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With respect to marijuana cultivation, the County Attorney has determined that if the Board wishes <br />to clarify that it is prohibiting marijuana cultivation in the County, it should do so via an amendment <br />to Chapter 315, the County's Pain Management Clinic and Controlled Substances ordinance. To that <br />end, the County Attorney seeks the Board's authorization to allow staff to advertise for a public <br />hearing to amend Chapter 315. That amendment will include a prohibition on the cultivation of <br />marijuana and the same clarification to the definition of "medical marijuana treatment center" <br />(referencing the Department of Health) now incorporated into the proposed LDR amendment. See <br />the attached memo from the County Attorney (attachment 2). <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners: <br />1. Adopt the proposed LDR amendment ordinance; and <br />2. Authorize the County Attorney to advertise for a public hearing for an ordinance amending <br />Chapter 315. <br />Attachments: <br />1. Excerpt of September 20, 2016 BCC Minutes <br />2. Memo from County Attorney (includes draft changes to Chapter 315) <br />3. Proposed LDR Amendment Ordinance <br />APPROVED AGENDA ITEM: <br />FOR: October 11. 2016 <br />BY: <br />Indian River Co, A rove <br />Date <br />Admin. <br />�0 i <br />Legal <br />Budget <br />Dept. <br />Risk Mgr <br />` <br />M \AGENDA\Current Year\2016\Public Hearing No 2 - medical marijuana 10116.docx 2 <br />15 <br />