O-736-17 ORDINANCE NO. 736-17
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES,
FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM ON CANNABIS DISPENSING
BUSINESSES AS FURTHER DEFINED HEREIN; PROVIDING FOR CONFLICTS, PROVIDING
FOR SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,The Florida Legislature, in 2014, enacted a law approving the use of low-THC medical
cannabis in Florida;and
WHEREAS, On November 8, 2016, Florida voters approved a Constitutional amendment to allow
the use of medical marijuana (cannabis) in Florida under specified conditions; and
WHEREAS, a comprehensive State licensing and regulatory framework for the cultivation,
processing, and dispensing of cannabis exists and may be further modified by the Florida Legislature in
recognition of the Constitutional amendment; 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, dispensing facilities of cannabis businesses may be determined by local ordinance;
and
WHEREAS,cannabis businesses licensed pursuant to the law have begun cultivating cannabis for
processing and dispensing; and
WHEREAS,the dispensing of cannabis is currently illegal under federal law and the United States
Drug Enforcement Agency has recently confirmed that cannabis remains a Schedule 1 drug under
federal law, but the United States Department of justice has discussed federal enforcement of such laws
with respect to state regulated cannabis operations in the 2012 "Cole Memorandum"; and
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and
businesses from secondary effects associated with the distribution of cannabis exist, potentially
including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the dispensary,
robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents;and
WHEREAS, Florida laws relating to the cultivation, production and dispensing of cannabis
products are rapidly changing, raising substantial questions about whether cannabis-related land uses,
as a category of commercial use, may have deleterious and negative secondary effects on surrounding
land uses and communities; and
WHEREAS, the purpose of this ordinance is to place a temporary moratorium on the opening of
new cannabis dispensing facilities;and
WHEREAS,the Village hereby finds that the temporary moratorium imposed by this ordinance is
intended to give the Village the necessary time to investigate the impacts of cannabis dispensing
facilities,and if necessary,to promulgate reasonable regulations relating to such establishments; and
WHEREAS, it is in the best interest of the Village to adopt this ordinance to protect the health,
safety and welfare of the public;
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1. The purpose of this ordinance is to provide the Village with the opportunity to review
the impact of recent changes in law, recent state guidelines and regulations, and the recent passage of
the constitutional amendment, as well as the impact of cannabis dispensing in other jurisdictions, to
determine how such dispensing should be permitted or regulated in the Village.
Section 2. The following words and phrases, when used in this ordinance, shall have the meanings
ascribed to them in this ordinance:
a) Cannabis means all parts of any plant of the genus Cannabis,whether growing or not,the seeds
thereof;the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture,or preparation of the plant or its seeds or resin.
b) Cannabis dispensing business or business shall mean a business location offering cannabis for
retail sale pursuant to a license to dispense cannabis issued under applicable law.
c) Compassionate Use Act shall mean section 381.986, Florida Statutes, and chapter 2016-123,
Laws of Florida, as amended from time to time, and any rules or regulations promulgated
thereunder.
d) State shall mean the State of Florida.
In addition to the definitions contained above, other terms used in this ordinance shall have the
meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this
ordinance by this reference.
Section 3. Beginning on the effective date of this ordinance, for a period of twelve (12) months
from the effective date, a moratorium is hereby imposed on the opening of cannabis dispensing
businesses in the Village.
a) During the moratorium, it is unlawful and a violation of this ordinance for any person or entity
to open or cause to be opened any cannabis dispensing business within the Village.
b) During the moratorium, it is unlawful and a violation of this ordinance for any person or entity
to relocate or cause to be relocated any cannabis dispensing business within the Village.
c) During the moratorium, it is unlawful and a violation of this ordinance for any person or entity
to expand or cause to be expanded any cannabis dispensing business within the Village.
d) During the moratorium, the Village shall not accept, process or approve any applications, or
issue any business tax receipts, licenses, building permits, land use permits, or any development
permits concerning or related to a cannabis dispensing business.
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Nothing in this temporary moratorium shall be construed to prohibit the use of cannabis pursuant to the
Compassionate Use Act or other applicable Florida Law, or the delivery of cannabis in compliance with
the Compassionate use Act or other applicable Florida Law.
Section 4. The Village Manager, or his designee, is hereby directed to study land development
regulations for cannabis dispensaries and the impact of such regulations in other jurisdictions.
Section 5. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are
hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this
Ordinance.
Section 6. If any section, sentence,clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction,then said holding shall in no way effect the
validity of the remaining portions of this ordinance,which shall be deemed to be severable therefrom.
Section 7. This ordinance shall become effective immediately upon adoption on second
reading,and shall remain in effect for a period of twelve(12) months from that date.
Passed on first reading this 7th day of February .2017.
Passed and adopted on second reading this 21' day of February , 2017.
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Alice Burch, Mayor
ATTEST:
Barbara A. Estep, MMC
Village Clerk
PPROVED AS TO FORM:
Richard Sarafan
Village Attorney