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O-2017-32 IF CITY OF CLERMONT ORDINANCE NO.2017-32 AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, RELATED TO MEDICAL MARIJUANA DISPENSARIES I AND CANNABIS FARMS, REPEALING IN ITS ENTIRETY II ORDINANCE 2016-48 AND AMENDING CHAPTER 18 "BUSINESSES," CREATING ARTICLE Ill "MEDICAL MARIJUANA DISPENSARIES AND CANNABIS FARMS", PROVIDING FOR PURPOSE AND Ii DEFINITIONS, DECLARING MEDICAL MARIJUANA DISPENSARIES AND CANNABIS • FARMS UNLAWFUL AND PROHIBITING, PROVIDING FOR USE OF MEDICAL MARIJUANA, PROVIDING FOR • EFFECT OF ANNEXATION, AND PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. • '1 WHEREAS, in 2016 Amendment 2 to the Florida Constitution was adopted by vote of the electors of the State of Florida; and WHEREAS, Amendment 2 legalized the cultivation and distribution of marijuana within the State of Florida for specified medical purposes; and • WHEREAS, the Legislature-of the State of Florida adopted Senate Bill 8A which was signed into law by Governor Rick Scott and which provided and authorized among other things that the City could adopt a prohibition on the operation of medical marijuana dispensaries and 1 cannabis farms within the jurisdictional limits of the City; and I' WHEREAS, the City Council of the City of Clermont finds that it is in the best interests of the health, safety, welfare and morals of the citizens of Clermont to prohibit the operation of !I medical marijuana dispensaries within the municipal limits, along with the operation of any cannabis farms, and WHEREAS; based on all of the foregoing, the City Council deems it necessary and in the best interest of the City to enact an ordinance prohibiting the operation of such businesses. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Ij • Clermont, Lake County Florida that: SECTION I. I I, The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and II findings supporting this Ordinance. {1 SECTION 2. I I li Ordinance 2016-48 adopted by action of the City Council on November 8, 2016, is hereby repealed in its entirety. 1 li ,i . CITY OF CLERMONT ORDINANCE NO.2017-32 I i SECTION 3. ,, i Chapter 18, `Businesses", Article III "Medical Marijuana Dispensaries and Cannabis Farms 1I Prohibited" of the City Code of the City of Clermont, Florida, is hereby created to read as j follows: • • Article III "Medical Marijuana Dispensaries and Cannabis Farm" ,1 Sec. 18-85. Purpose and definitions. (a) Purpose and intent. The purpose and intent of this Article is to prohibit the ,i maintenance or operation of a medical marijuana dispensary or cannabis farm as defined herein. I, ' (b) Definitions;For the purpose of this Article the following definitions shall apply: I', Cannabis refer to the meaning given cannabis in Section 893.02(3), Florida Statutes, and shall include all forms of medical cannabis or low-THC Cannabis H 1 Cannabis Farm shall mean any property used in whole or in.part for the growing or i cultivation of Cannabis plants, whether or not such growing or cultivation is lawful under 11 the laws of Florida. 1, • . Marijuana shall mean and be synonymous with, Cannabis. Ili Medical Marijuana Dispensaryshall mean any treatment center; entity, establishment, or portion thereof, which is lawfully licensed to acquire, cultivate, possess, process, transfer, II • transport, sell, dispense or administer marijuana, products containing marijuana, products I derived from marijuana, related supplies, or educational materials. A pharmacy as defined in Section 465.003, Florida Statutes which employs a Florida Licensed 11 . pharmacist onsite shall not be considered a Medical Marijuana Dispensary. Medical Use shall mean any use.of any form of cannabis to treat a qualifying medical condition as provided in Amendment 2 and any legislation adopted to implement t Amendment 2. 1, Non — Medical Use shall refer to any possession, sale, distribution, transfer, delivery, or use, of Cannabis or Cannabis based products when not associated with any Medical Use thereof. , Sec. 18-86. Medical Marijuana Dispensaries and Cannabis Farms Prohibited. ;I The maintenance or operation of a Medical Marijuana Dispensary or Cannabis Farm is declared to be unlawful within the City of Clermont and is prohibited in all applicable I 1 land use and zoning categories and districts within the City. I, 1 2 . 1' 1 I CITY OF CLERMONT I II ORDINANCE NO.2017-32 Sec. 18-87. Possession and Use of Cannabis for Medical Use. Possession and use of Cannabis for Medical Use, by a person to whom the Cannabis was sold or distributed by a Medical Marijuana Dispensary operated in strict and full accordance with the laws of Florida, and located outside the municipal limits of Clermont, shall not be a violation of this Code, provided however that any person claiming to be entitled to the benefits of this Subsection shall bear the burden of establishing, by clear and convincing evidence, that he or she was legally prescribed the Cannabis for Medical Use in full compliance with Florida law, and acquired the Cannabis from a fully licensed Medical Marijuana Dispensary. Notwithstanding this Section, any sale, transfer, distribution, or delivery of Cannabis by the person claiming the benefits of this.Subsection, to any other person whomsoever, whether or not for Medical Use, is prohibited, as is the act by the person claiming the benefit of this Subsection of permitting any other person to use the Cannabis of the person claiming such benefit. Sec. 18-87. Effect of Annexation. If a Medical Marijuana Dispensary or Cannabis Farm is lawfully located on property outside the municipal limits of Clermont, which is later annexed into the City of 1 Clermont, such Medical Marijuana Dispensary or Cannabis Farm shall be allowed to continue its operations within the property so annexed, for a period not to exceed 180 days, after which further operation as a Medical Marijuana Dispensary or Cannabis Farm shall be unlawful under this article. Sec. 18-87. Enforcement of violations; penalties. (a) Each violation of this Article shall constitute a separate offense punishable as provided in Section 1-15 of the City Code by a fine not to exceed five hundred t; dollars ($500.00) or by imprisonment in the county jail for a term not to exceed I'` sixty(60) days, or by both such fine and imprisonment. (b) Nothing in this Article shall be construed to prohibit the City from enforcing this Article by alternate means including, but not limited to: Code Enforcement or Code Citations pursuant to Florida Statute Chapter 162, Part I or 11; by criminal action; by civil action, including petitions to enjoin persons violating this Article; or by any other means available by law. Sec. 18-88-18-89. Reserved. SECTION 4. Codification. it The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such editorial license. 3 I, • CITY OF CLERMONT ORDINANCE NO.2017-32 SECTION 5. Conflict. • All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the __ extent of such conflict. _ I • SECTION 6. Severability. • Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. SECTION,7. Effective Date. This Ordinance shall take effect as provided by law upon its final adoption. • i I 4 • Sri CITY OF CLERMONT ORDINANCE NO.2017-32 PASSED AND ADOPTED by the City Council of the City of Clermont, this 26th day of September, 2017. volutifor , 'r Gail L. Ash, Mayor ^,. "ATTES Tracy Ackroy Howe, City Clerk Approved as t�d - w D. ,'ll7FIT s C . _ _. .