The Brooksville City Council held their first reading, and issued a second reading and approval for a later date, of a medical marijuana ordinance on Monday December 19.
The ordinance, known as Ordinance Number 869, states the need for a moratorium on the issuing of any permits and licenses for the growth, distribution and sale of medical cannabis. The ordinance was presented by the assistant city attorney Cliff Taylor, and it called for the moratorium to be in effect for one year.
Taylor began his proposal for the approval of the first reading by stating the need for legislature to define the scope of disabilities covered by the medical marijuana statute, as well as to define the rules and test physicians for the needed qualifications to dispense medical marijuana.
In the general summary paragraph of the Ordinance 869 section in the agenda, it states that the city manager and city attorney are suggesting the moratorium based on the fact that cultivation operations, clinics, dispensaries and distribution centers for medical marijuana have not yet been established. The lack of rules, laws and regulations in place concerns the city due to the impact medical cannabis would have on land development.
Taylor also mentioned that most cities opted to take a moratorium for anywhere from 60 days to a year. “It would probably take at least a good part of a year to even get a rule passed and approved,” Taylor said while explaining his reasoning for a one-year moratorium. “So that’s why I offered a moratorium for a year rather than a short period of time.”
The council chimed in to talk about the zoning and business aspects of the dispensaries and land used for cultivation. They mentioned how the city does not require businesses to register with them and that there is not business tax. They also mentioned that the zoning process requires a certificate of use to monitor what businesses come into the city.
Taylor then began explaining issues with cultivation and dispensaries. He said the council needs to discuss where dispensaries should or should not be, and they also need to discuss rules relating to security and acreage for cultivation locations.
One of the council members brought up the exception in the proposed ordinance for clarification. The exceptions in the ordinance are: If the majority of physicians providing services in the clinic, facility or office provide surgical services or are licensed to diagnose a medical condition allowed by law to be treated by medical marijuana; or if the clinic, facility or office is a licensed facility recognized by the Florida Department of Health in the 2014 medical marijuana amendment proposal.
Council members then made closing statements before coming to a decision. They mentioned how the state only approved for six dispensing organizations and two cultivating site in the prior 2014 amendment proposal, which could possibly change in the newest, approved amendment. They also brought up issues where banks might not take deposits from dispensaries, and drug stores might be hesitant to give out prescriptions since marijuana is still federally banned.
The council then agreed to the ordinance and scheduled a second reading and final approval for January 9. A council member performed the first reading of Ordinance 869 aloud for the record.