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ORDINANCE NO. 2017-_0_1Q_ <br />n <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 Authorit <br />FAttorney Linda GE97R4L Resolutions & Ordinances'.OrdlnancesPain Clinics AledreaIM—)aana Repeat and Ban d-1 <br />