News Update

No Medical Marijuana Dispensaries in WP

On June 9, 2017, the Florida Legislature passed Senate Bill 8A (SB 8A), the Medical Use of Marijuana Act, designed to establish regulations for the implementation of Amendment 2, which allows the sale of medical cannabis in the state of Florida.

Political Banana Peel

In what Commissioner Peter Weldon called a “political banana peel thrown under our feet,” the law makes county and municipal governments choose. Either they must treat medical marijuana dispensaries exactly the same way they treat pharmacies or they must ban them altogether.

Dispensaries Banned – For Now

On Monday, July 24, the Commission voted 4-1 to pass an ordinance banning medical cannabis dispensaries from the City of Winter Park. Commissioner Sarah Sprinkel cast the dissenting vote.

Medical Marijuana Supporters Seek to Overturn Law

Meanwhile, proponents of medical marijuana dispensaries are asking the courts to overturn the state law. If they are successful, adoption of the City ordinance automatically establishes a one-year moratorium, which would give the City time to understand the impact of the court ruling and to devise an alternative ordinance that would be in full compliance.

Editor’s Note: Readers wishing to comment on this latest development should scroll to the end of the full story and click the Comment link there.

Will of the Voters – Up In Smoke?

State Rules Restrict Medical Marijuana in FL Cities

July 26, 2017 / by Anne Mooney

At a special work session July 25, the Planning & Zoning (P&Z) Board moved to request the Commission enact an ordinance “to prohibit medical marijuana treatment center dispensing facilities within the boundaries of the city . . . .”

If the Commission passes it, this ordinance will repeal and replace a 2014 ordinance, No. 2981-14, which would have permitted dispensaries of non-euphoric medical cannabis in limited industrial and warehouse districts within the city.

Winter Park is among 88 municipalities and four counties (Osceola, Sumpter, Hernando and Columbia) considering prohibitions, moratoriums or other restrictions on medical marijuana dispensaries.

Voters Want Medical Cannabis

On the November 8, 2016, ballot, Florida voters approved the Florida Medical Marijuana Legislation Initiative, also known as Amendment 2, with a decisive 71.3 percent of the vote. The measure went into effect January 3, 2017. The state legislature, however, neglected to establish the necessary rules and regulations for the implementation of Amendment 2 during their regular session.

House Speaker Wants to Make the Rules

House Speaker Richard Corcoran, however, objected to ceding power for making rules for implementation to the Florida Department of Health and called for a special legislative session to address medical marijuana legislation. “To just leave it to bureaucrats sitting over at the Department of Health,” he said, “I think would be a gross injustice.”

Gov. Scott: ‘Okay, Make the Rules’

On June 2, Governor Rick Scott called for a special session June 7 through June 9. He issued a statement, “Medical marijuana was approved by 71 percent of Florida voters in 2016, and I believe that it is the role of the Florida Legislature to determine how to best implement this approved constitutional amendment. I am glad that both the Florida Senate and House are moving toward crafting legislation to help patients, and I have added medical marijuana to the call for special session.”

Senate Writes the Rules . . .

On June 9, 2017, the Florida State Legislature passed Senate Bill 8A (SB 8A), the Medical Use of Marijuana Act, designed to establish regulations for the implementation of Amendment 2.

SB 8A defined the medical conditions that qualified a patient for medical marijuana. It placed a cap on the number of retail dispensaries and medical marijuana treatment centers until April 1, 2020. It banned smoking medical marijuana. It banned doctors with a financial interest in marijuana growing or testing facilities from prescribing marijuana. It levied no tax on medical marijuana.

Locals Implement the Rules . . .or Not

The law also gave local county and municipal governments a choice. Either they can regulate medical marijuana dispensaries exactly the same way they regulate pharmacies . . . or they can ban them.

In short, the only way to regulate them is to ban them completely.

Commission to Decide at July 24 Meeting.

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    By: Anne Mooney

    Anne Mooney has assumed the editorship of the Winter Park Voice from founding editor Tom Childers.

    Mooney got her start in New York as a freelance line editor for book publishers, among them Simon & Schuster and the Clarkson Potter division of Crown Books. From New York, she and her husband and their year-old toddler moved to Washington, D.C., where the two ran a newswire service for Harper’s magazine. “We called it Network News,” said Mooney, “because it was a network of the Harper’s writers, whose work we edited into newspaper style and format and sold to papers in the top U.S. and Canadian markets. We were sort of like a tiny UPI.”

    The newswire ceased operation with the death of Mooney’s first husband, but Mooney continued to write and edit, doing freelance work for Williams Sonoma cookbooks and for local publications in D.C.

    In 2005, Mooney moved to Winter Park, where she worked as a personal chef and wrote a regular food column for a south Florida magazine. She took an active interest in Winter Park politics and was there when the Winter Park Voice was founded. She wrote occasional pieces for the Voice, including the Childers bio that this piece replaces.

    The Winter Park Voice is one of a large number of “hyper-local” publications that have sprung up across the U.S. in response to the decline of the major daily newspapers and the resulting deficit of local news coverage. The Voice’sbeat is Winter Park City Hall, and its purpose is to help the residents of our city better understand the political forces that shape our daily lives.

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