CRESTVIEW — The City Council’s decision to look at the issue of medicinal marijuana has raised questions about the city’s plan and legality of moratoriums.
LOCAL STATUS
The council held a first reading of legislation to place a moratorium, or temporary ban, on all practices related to the growth, sale and distribution of medical marijuana. Council members unanimously passed Ordinance 1615.
The second reading of all ordinances must be completed before it is officially enacted, according to Florida Statutes. This will allow for public input regarding the proposed ordinance.
Passage of the legislation would impose a moratorium until Sept. 1, at which time the city would review state regulations and decide what further actions are necessary. The intent is to assess the effect the law will have on the community and zoning regulations.
STATE STATUS
Amendment 2 passed on Nov. 8, 2016, with over 71 percent of Florida voters approving of the legislation. The amendment became effective Jan. 3, 2017 and legalized medical marijuana for people with debilitating diseases or conditions.
However, the amendment created no regulations or guidelines for issuance of qualifying patient identification cards, qualifications for caregivers, registration of treatment centers, or quantity for qualified patients. The state has six months from the law’s effective date to establish such regulations.
TEMPORARY BAN'S LEGALITY
Florida Statutes doesn’t prohibit city or county governments from enacting moratoriums or bans. Therefore, the state’s lack of regulation opens the door for such bans at a local level.
Additionally, the Home Rule statute allows legislative discretion for the state’s various municipalities.
Crestview isn’t alone in seeking a ban on the substance; several other Florida counties and cities have enacted laws that restrict medicinal marijuana. Among them include Bay County, Panama City Beach, Gulf Breeze, Pasco County, Fernandina Beach, Jacksonville Beach, Marion County, Boca Raton, Delray Beach, Miami Beach, Orange County and others.
Most of the bans are four to six months and cite a lack of state regulation as the main purpose.
WHAT'S NEXT
Medicinal marijuana sits in legal limbo for a portion of the state despite its passage by voters. Florida has six months to establish regulations and guidelines pertaining to the practice, at which time residents shall have the ability to seek “judicial relief to compel compliance” if such rules aren’t put in place, according to the amendment.
Through the use of video conferences and home delivery, patients can still obtain medical marijuana even if their respective city or county lacks the proper resources. This process can bring additional cost burdens due to shipping and still be difficult.
Until the state establishes clear guidelines, it’s unclear how local municipalities will regulate the practice. In the meantime, yes, it is legal for cities such as Crestview to impose bans on medicinal marijuana.
This article originally appeared on Crestview News Bulletin: Can the city ban medical marijuana?