Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4 authorize a limited number of dispensing organizations throughout the State of Florida to cultivate, process, and dispense low-tetrahydrocannabinol (low-THC) cannabis and medical cannabis for use by qualified patients suffering from cancer, terminal conditions, and certain chronic conditions. The dispensing organizations must be approved by the Florida Department of Health and, once approved, are subject to state regulation and oversight.

The intent of this article is to establish the criteria for the location and permitting of establishments that dispense low-THC cannabis or medical cannabis in accordance with Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4.

(Ord. No. 16-67, § 1, 7-6-16)

The provisions of this article shall be applicable in the unincorporated areas of Miami-Dade County. This article shall only be construed to allow the dispensing of low-THC cannabis or medical cannabis by a state-approved dispensing organization for medical use. The sale of cannabis or marijuana is prohibited in Miami-Dade County except in accordance with this article.

(Ord. No. 16-67, § 1, 7-6-16)

Except as provided herein, all terms shall be defined in accordance with this chapter and Section 381.986, Florida Statutes, as may be amended from time to time:

(A)

"Dispensing facility" refers to the building or structure where low-THC cannabis or medical cannabis, as well as cannabis delivery devices, are dispensed at retail.

(B)

"Dispensing organization" means an organization approved by the state to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis.

(C)

"Low-tetrahydrocannabinol cannabis" or "low-THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.

(D)

"Medical cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient.

(E)

"Medical use" means administration of the ordered amount of low-THC cannabis or medical cannabis. The term does not include the:

(1)

Possession, use, or administration of low-THC cannabis or medical cannabis by smoking; or

(2)

Transfer of low-THC cannabis or medical cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient's legal representative authorized to receive it on the qualified patient's behalf.

(3)

Use or administration of low-THC cannabis or medical cannabis:

i.

On any form of public transportation.

ii.

In any public place.

iii.

In a qualified patient's place of employment, if restricted by his or her employer.

iv.

In a correctional institution.

v.

On the grounds of any child care facility, preschool, or school.

vi.

On or in any vehicle, aircraft, or motorboat.

(Ord. No. 16-67, § 1, 7-6-16)

Only in accordance with the requirements of this article and the applicable zoning district, dispensing of low-THC or medical cannabis shall be permitted in: the BU-1, BU-1A, BU-2, BU-3, IU-1, IU-2, IU-3, and IU-C Zoning Districts; areas designated MC, MCS, MCI, and ID in an Urban Center or Urban Area District; and the DKUC and PLMUC Urban Center Districts. Where ancillary to cultivation or processing, dispensing of low-THC or medical cannabis shall also be permitted in the AU Zoning District; provided, however, that dispensing shall not be permitted in the area known as Horse Country, as identified in Resolution No. R-429-16.

(Ord. No. 16-67, § 1, 7-6-16)

Low-THC and medical cannabis dispensing facilities shall comply with the following requirements:

(A)

No low-THC or medical cannabis dispensing facility shall be located within:

(1)

1 mile from any other low-THC or medical cannabis dispensing facility;

(2)

1,000 feet of any child care facility, preschool, kindergarten, elementary school, middle school, junior high school, high school, or religious facility; or

(3)

500 feet of any property in an EU or RU Zoning District (except for RU-5A), or any area designated R in an Urban Center or Urban Area District.

(B)

Distances between low-THC or medical cannabis dispensing facilities shall be measured by drawing a straight between the front doors of the respective dispensing facilities.

The distance from a child care facility, preschool, kindergarten, elementary school, middle school, junior high school, high school, religious facility, or residential property shall be measured by following a straight line from the nearest point of the respective structure to the front door of the proposed dispensing facility.

The applicant shall furnish a certified survey from a registered engineer or surveyor, indicating the distance between the proposed dispensing facility and any existing low-THC or medical cannabis dispensing facility, child care facility, preschool, kindergarten, elementary school, middle school, junior high school, high school, religious facility, or residential property within the applicable radius. In case of dispute, the measurement scaled by the Director shall govern. The Director shall verify in writing receipt of the survey from the applicant, which shall serve as a reservation of said location by a state-approved dispensing organization to dispense low-THC or medical cannabis. Upon reservation, the applicant shall have 180 days to apply for a permit or certificate of use.

(C)

Dispensing of, payment for, and receipt of low-THC or medical cannabis is prohibited anywhere outside of the dispensing facility, including, but not limited to, on sidewalks, in parking areas, or in the rights-of-way surrounding the dispensing facility; provided, however, this provision shall not be construed to prohibit delivery of low-THC or medical cannabis to an eligible patient, as permitted by state law or rule.

(D)

Consumption of low-THC or medical cannabis or alcoholic beverages is prohibited onsite at the dispensing facility, including, but not limited to, in the parking areas, sidewalks, or rights-of-way surrounding the dispensing facility; provided, however, this provision shall not be construed to prohibit consumption associated with a dispensing facility employee, trained by a medical professional such as a doctor, nurse, pharmacist, or medical or physician's assistant, instructing an eligible patient on the mechanism of consumption of low-THC or medical cannabis, as permitted by state law or rule.

(E)

Irrespective of any statutory amendment, facilities dispensing low-THC or medical cannabis shall only be allowed to operate between the hours of 7:00 a.m. and 9:00 p.m. daily, as provided by Section 381.986, Florida Statutes, as of the effective date of Ordinance No. [Insert Ordinance No.].

(F)

A certificate of use shall be obtained for the low-THC or medical cannabis dispensing facility on an annual basis. The application for the certificate of use shall be made on a form prescribed by the Director.

(1)

The low-THC or medical cannabis dispensing facility must be established on the premises by a state-approved dispensing organization within 180 days of the date the certificate of use is issued; after 180 days, unless the time period is extended by the Director for good cause shown, the certificate of use shall be null and void and the applicant must re-apply.

(2)

The Department shall have the right to periodically inspect the premises of the dispensing facility at any reasonable time to ensure that the facility has a current and valid certificate of use, and to ensure compliance with the terms and conditions under which it was issued. Violators will be subject to all appropriate penalties, including revocation of the certificate of use.

(3)

Where, pursuant to Chapter 8CC of this Code, a civil violation notice relating to the dispensing of low-THC or medical cannabis has been issued and appealed by the alleged violator, the certificate of use shall not be renewed where the appeal has been pending for 180 days or more and the delay is attributable to the alleged violator. Where, pursuant to Chapter 8CC of this Code, determinations of guilt for three or more violations have been made, or the Nuisance Abatement Board has determined that a nuisance exists at the dispensing facility, the certificate of use shall be revoked immediately, and a new application may not be made within a period of 12 months.

(G)

Any use, created and established under this article in a legal manner, which may thereafter become legally nonconforming, may continue until there is an abandonment of said use. Once a legally nonconforming use is abandoned, it shall not be re-established unless it conforms to the requirements of this article. Abandonment shall consist of: a change of use or suspension of active business with the public for a period of at least 3 months; or a lesser time if a written declaration of abandonment is provided by the owner of the premises or, if the property is subject to a lease, by the owner and tenant thereof.

(H)

No certificate of use, license, or building or other permit shall be issued for a low-THC or medical cannabis dispensing facility where the proposed place of business does not conform to the requirements of this subsection.

(Ord. No. 16-67, § 1, 7-6-16)