Brevard County Commission to tackle zoning for medical marijuana dispensaries

Brevard County commissioners will try again next week to figure out how to regulate what are known as "medical marijuana treatment center dispensing facilities" in unincorporated areas of the county.

Commissioner have been discussing the issue off and on since May of last year.

There currently is a moratorium in place that prevents such facilities from opening in unincorporated Brevard. That moratorium is scheduled to expire with the end of the 2018 Florida Legislature session on March 9.

Next Tuesday, commissioners will hold the first of two required public hearings on a proposed ordinance, crafted by Brevard County's Planning and Development Department, to amend the county's zoning codes. The proposal would allow medical marijuana treatment centers in areas that have one of nine business, commercial or industrial zoning classifications. These areas would be the same ones where pharmacies, drugstores and sundry stores are allowed.

There currently are 3,748 parcels in the county with one of these nine zoning classifications.

More: Medical marijuana dispensaries blocked from opening by moratoriums, bans

More: Brevard Commission changes course, supports moratorium on medical marijuana dispensaries

Commissioners could go with the staff proposal; let the moratorium "sunset" or expire without action; or ban medical marijuana treatment centers in unincorporated Brevard. Even with a ban on dispensaries, state-licensed treatment centers would be able to deliver to patients within Brevard.

Brevard's 16 cities and town have a patchwork of rules related to medical marijuana facilities, according to a Planning and Development Department analysts. Some have banned them entirely, while others have moratoriums in place. Palm Bay, Rockledge and Satellite Beach are among the Brevard municipalities that allow such facilities.

Florida voters in 2016 voted in favor of the constitutional amendment, known as Amendment 2, to allow medical marijuana for certain medical conditions.

Amendment 2 gave doctors the authority to recommend marijuana for patients who have AIDS, amyotrophic lateral sclerosis, cancer, Crohn's disease, epilepsy, glaucoma, HIV, multiple sclerosis, Parkinson's disease, post-traumatic stress disorder and other debilitating medical conditions.

There was 71.3 percent support for the measure by voters — significantly more than the 60 percent required for approval of a state constitutional amendment. In Brevard County, 70.9 percent of the voters supported the amendment.

Florida statutes give counties the ability to ban medical marijuana facilities. But, if a county chooses to allow dispensing facilities in its jurisdiction, it cannot enact ordinances for permitting or determining locations that are more restrictive than for pharmacies.

The Florida Department of Health 's Office of Medical Marijuana Use reports that it has

registered 76,518 patients statewide who have been diagnosed by one of the 1,035 qualified physicians to prescribe medical marijuana.

Upon being registered, individuals can apply for a medical marijuana use identification card, which allows them to receive treatment. The Department of Health has approved 51,050 ID cards.

The state has approved 13 medical marijuana treatment centers that have 27 approved retail dispensing locations. The 27 dispensing facilities are spread over 15 counties. None are in Brevard.

Among the nearby dispensing locations are Trulieve facilities in Edgewater and Orlando, and a Knox Medical facility in Orlando.

Under the county staff proposal, medical marijuana facilities would have to have direct access to a main road, and, based on state statute, would have to be at least 500 feet from a school.

In July, the County Commission authorized county to draft an ordinance allowing medical marijuana dispensing facilities in the BU-1 zoning classification and

to be regulated the same as pharmacies.

Then, in August, the commission shifted its approach and directed staff to prepare a

moratorium to sunset in July 2018 and recommended a separate zoning classification. In October, commissioners changed the sunset date of the moratorium to the end of the 2018 legislative session.

County Commission Vice Chair Kristine Isnardi on Aug. 22, Oct. 10 and Oct. 24 voted against moratorium proposals. The other four commissioners supported the moratorium.

Isnardi, a registered nurse, told fellow commissioners that the moratorium was "denying access" to patients who could benefit by medical marijuana.

Dave Berman is government editor at FLORIDA TODAY.

Contact Berman at 321-242-3649 or dberman@floridatoday.com.

Twitter: @bydaveberman

Facebook: /dave.berman.54

Hearings planned

The proposed zoning code amendments will be discussed at the following meetings, to be held in County Commission Meeting Room at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Viera:

Brevard County Local Planning Agency: 3 p.m. Feb. 19

Brevard County Commission: 9 a.m. Feb. 20 and 5 p.m. March 6

Permitted zoning areas

Under the proposed county ordinance, pharmacies, drugstores, sundry stores and medical marijuana treatment center dispensing facilities would be a permitted use, with conditions, in the following zoning classifications in unincorporated Brevard: