§ 6.11.127. Medical Marijuana Dispensing Facilities

A.

Intent. Florida law, including Section 381.986, Florida Statutes, provides for a comprehensive state licensing and regulatory framework for the cultivation, processing and dispensing of marijuana for medical uses. The purpose of this section is to establish land development regulations for Medical Marijuana Dispensing Facilities consistent with Florida law.

B.

Applicability. The provisions of this section shall be applicable in the unincorporated areas of Hillsborough County. This section shall only be construed to allow the dispensing of low-THC cannabis and Medical Marijuana for medical use. The sale of cannabis or marijuana is prohibited in Hillsborough County except in accordance with this section and the Hillsborough County Code of Ordinances.

C.

Definitions.

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

1.

"Medical Marijuana Dispensing Facility" means any establishment where low-THC or Medical Marijuana is permitted to be dispensed at retail pursuant to any applicable state law.

2.

"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.

3.

"Medical Marijuana" 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 for medical use by an eligible patient in accordance with any applicable state law.

4.

"Medical use" means administration of a physician-ordered amount of low-THC cannabis or Medical Marijuana.

D.

Zoning districts where Medical Marijuana Dispensing Facilities allowed by conditional use.

Dispensing of Medical Marijuana shall be permitted as a conditional use in the CN, CG, CI and M zoning districts, only in accordance with the requirements of this article and the applicable zoning district. Dispensing of Medical Marijuana shall be permitted as an Accessory Use in the BPO, UC-1 and UC-2 zoning districts, subject to conditional use approval pursuant to the requirements of this section, and subject to compliance with Sec. 6.11.03. An application fee shall not be required for a conditional use application for a medical marijuana dispensing facility.

E.

Zoning requirements for dispensing facilities.

A medical marijuana dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless a waiver has been granted pursuant to subsection (F) of this section.

Distances required under this subsection shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.

The applicant shall furnish a certified survey from a Florida registered engineer or surveyor, performed within 30 days prior to application submittal, indicating the distance between the proposed dispensing facility and any existing public or private elementary school, middle school, or secondary school within the applicable radius. In case of dispute, the measurement scaled by the Administrator shall govern.

F.

Waiver of Required Distance.

1.

Generally.

In the event that the Medical Marijuana Dispensing Facility Conditional Use Permit application does not meet the distance requirements of subsection (F), the applicant shall have the right to apply for a waiver of the proximity requirement(s).

2.

Special Use.

A waiver shall be a special use as prescribed by Section 6.11.01.B. Waiver applications shall be considered by the Land Use Hearing Officer pursuant to Section 10.02.00.

3.

Criteria.

The Land Use Hearing Officer shall consider whether the applicant has satisfied each of the following criteria in connection with each waiver application:

a.

The location promotes the public health, safety, and general welfare of the community;

b.

Special or unique circumstances exist such that the proposed use does not have significant negative impacts on surrounding land uses; and,

c.

Certain circumstances exist such that the necessity for the specified distance requirement is negated.

4.

Examples.

Examples of circumstances that may be considered in support of a waiver request include, but are not limited to, the following. However, the presence of any such circumstances shall not guarantee approval of the requested waiver.

a.

The proposed Medical Marijuana Dispensing Facility is located in a shopping center or other non-residential development which has a wall, natural feature or other travel barrier separating it from the public or private elementary school, middle school or secondary school, resulting in a normal route of travel between the proposed Medical Marijuana Dispensing Facility use and public or private elementary school, middle school or secondary school which meets or exceeds the required separation distance.

b.

A building containing non-residential use(s) is located between the proposed Medical Marijuana Dispensing Facility and the public or private elementary school, middle school or secondary school.

G.

Procedures.

If a waiver is sought, the following procedures must be followed:

a.

The applicant must provide, in writing, the justification for the granting of the waiver which shall consist of an explanation of how the criteria provided in subsection (F)(3) are met as to each requested waiver; and

b.

The applicant shall notify each of the administrators or owners of each public or private elementary school, middle school or secondary school within the established distance requirements for the requested Medical Marijuana Dispensing Facility Conditional Use Permit of the date and time of the hearing at which the waiver request will be heard, and that a Medical Marijuana Dispensing Facility Waiver of Required Distance is requested. Said notice shall be sent by proof of mailing no later than 20 days after the cut-off date for filing a special use application pursuant to section 10.02.00.

H.

Administrative Revocation of Medical Marijuana Dispensing Facility Conditional Use Permit based on material false statements or misrepresentations. Pursuant to Section 11.06.04(B) of this Code, the Administrator may revoke any Medical Marijuana Dispensing Facility Conditional Use Permit upon his or her determination that the application for the permit included false statements or misrepresentations of material facts upon which the approval of the permit was based.

(Ord. No. 17-7, § 2(Exh. A), 3-7-17, eff. 3-13-17; Ord. No. 17-28, § 2(Exh. A), 10-19-17, eff. 10-26-17)