Medical marijuana has been used for thousands of years and has many health benefits, like helping with seizures, easing pain, and reducing nausea from chemotherapy. It’s also safer than opioids. In the past, the government has heavily regulated marijuana, but there have been changes over time. Robert Randall was arrested for growing marijuana to treat his glaucoma, but his lawsuit against the government led to a program allowing patients to receive medical marijuana. The program was later expanded to include HIV-positive patients, but was ultimately shut down by President George H.W. Bush. As public opinion on marijuana changed, the federal government took action to allow states to legalize medical marijuana. In Florida, the medical marijuana law was expanded in 2016 to allow more patients access to it. Before Senate Bill 8-A in 2016, local governments in Florida could make their own rules about growing and processing medical marijuana. But the state government took over that power, except for deciding how many medical marijuana treatment centers there could be and where they could be located. High school students wouldn’t be able to make rules about growing and processing medical marijuana, but they could still decide some things about where the treatment centers are and other small details. Counties and municipalities in Florida can make rules about where medical marijuana treatment centers can be located within their boundaries, as long as they follow state laws. They can’t completely ban these centers, but they can temporarily postpone them with a moratorium for less than a year. Some places in Florida have already done this. However, there is debate about whether a moratorium and the state law allowing it can both exist at the same time. The Florida Constitution says medical marijuana is legal and no one can get in trouble for using it, as long as they follow the rules. So, if a town or county makes a law saying no medical marijuana can be sold there, it goes against the Constitution and isn’t allowed. If every town and county in Florida did this, it would be a big problem. But the Constitution says medical marijuana should be available in all of Florida, so those laws would not be allowed. Many towns and cities in Florida have made rules about where and how many medical marijuana treatment centers (MMTCs) can operate. They did this because they want to make sure that it doesn’t cause problems for residents and businesses, like odors, increased crime, and fire hazards. They also want to make sure there aren’t too many MMTCs, which could make it harder to regulate and lead to improper use of the products. Why would a city or county make a law about where medical marijuana stores can be? If they don’t, stores that opened before the law would be allowed to stay open, even if the new law says they can’t. Making a law can also control where the stores are located, regulate their signs, bring in more money through taxes, and create jobs. Unfortunately, a new state law now says the state, not local governments, gets to decide the rules for growing, processing, and delivering medical marijuana. A new law in Florida says that cities and counties can decide to ban medical marijuana dispensaries within their borders. But if they don’t ban them, they can’t set limits on how many dispensaries can open. This law might not be fair because it doesn’t give cities and counties the power to make their own rules about dispensaries. It could be challenged in court. If your city or county wants to have medical marijuana treatment center (MMTC) dispensaries, you have two options. First, you can make a new law for where pharmacies can be and then make separate laws for where MMTC dispensaries can be. Or, you can just make a law for where MMTC dispensaries can be without making a law for where pharmacies can be. The new law regulates where medical marijuana dispensaries can be located. They can’t be within 500 feet of a school unless the local government approves it. This law takes power away from local governments, but it may change in the future. Medical marijuana has been used for a long time and has many health benefits. This source provides information about the history and legal status of medical marijuana in the United States. It discusses the benefits of medical marijuana in reducing opioid use for chronic pain and the laws and regulations surrounding its use. It also mentions some cases where people have been able to receive medical marijuana from the federal government. It’s a useful resource for understanding the legal background of medical marijuana in the U.S. and its potential benefits for chronic pain. Florida has legalized medical marijuana and defined medical marijuana treatment centers as entities that can grow, process, and sell marijuana to qualifying patients. Local governments, like counties and cities, have the power to decide if they want to allow these centers to operate within their boundaries. Some local governments have put temporary stops on allowing these centers to open, which is called a moratorium. One example is Okaloosa County, which passed an ordinance to stop medical marijuana centers from opening for a period of time. The Palm Bay City Attorney’s Office looked at the rules about medical marijuana in the biggest cities and counties in Florida. If a place isn’t listed here, you can check online to see what their rules are. Here are some of the places that do allow medical marijuana: Clearwater, Melbourne, Palm Coast, Pompano Beach, Tallahassee, Bradford County, Charlotte County, Clay County, Flagler County, Franklin County, Hamilton County, Highlands County, Jackson County, Lake County, Levy County, Madison County, Manatee County, Marion County, Miami-Dade County, Nassau County, Okaloosa County, Orange County, Palm Beach County, Pinellas County, Pasco County, Polk County, Putnam County, St. Lucie County, and Washington County. And here are some legal terms and references you can look up if you want to learn more. Florida’s Constitution has rules about marijuana dispensaries. Different cities and counties have their own laws about where dispensaries can be located. For example, Parkland and Sarasota have made laws about where dispensaries can be located. Other places like Deltona, Gainesville, and Miramar also have their own rules. It’s important for people to know the laws in their area if they want to open a marijuana dispensary. This article discusses the challenges marijuana businesses face in getting bank accounts and the expansion of medical marijuana laws in Florida. It also highlights the contributions of the City of Palm Bay’s legal team in making this article possible. The article is submitted by the City, County and Local Government Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/local-regulation-of-medical-marijuana-in-florida/
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