FL: County Approves Medical Marijuana Ordinance

Ron Strider

Well-Known Member
Moratorium on dispensaries expires Thursday. The County Commission on Tuesday finalized its ordinance regulating medical marijuana dispensaries.

The highlights:

+ Marion County will allow up to five dispensaries — a number chosen based on the county’s population. Permits will be issued on a first-come, first-served basis. Each of the first five applicants will be allowed to operate one dispensary.

+ Dispensaries must be at least 1.5 miles apart (in previous discussions the commission had said 2.5 miles) and can be located on land zoned B-2, B-4 or B-5.

B-2 is the county’s Community Business Classification and covers retail stores for general merchandise, fashion, durable goods and personal services. B-4 is the Regional Business Classification applying to regional shopping centers. B-5 is the Heavy Business Classification; it covers retail, wholesale, repair and service operations that may require larger parcels for the outside storage of materials or equipment.

+ Dispensaries cannot be located within 500 feet of any property with a residential zoning classification. They cannot be located within 1,000 feet of a church, school, playground, park, daycare or drug rehabilitation center.

+ The application process will require applicants to submit a business plan and to agree to pull a building permit within 120 days. Some other deadlines also will apply; the general idea is to make sure the applicant is up and running within a year at the most. Extensions can be granted if good cause is shown.

The commission has been discussing a proposed ordinance for months. During that time, there has been a moratorium on dispensaries in unincorporated Marion. The moratorium expires Thursday.

The Florida Legislature adjourned without passing a law to implement medical marijuana, which state voters approved in November. A special session is always possible.

Tuesday’s County Commission discussion was far-ranging. One of the major topics was whether to limit the number of dispensaries.

“Let the market decide,” Commissioner David Moore said.

Commissioner Michelle Stone disagreed. “It (limiting the number) is the prudent thing to do with an industry that’s new to the market.”

Commissioner Kathy Bryant agreed with Stone, noting that this is the commission’s first take on the issue. It can always come back later and revise.

“Our citizens want us to make a decision,” Bryant said.

Commission Chairman Carl Zalak said the county should come back in a year to revisit the ordinance and see how things are going.
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