails to comply
therewith, shall be subject to the penalties as prescribed in Chapter 1, Section 1-11 of the City's Code of
Ordinances, and shall be subject to criminal penalties for violating Chapter 893, Florida Statutes.
Section 18-80—18-99. Reserved.
SECTION III: Severability. If any word, phrase, sentence, paragraph or provision of this ordinance
or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding
shall not affect the other provisions or applications of this ordinance which can be given effect without
the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance
are declared severable.
SECTION IV: Repeal of Ordinances in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION V: Effective Date. This ordinance shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF
CRESTVIEW, FLORIDA ON THE 13t'' DAY OF FEBRUARY, 2017.
ATTEST:
(tia, 7)1
ELIZABETH M. ROY
JO : EP ` B OCKER
Cou '1 resident
City Clerk
APPROVED BY ME THIS DAY OF 7is 1 '/ , 2017.
mr;;/( Cw�
DAVID CADLE
Mayor
Adoption Reading: February 13, 2017
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