 |
| Hillsborough County Medical Marijuana Licensing Ordinance |
How to Find a Complete Copy of the Hillsborough County Medical Marijuana Licensing Ordinance?
The Hillsborough County Commission just adopted the Ordinance needed for dispensaries to go forward. Of course the dispenary must still be licensed by the State of Florida, Department of Health, but this is a huge step forward.
What are the zoning requirements under the Hillsborough County Medical Marijuana Licensing Ordinance?
The Commissioners originally were to severely limit the number of licensed weed dispensaries. The final version did not include that language and opens up several parts of the county to theses providers. The complete text of the new law follows.
"Hereby adopted ‘the Hillsborough County medical marijuana licensing ordinance’, as set forth herein, to be incorporated into the Hillsborough County Code of ordinances . . ."
The Hillsborough County Medical Marijuana Licensing Ordinance
FINAL 3/1/2017 JML
ORDINANCE 17-___
AN ORDINANCE TITLED THE HILLSBOROUGH COUNTY MEDICAL MARIJUANA LICENSING ORDINANCE; PROVIDING FOR SHORT TITLE AND AUTHORITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING PROCEDURES FOR THE APPROVAL OF MEDICAL MARIJUANA DISPENSING BUSINESSES AND MEDICAL MARIJUANA DISPENSING FACILITIES; PROVIDING FOR APPROVAL OF MEDICAL MARIJUANA DELIVERY BUSINESSES; PROVIDING FOR REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR APPLICABILITY AND EFFECTIVE DATE.
WHEREAS, the Florida Legislature enacted legislation legalizing marijuana for medical uses; and
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, Hillsborough County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County’s citizens; and
WHEREAS, a comprehensive state licensing and regulatory framework for the cultivation, processing, and dispensing of Medical Marijuana exists; 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 state law or department rule for Medical Marijuana Dispensing Facilities may be determined by local ordinance; and
WHEREAS, Medical Marijuana Dispensing Facilities licensed pursuant to the law have begun dispensing medical marijuana within unincorporated Hillsborough County; and
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and businesses from secondary effects associated with the distribution of Medical Marijuana exist, potentially including: trespassing, theft, fire hazards, increased crime in and about a Medical Marijuana Dispensing Facility, robberies, negative impacts on nearby businesses, and nuisance problems; and
WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by Medical Marijuana Dispensing Facilities in obtaining banking services necessitating such businesses to operate on a cash basis; and
WHEREAS, there exists the potential for misappropriation and diversion of Medical Marijuana to non-medical uses, and;
WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues and increased regulatory costs, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and
WHEREAS, other jurisdictions have regulated the dispensing of Medical Marijuana by limiting the number of such Medical Marijuana Dispensing Facilities permitted within a jurisdiction, to reduce threats to the public health, safety, and welfare; and
WHEREAS, a report entitled “Municipal Dispensary License Allocation: Florida” issued by the Marijuana Policy Group has determined that the optimal number of retail Medical Marijuana Dispensing Facilities depends on the number of patients likely to register, the local area population, and the required scale of operation for dispensaries to remain profitable; and
WHEREAS, in “Municipal Dispensary License Allocation: Florida”, the Marijuana Policy Group determined that the average resident ratio among similar states, with similar medical marijuana laws, is one Medical Marijuana Dispensing Facility for 67,222 residents; and
WHEREAS, there is a need to adopt requirements for the identification and regulation of businesses carrying out the delivery of Medical Marijuana within unincorporated Hillsborough County; and
WHEREAS, there is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from the distribution of Medical Marijuana; and
WHEREAS, there is a need to ensure that the population of the unincorporated County will have access to the best qualified Medical Marijuana Dispensing Businesses, while at the same time maintaining competition in the industry; and
WHEREAS, other Florida jurisdictions that allow Medical Marijuana Dispensing Facilities have implemented effective regulatory and enforcement systems that address the adverse impacts that such facilities could pose to public safety, health, and welfare; and
WHEREAS, an effective regulatory system governing the Delivery and Dispensing of Medical Marijuana, as provided for in this ordinance, will address potential adverse impacts to the public health, welfare, and safety consistent with Florida law; and
WHEREAS, it is not the purpose or intent of this section to restrict or deny access to Medical Marijuana as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety, and welfare; and
WHEREAS, Hillsborough County has determined it is in the public interest to adopt this ordinance pursuant to its police powers and Section 381.986, Florida Statutes, as well as other applicable state laws and provisions of the Florida Constitution, to protect the health, safety, and welfare of the public;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THAT THERE IS HEREBY ADOPTED “THE HILLSBOROUGH COUNTY MEDICAL MARIJUANA LICENSING ORDINANCE”, AS SET FORTH HEREIN, TO BE INCORPORATED INTO THE HILLSBOROUGH COUNTY CODE OF ORDINANCES:
