Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries
Saturday, January 14, 2017
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 14, 2016, Orlando's City Council voted to extend its temporary ban on new marijuana dispensaries, less than a week after Florida voters backed a constitutional amendment to expand medical use of the drug. Back in July 2016, city commissioners voted to approve the temporary pause on marijuana dispensaries. The current ban is set to expire December 2016, but the city is pursuing an extension that would stretch the ban until July 1, 2017.
The Temporary Ban. According to the city, the temporary ban will be beneficial because it will allow staffers to study the potential impacts of marijuana distributors, including whether they should be kept at arm's length from neighborhoods, churches and schools. After the Legislature in 2014 legalized the low-THC oil known as Charlotte's Web, the city of Orlando determined its current rules would categorize dispensaries as drug stores, like Walgreens and CVS. The city of Orlando pursued the July 2016 moratorium after three potential sellers of either medicinal marijuana or Charlotte's Web had expressed interest in Orlando storefronts where proper zoning would allow them. So far, several South Florida cities have also adopted similar temporary bans on new potential dispensaries. The Orlando City Council will take its final vote on the extension in December 2016.To learn more on the status of marijuana in Florida, click here to read one of my prior blogs.
Problematic Approach.To me this is very problematic. The citizens of Florida have spoken in making medical marijuana legal. However, it seems likely that we will be burdened with government officials acting to try to prohibit retail sellers and dispensaries in an attempt to prevent it nevertheless. For example, what would happen if every county now voted to prohibit dispensaries within their boundaries. This would cut the legs out from under the constitutional amendment passed by the voters.We may have to go back to the polls again and vote in a constitutional amendment that blocks cities, counties and state agencies from preventing sales within their limits. Either that or elect John Morgan governor!
Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.To contact the Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.Sources:Weiner, Jeff. “Orlando extends temporary ban on marijuana dispensaries.” Orlando Sentinel. (November 14, 2016). Web.Weiner, Jeff. “City votes for pause on pot dispensaries.” Orlando Sentinel. (July 11, 2016). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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