Agenda 05/10/2022 Item #10B (Land Development Code Amendment Regarding Medical Marijuana)10.B
05/10/2022
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back a Land Development Code amendment
to allow medical marijuana dispensaries in the same zoning districts as pharmacies.
OBJECTIVE: To bring back for Board consideration a Land Development Code amendment regarding
the regulation of medical marijuana/cannabis dispensaries in Collier County.
CONSIDERATIONS: On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A, which
introduced comprehensive changes to F.S. 381.986 which preempts County regulation of medical
marijuana treatment centers with dispensing facilities. Under F.S. 381.986 the County has the following
two options when addressing medical marijuana dispensaries:
1. The County may by Ordinance ban medical marijuana dispensaries from locating within
the boundaries of the County.
2. The County may allow medical marijuana dispensaries as described below:
If the Board does not elect a ban, the County may restrict medical marijuana dispensaries from
locating within 500 feet of a public or private elementary, middle, or secondary school; and the
County may determine by Ordinance criteria for the location of, and permitting requirements for,
medical marijuana dispensaries that is not in conflict with state law. However, the County may
not:
• Place limits on the number of dispensing facilities that may locate within Collier County,
nor
• Enact an ordinance for permitting, or determining the location of, dispensing facilities
which is more restrictive than the County's ordinances permitting or determining the
locations for pharmacies.
While discussing the County's response on July 11, 2017, the Board expressed a desire to not adopt a ban,
and on March 13, 2018 the Board directed staff to prepare a Land Development Code amendment which
would allow medical marijuana dispensaries as a permitted use in the same zoning districts as pharmacies.
The Planning Commission reviewed the proposed amendment at a special night hearing on April 30,
2018, and did not recommend approval. The Board reviewed the proposed LDC amendment at a special
night hearing on May 22, 2018, and the motion to approve the amendment failed 2-3, but the Board
requested that staff provide a status report in six months' time. The status report from staff was provided
on October 23, 2018, at which time the Board directed staff to bring back the LDC amendment for a
second time. During the Board meeting on December 11, 2018, the LDC amendment to allow medical
marijuana dispensaries as a permitted land use failed, lacking a supermajority vote. Over three years have
now passed, and I would like to bring this matter back again for consideration.
FISCAL IMPACT: Estimated cost of advertising the ordinance before the CCPC and the BCC is $3,500.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Section 381.986(11), F.S. provides as follows:
(11) PREEMPTION. Regulation of cultivation, processing, and delivery of marijuana by medical
marijuana treatment centers is preempted to the state except as provided in this subsection.
(a) A medical marijuana treatment center cultivating or processing facility may not be located within
500 feet of the real property that comprises a public or private elementary school, middle school, or
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secondary school.
(b)l. A county or municipality may, by ordinance, ban medical marijuana treatment center dispensing
facilities from being located within the boundaries of that county or municipality. A county or
municipality that does not ban dispensing facilities under this subparagraph may not place specific limits,
by ordinance, on the number of dispensing facilities that may locate within that county or municipality.
2. A municipality may determine by ordinance the criteria for the location of, and other permitting
requirements that do not conflict with state law or department rule for, medical marijuana treatment center
dispensing facilities located within the boundaries of that municipality. A county may determine by
ordinance the criteria for the location of, and other permitting requirements that do not conflict with state
law or department rule for, all such dispensing facilities located within the unincorporated areas of that
county. Except as provided in paragraph (c), a county or municipality may not enact ordinances for
permitting or for determining the location of dispensing facilities which are more restrictive than its
ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A
municipality or county may not charge a medical marijuana treatment center a license or permit fee in an
amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility
location approved by a municipality or county pursuant to former s. 381.986 (8)(b), Florida Statutes 2016,
is not subject to the location requirements of this subsection.
(c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of the
real property that comprises a public or private elementary school, middle school, or secondary school
unless the county or municipality approves the location through a formal proceeding open to the public at
which the county or municipality determines that the location promotes the public health, safety, and
general welfare of the community.
(d) This subsection does not prohibit any local jurisdiction from ensuring medical marijuana treatment
center facilities comply with the Florida Building Code, the Florida Fire Prevention Code, or any local
amendments to the Florida Building Code or the Florida Fire Prevention Code.
With that noted, this item is approved as to form and legality, and requires a majority vote for
approval. As part of the discussion, the Board may want to consider whether there are 4 votes in favor of
this, as the LDC amendment will require supermajority vote. -JAK
RECOMMENDATION: To direct staff to advertise and bring back for consideration a Land
Development Code amendment to allow medical marijuana/cannabis dispensaries in the same zoning
districts as pharmacies.
Prepared by: William L. McDaniel, Jr., District 5, Chairman
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05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.13
Doe ID: 22054
Item Summary: Recommendation to direct staff to advertise and bring back a Land Development
Code amendment to allow medical marijuana dispensaries in the same zoning districts as pharmacies.
(Sponsored by Commissioner McDaniel)
Meeting Date: 05/10/2022
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
04/27/2022 1:55 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/27/2022 1:55 PM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher Additional Reviewer
Dan Rodriguez Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
04/27/2022 1:58 PM
Completed
04/28/2022 9:09 AM
Completed
05/03/2022 11:12 AM
Completed
05/03/2022 2:51 PM
05/10/2022 9:00 AM
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