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County Attorney's Matters - B.C.C. 1.10.17 <br />Office of <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: January 3, 2017 <br />SUBJECT: Ordinance Concerning Medical Cannabis <br />BACKGROUND. <br />On October 18, 2016, the Indian River County Board of County Commissioners (the "Board') enacted <br />land development regulations concerning medical marijuana treatments centers in advance of the vote on <br />Amendment 2. As part of the agenda item, the Community Development Department included a <br />memorandum from the County Attorney's Office, which stated "[a]s section 381.986, Florida Statutes, <br />addresses low -THC and medical cannabis, I recommend that any potential regulations concerning such <br />uses be addressed under a separate discussion item." <br />Under section 381.986, Florida Statutes, the State of Florida has preempted local governments from - <br />regulating the cultivation and processing of medical cannabis or low -THC cannabis. However, under the <br />statute, a county may adopt an ordinance regulating the number, location, and some permitting <br />requirements for low -THC and medical cannabis dispensing facilities. The County Attorney's Office is <br />seeking guidance from the Board as to whether the Board wishes to regulate such dispensing facilities in <br />the same manner as medical marijuana treatment centers under Amendment 2, by enacting additional <br />regulations under Chapter 315 of the Indian River County Code of Ordinances. <br />Since the approval of Amendment 2, County staff has been approached by entities who wish to operate in <br />Indian River County under section 381.986, Florida Statutes or Amendment 2. One entity recommended <br />considering additional requirements to ensure well-qualified operations. If the Board wishes for the <br />County Attorney's Office to draft an ordinance regulating low -THC and medical cannabis dispensing <br />facilities, the County Attorney's Office seeks guidance from the Board to whether the Board would like <br />the ordinance to contain additional requirements for medical marijuana treatment centers and low -THC <br />and medical cannabis dispensing facilities. <br />Approved for January 10, 2017 BCC Meeting <br />County Attorney's Matters <br />COUNTY ATTORNEY <br />F 1AdomeyVJnda1GENERAL.B C CIAgene •Me .o Medkd Camw6sdoc <br />P213 <br />