Brevard County officials have proposed rules for locating medical marijuana dispensaries within unincorporated areas of the county rules that are designed to keep them far away from schools, parks and churches.
County commissioners on Tuesday voted 4-1 to start the process that could lead to a vote on the proposal as early as May. The proposal will be considered by two county advisory board before coming back to the County Commission for two public hearings and a final vote.
Commissioner John Tobia voted no, saying he want the commission to first schedule a workshop on the issue so that experts on medical marijuana, law enforcement officials, people interested in getting into this business and potential customers could give their input.
The proposed rules, submitted by the county’s Planning and Development Department, would ban medical marijuana dispensing faculties:
- Within 1,000 feet of a child care facility, school, playground, public park or place of worship.
- Within 200 feet of a residentially zoned or residentially developed property
- Within one mile of another medical marijuana facility.
Under the proposal, the facilities could operate only from 9 a.m. to 7 p.m. Monday through Friday, and from 9 a.m. to 5 p.m. on Saturday.
The proposal also would ban:
- Consumption of marijuana, pain management drugs and alcoholic beverages at the facility, including in adjacent parking areas and on adjacent sidewalks.
- Drive-through or drive-in service aisles.
- Outdoor seating areas or customer waiting areas.
Brevard County Planning and Development Director Robin DiFabio said in her proposal to county commissioners that county staff anticipates creation of a new conditional-use permit for medical marijuana dispensing facilities, and that this conditional use could be considered on properties that have certain business and industrial zoning classifications.
She said after the meeting that these were only preliminary recommendations that could be modified by county legal staff or commissioners during the hearing process, after additional research is done and more feedback is received.
During the commission’s preliminary discussion on Tuesday, Tobia questioned whether the rules would be too restrictive on where medical marijuana facilities could locate.
He also raised a number of other concerns about the proposal, including the limited hours of operation, with no Sunday hours.
"There’s so many moving parts in here," Tobia said. "I think we all need to spend some time on this."
Tobia said, although he voted against medical marijuana bills when he was a member of the Florida House of Representatives, he recognizes there is widespread support in Florida for it. He said that is evidence by the approval of 71 percent of Florida voters who cast ballots on a constitutional amendment in November.
"We can’t view this as a negative," Tobia said. "The state of Florida views this as a legitimate medicine."
County Commission Chairman Curt Smith said one of Brevard County’s lobbyists advised him that it might be a good idea for Brevard to push forward with rules on medical marijuana dispensaries, as 68 counties and municipalities in Florida already have done.
If Brevard doesn’t not approve its own rules, there is a chance the county would be pre-empted from doing so after the Florida Legislature this spring works on its own rules for implementing the constitutional amendment, known as Amendment 2.
"I believe we need to get out in front of it," Smith said.
Commissioner Kristine Isnardi said she believes it’s "important that we set our own home rules down" on medical marijuana, while at the same time not making the rules so restrictive in geography that it becomes what is, in effect, "a red-light district" for dispensaries.
She asked county staff to provide a map of areas where dispensaries would and would not be allowed, under the proposed rules.
County Attorney Scott Knox indicated that Brevard County may be "a little bit premature" with pushing forward with regulation of dispensaries, since the Florida Legislature has not dealt with the issue yet.
"Who knows what they’re going to do," Knox said.
With their 4-1 vote, county commissioners on Tuesday approved what’s known as "legislative intent," which also starts the process of advertising public hearings on the proposed ordinance. The proposal then would be heard by two county advisory boards the Building and Construction Advisory Committee and the Local Planning Agency. Those boards would issue recommendations to the County Commission, which would be required to hold two hearings, because this is a land-use issue.
Although commissioners did not schedule a workshop, several of them indicated it would be a good idea. A workshop still could be scheduled as part of what is likely to be a process before a final vote on the proposal.
DiFabio said that process could take three months or more, allowing time for legal review, the advisory board meetings and the two County Commission hearings.
County commissioners in November directed staff to prepare an ordinance related to medical marijuana dispensing facilities for consideration, and Tuesday’s proposal is the result of that request, although it has not year reached the form of an ordinance.
News Moderator: Katelyn Baker
Full Article: Medical Marijuana Dispensary Rules Proposed For Brevard
Author: Dave Berman
Contact: Florida Today
Photo Credit: David McNew
Website: Florida Today
