§ 2-25-80. [Temporary moratorium.]

(a)

Temporary Moratorium. The temporary moratorium previously enacted by Ordinance No. 16-49 is hereby extended on the establishment and operation of Medical Marijuana Dispensary Organizations and Medical Marijuana Treatment Centers (as referenced in Section 381.986, Florida Statutes and Constitutional Amendment 2 respectively) within the unincorporated areas of Manatee County for a period of (90) days through and including September 16, 2017. While the moratorium is in effect, the County shall not accept, process or approve, any application relating to the establishment or operation of a Medical Marijuana Dispensing Organization or Medical Marijuana Treatment Center. Nothing in this extension of the temporary moratorium shall be construed to prohibit the permitted use of medical marijuana or low THC cannabis by a qualified or eligible patient, as determined by a licensed Florida physician pursuant to Amendment 2, Section 381.986, Florida Statutes or other Florida law as applicable.

(b)

Definitions. For purposes of this temporary moratorium, the following definitions apply as these terms are used in this article:

(1)

"Medical marijuana treatment center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses or administers marijuana or products containing marijuana, related supplies, or education materials to qualifying patients or their caregivers and is registered by the Florida Department of Health.

(2)

"Dispensing organization" means an organization approved by the Florida Department of Health to cultivate, process, transport, and dispense low THC cannabis or medical cannabis pursuant to Section 381.986, Florida Statutes.

(3)

"Establishment" means development orders, development permits and any other official action of Manatee County permitting or having the effect of permitting the operation of medical marijuana treatment facilities or medical marijuana dispensing organizations, including without limitation: building permits, zoning compliance permits, administrative permits, certificates of occupancy, special permits, temporary use permits, site plans, subdivisions (preliminary and final plats), rezoning, development agreements, DRI (Development of Regional Impact), Comprehensive Plan Future Land Use Map amendments (site specific) and variances.

(c)

Effective Date. This article shall become effective as provided by law. The temporary moratorium as enacted by Ordinance No. 16-49 is hereby extended for a period of ninety (90) days measured from June 18, 2017, and expiring on September 16, 2017, unless the Board rescinds or extends the moratorium by subsequent ordinance.

(Ord. No. 16-49 , §§ 3—5, 12-13-16; Ord. No. 17-31 , §§ 3—5, 6-6-17)

Editor's note

Ord. No. 16-49 , § 3—5, adopted Dec. 13, 2016, set out provisions intended for use as § 2-25-45. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 2-25-80.