Dave Berman

FLORIDA TODAY

Brevard County commissioners are struggling to figure out how to regulate the location of medical marijuana treatment centers within the county. And they might not have an answer when they continue their discussion of the issue on Tuesday.

Among the issues they will tackle: How far the medical marijuana dispensaries should be from one another; from a school or church; or from a residential neighborhood.

Cindy Thurman, Brevard County's planning and zoning manager, said initial discussions with county commissioners indicate there is no consensus on how to proceed. That raises the possibility that commissioners will decide to seek additional revisions to the ordinance on the commission's agenda.

The latest proposal from county staff calls for the centers to be at least 1,000 feet from one another; at least 500 feet from a residentially zoned or residentially developed property; and at least 1,000 feet from any child care facility, school, playground, public park or place of worship. This was modified from a previous proposal commissioners discussed two weeks ago that had a 1-mile minimum separation between centers and a 200-foot minimum distance from residences.

The centers also would need to be located in areas zoned for business or industrial use.

Hours of operation would be limited to 9 a.m. to 7 p.m. Monday through Friday; and 9 a.m. to 5 p.m. Saturday and Sunday.

The ordinance would apply to unincorporated areas of the county, as well as to the incorporated Brevard cities and towns that have not adopted their own ordinances.

Medical marijuana deal goes up in smoke

This is the second of two required public hearings on the proposed ordinance establishing standards for medical marijuana treatment centers. Commissioners had extended discussion of the rules during the first hearing on May 9, which also included public comment by four Brevard residents — two of whom are involved in the medical marijuana industry.

Commissioners voted 5-0 after the first hearing to move the proposal on to a second hearing, but directed county staff to accept written suggestions from each of the five commissioners on proposed modifications. County staff modified the initial proposed resolution after getting those suggestions from commissioners.

"Obviously, this is a work in progress," County Commissioner Kristine Isnardi said during the May 9 commission debate. The discussion will continue during the commission meeting that begins at 9 a.m. Tuesday at the Brevard County Government Center in Viera.

Florida voters in November approved the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, with more than 71 percent support statewide. Amendment 2 allows medical marijuana to be provided as a treatment for patients with cancer, epilepsy, glaucoma, HIV, AIDS, post-traumatic stress disorder, amyotrophic lateral sclerosis, Crohn's disease, Parkinson's disease and multiple sclerosis.

It also will allow licensed physicians to certify patients for medical marijuana use after diagnosing them with some "other debilitating medical conditions of the same kind or class as or comparable to those enumerated."

Isnardi, a hospice nurse, said she has a feeling that medical marijuana "is going to be prescribed a lot more than people think."

"I just want to be smart about it," Isnardi said, in discussing how to craft the rules for the treatment centers. "Whether you like them or not, they're here." She said the rules are needed to avoid creation of a concentrated "red-light district" of medical marijuana treatment centers.

Commissioner John Tobia said, once the application process opens for companies to seek what's known as a "conditional-use permit" to open a medical marijuana dispensary in Brevard, it would be like "the Black Friday shopper waiting at our door," seeking a permit.

"These will be very savvy individuals" seeking the permits, Tobia said. "There are millions and millions of dollars on the line. This is not Joe opening a barber shop."

Tobia said the county needs to be sure that there is a rubric established for situations in which competing companies want to set up dispensaries at the same location or very near one another, so the County Commission can decide which application to approve. He expects Brevard to receive "numerous applications."

The county staff proposal states that, if that is the case, the County Commission "may choose to approve the one location that best meets the needs of the regional market being served, at the least impact to the community."

Medical marijuana questions linger after Amendment 2

Michael Patterson of Viera, chief executive officer of the U.S. Cannabis Research and Development, said he projects that 2 to 3 percent of the state's population would be medical marijuana users in five to 10 years.

Cory Brown of Viera, owner of Medical Marijuana Releaf Clinic, cautioned county commissioners against delaying their efforts to set up rules that would allow the dispensaries to open.

"These people are suffering, and they can't get the medication they need," Brown said. "Are you going to fight us on this? Are these people going to have to suffer?"

Thurman said the Florida Legislature, during its the recently ended 2017 regular session, failed to approve any bills setting up guidelines for medical marijuana treatment centers. That will leave the task up to the Florida Department of Health.

"It's been a moving target," Thurman said.

Thurman told county commissioners that, while her department has proposed guidelines in the ordinance, "it's up to the board how they want to regulate them. This is whatever you feel is best."

If the County Commission decides to delay a vote on Tuesday, so county staff can again rewrite the ordinance, it would not come before them until July at the earliest, because they have no scheduled meetings during June.

Contact Berman at 321-242-3649 or dberman@floridatoday.com, on Twitter at @bydaveberman and on Facebook at www.facebook.com/dave.berman.54.