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1Q4q Public Hearings - B. CC 6.20.17 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorneyvp, DATE: May 31, 2017 ATTORNEY SUBJECT: Ordinance Concerning Medical Cannabis (Continued from June 13, 2017) BACKGROUND. On October 18, 20.16, the Indian River County Board of County Commissioners (the "Board') enacted land development regulations concerning medical marijuana treatments centers in advance of the vote on Amendment 2. As part of the agenda item, the Community Development Department included a memorandum. from the County Attorney's Office, which stated "[a]s section 381.986, Florida Statutes, addresses low -THC and medical cannabis, I recommend that any potential regulations concerning such uses be addressed under a separate discussion item." Per section 381.986, Florida Statutes, medical cannabis includes all parts of any plant of the genus Cannabis that is dispensed for medical use by an eligible patient as defined in section 499.0295, Florida Statutes. Under the statute, an eligible patient is a person who has 1) a terminal condition that is attested to by the patient's physician and confirmed by a second independent evaluation by a board-certified physician in an appropriate specialty for that condition; 2) considered all other treatment options for the terminal condition currently approved by the United States Food and Drug Administration; 3) given written informed consent for the use of an investigational drug, biological product, or device; and documentation from his or her treating physician that the patient meets the requirements for being an eligible patient. Under section 381.986, Florida Statutes, the State of Florida has preempted local governments from regulating the cultivation and processing of medical cannabis or low -THC cannabis. However, under the statute, a county may adopt an ordinance regulating the number, location, and some permitting requirements for low -THC and medical cannabis dispensing facilities. On January 10, 2017, the Board voted 4-1, with Vice -Chairman O'Bryan dissenting, to direct the County Attorney to: 1) draft an ordinance which will incorporate into the current code, regulations concerning medical cannabis dispensing facilities; and 2) ensure that the details are consistent and compliant with state law. The County Attorney's Office has drafted the attached proposed ordinance. The proposed ordinance incorporates the medical cannabis into the definition of marijuana and a dispensary under Section 381.986, Florida Statutes into the definition of a Medical Marijuana Treatment Center under Chapter 315 F. Ww.WWJ., affNZRAL1g C CWgadodfsm.W dlcd Ca b, Ordim Rd da um