9/15/2017 10:17:07 AM
8/16/2017 4:42:24 PM
Agenda Item Number
State Filed Date
Pain Management Clinics
Chapter 306 and Chapter 315
Prohibiting Medical Marijuana Treatment Center Dispensing Facilities
Codified or Exempt
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ORDINANCE NO. 2017- 010 <br /> AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 306 OF THE <br /> CODE OF INDIAN RIVER COUNTY ENTITLED "MISCELLANEOUS <br /> OFFENSES AND PROGRAMS" TO CREATE SECTION 306.15 "MEDICAL <br /> MARIJUANA TREATMENT CENTER DISPENSING FACILITIES <br /> PROHIBITED" AND AMENDING CHAPTER 315 OF THE CODE OF INDIAN <br /> RIVER COUNTY ENTITLED "INDIAN RIVER COUNTY PAIN MANAGEMENT <br /> CLINIC AND CONTROLLED SUBSTANCES ORDINANCE" TO ELIMINATE <br /> REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING <br /> TO MEDICAL MARIJUANA; AND PROVIDING FOR SEVERABILITY, <br /> CODIFICATION AND AN EFFECTIVE DATE. <br /> WHEREAS, in 2011, the Indian River County Board of County Commissioners (the <br /> "Board") created Chapter 315 of the Code of Indian River County entitled "Indian River County <br /> Pain Management Clinic and Controlled Substances Ordinance"; and <br /> WHEREAS, in anticipation of Amendment 2, allowing for the use of marijuana for certain <br /> medical conditions on the November 8, 2016 ballot, the Board adopted regulations to prevent <br /> a proliferation of medical marijuana distribution facilities; and <br /> WHEREAS, during the 2017 Special Session, the Florida Legislature enacted a bill <br /> preempting most local government regulation of medical marijuana; and <br /> WHEREAS, local governments are allowed to either ban medical marijuana treatment <br /> center dispensing facilities or allow them in the same manner as the local government would <br /> allow a pharmacy regulated under Chapter 465, Florida Statutes; and <br /> WHEREAS, as the City of Sebastian will allow medical marijuana treatment center <br /> dispensing facilities and the City of Vero Beach intends to grandfather in one medical marijuana <br /> treatment center dispensing facility, the Board acknowledges that citizens of Indian River <br /> County have adequate access to such facilities and thus wishes to prohibit medical marijuana <br /> treatment center dispensing facilities in the unincorporated areas of Indian River County; <br /> NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br /> Section 1. Enactment Authority. <br /> F"Artorner Linda GE9'FR1L Nesolutions&Ordinanrer.OrdlnancesPain Cinresa&di&.1v,ivana Repent and Uartdocx 1 <br />
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