In 2014, the Florida Legislature enacted a separate but significantly more narrow medical marijuana law, the "Compassionate Medical Cannabis Act of 2014," codified in Section 381.986, Florida Statutes, which authorizes a limited number of nurseries to cultivate, process, and dispense low-THC cannabis to qualified patients and operate as "dispensing organizations”. On March 25, 2016, the Florida Legislature amended numerous provisions of Section 381.986, Florida Statutes, and provided additional regulation of the Department of Health with regard to medical cannabis. On November 8, 2016, Florida voters approved an amendment to the Florida Constitution entitled "Use of Marijuana for Debilitating Medical Conditions" ("Amendment 2").
Amendment 2 legalizes the medically certified use of marijuana throughout the State of Florida and authorizes the cultivation, processing, distribution, and sale of marijuana, and related activities, by licensed "Medical Marijuana Treatment Centers”. On June 23, 2017, the Florida Legislature amended numerous provisions of Section 381.986, Florida Statutes to expand compassionate use of medical marijuana including how local governments regulate Medical Marijuana Treatment Center (MMTC) dispensing facilities; and provided additional regulation of the Department of Health with regard to medical cannabis. Florida Statute, Chapter 2017-232, allows local governments to ban or establish limited regulations for permitting and siting MMTC dispensing facilities.
On June 9, 2017, the Florida Legislature passed Senate Bill (SB) 8-A implementing the Florida Medical Marijuana Legalization Initiative. SB 8-A significantly pre-empts local government in the regulation of cultivation, processing, and delivery of medical marijuana; restricts the number and location standards for dispensing facilities and limits local government zoning regulations from being more restrictive than the regulations for pharmacies, which is a change from the original law on medical marijuana. SB 8-A, specifically permits local government to ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality.
The City of Riviera Beach has concerns with the potential of illegal drug use and distribution associated with the legalization of marijuana and the dispensing of marijuana, even for medical reasons, including the dispensing of marijuana onsite. The Riviera Beach Police Department has expressed concern that the current medical marijuana law preempts local regulatory authority and decreases the role in which local law enforcement will have on the inspection of medical marijuana treatment centers, and will have a negative impact on crime and the integrity of local neighborhoods.
Due to the historical prohibition of marijuana, the City of Riviera Beach does not currently have any land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana, or related activities, and such uses are not permissible within the City. The City of Riviera Beach desires to update existing Land Development Regulations to more specifically prohibit medical marijuana treatment centers and medical marijuana dispensing facilities.
The City’s Planning and Zoning Board reviewed the proposed land development regulation amendments on March 22, 2018 and recommended approval to the City Council. City staff recommends approval of this ordinance.