On June 16, 2014, Florida’s Governor signed into law the Compassionate Medical Cannabis Act of 2014 which legalized medical use of low-THC cannabis (marijuana) for cancer or a physical medical condition that chronically produces symptoms of seizure such as epilepsy, or severe and persistent muscle spasms.  The Compassionate Medical Cannabis Act of 2014 provides that effective January 1, 2015, a physician may prescribe for patients’ medical use low-THC cannabis to treat the limited range of medical conditions described in the Act.

On November 8, 2016, Florida voters approved an amendment to the Florida Constitution that legalized the use of medical marijuana and authorized the cultivation, processing, distribution and sale of marijuana for expanded medical purposes throughout the State. The City of Riviera Beach’s Code of Ordinances and Land Development Regulations are silent regarding requirements for the use of real property for medical marijuana dispensaries and medical marijuana treatment centers, due to the historical prohibition against marijuana use for any lawful purpose.  Local and regional impacts resulting from the amendment to the Florida Constitution legalizing medical marijuana are still largely unknown, requiring additional review and analysis by City staff. 

City Staff previously requested a moratorium for up to one-year for medical marijuana dispensary or medical marijuana treatment center uses which was enacted by City Council through Ordinance No. 4090 on December 21, 2016.  City staff requests a six-month extension to said moratorium to further study and resolve the potential differences between the Compassionate Medical Cannabis Act of 2014 and the constitutional ballot initiative on medical marijuana use, to analyze potential effects and impacts of a medical marijuana dispensary or medical marijuana treatment center use on crime and neighborhood character and integrity within the City, and to evaluate if special standards or conditions for a medical marijuana dispensary or medical marijuana treatment center use should be incorporated into the City’s Code of Ordinances and Land Development Regulations.  It is the intention of the City Council to direct staff to analyze the impacts of the medical marijuana amendment; to determine what additional standards should be incorporated into the City's Code of Ordinances and Land Development Regulations; to research the potential effects and impacts of medical marijuana dispensaries and medical marijuana treatment centers on criminal activity and neighborhood character and integrity; to determine how best to formulate regulations applicable to such use; and evaluate the process for the review and issuance of land development and land use permits, certificates of use, business tax receipts, or other approvals regulating the location or operation of a medical marijuana dispensary or treatment center within the City, which would further and promote the public health, safety, and general welfare.