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The original item was published from 10/26/2017 10:42:00 AM to 12/6/2017 10:25:50 AM.

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Posted on: October 25, 2017

[ARCHIVED] Boca Raton City Council Votes 4-1 to Ban Medical Marijuana Dispensing Facilities

Medical Marijuana Senate

By approving amendments to the City’s code of ordinances, Boca Raton City Council voted 4-1 to ban dispensing facilities within the City consistent with Florida Senate Bill 8-A.

In June 2017, the Florida Legislature passed Senate Bill 8-A which restricted the authority of municipalities to regulate dispensing facilities. The language of the bill left the City with two options: treat dispensing facilities like pharmacies and allow them in commercial and industrial zoning districts where pharmacies are permitted, or ban them.

During the second of two public hearings, staff recommended a ban, although the Planning and Zoning Board recommended denial of the ban at its July 20, 2017 meeting.

Council members expressed concerns about the inability to regulate operations of the dispensing facilities, such as hours of operation, lighting, signage and possible cultivation and processing.

Ultimately, The City Council voted 4-1 (Councilman Weinroth dissenting) to approve Ordinance 5415 with two amendments. The zoning code of ordinances will prohibit medical marijuana treatment center dispensing facilities in the City of Boca Raton, but staff will revisit the ban in one year. Additionally, Senate Bill 8-A will be a legislative priority for the City with the goal of providing clarification of the legislation and restoring the authority of municipalities to regulate the facilities within their cities.

Palm Beach County, Deerfield Beach and Boynton Beach have elected to allow medical marijuana treatment center dispensing facilities and Delray Beach has banned them. Boca Raton’s code amendment does not ban the delivery of medical marijuana within the City, it bans dispensing facilities within the City.

View Medical Marijuana Presentation (PDF)

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