Medical marijuana establishments are regulated under state law (F.S. Ch. 381.986). Medical marijuana related businesses that involve growing, processing or dispensing medical marijuana must be associated with a state licensed medical marijuana treatment center (MMTC). The licensed MMTC will be allowed to operate in Pompano excluding the operation of medical marijuana dispensaries, which are prohibited in the City of Pompano Beach per § 115.28.
A. Medical Marijuana Health Care Establishment
1. Districts where permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
S | S |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
S | S | P |
2. Definition
A medical marijuana health care establishment is a physician's office where the primary medical services offered is diagnosis of a qualifying medical condition and the processing of physician certifications, (which means a qualified physician's authorization for a qualified patient to receive marijuana and related devices); patient care; and ordering of medical marijuana for qualified patients. Exterior advertising or signage or documentation from the Florida Department of Health may be used in determining if a physician's office will be classified as a medical marijuana health care establishment. Physicians qualified to prescribe marijuana are defined by the state (2017 SB 8-A) and are not permitted to be associated with a licensed MMTC.
3. Standards
A medical marijuana health care establishment shall comply with the following standards:
a. A medical marijuana health care establishment shall comply with all of the use specific standards for a specialty medical facility listed in § 155.4209.B.3.
b. On-site dispensing of medical marijuana is prohibited.
B. Medical Marijuana Treatment Center (MMTC) Related Industrial Establishment
1. Districts Where Permitted
RS-1 | RS-2 | RS-3 | RS-4 | RS-L | RD-1 | RM-7 | RM-12 | RM-20 | RM-30 | RM-45 | MH-12 | B-1 | B-2 | B-3 | B-4 |
M-1 | CR | I-1 | I-IX | OIP | M-2 | TO | PR | CF | PU | T | BP | RPUD | PCD | PD-TO | LAC | PD-1 |
S | S | S | P |
2. Definition
A medical marijuana treatment center related industrial establishment must be licensed by the state as an MMTC and is an establishment engaged in indoor industrial uses involving medical marijuana including: the indoor planting, growing, harvesting, drying, cleaning, curing, packaging and extraction of active ingredients to create cannabis related products and concentrate within a fully enclosed structure; the use may include analytical and testing services for medical marijuana dispensing organizations, including laboratory functions to ensure the products are safe for use/consumption and the labeled potency is accurate; or the storage and/or wholesale distribution of medical marijuana products.
3. Standards
A medical marijuana treatment center related industrial establishment shall comply with the following standards:
a. No retail sales (dispensing) shall be permitted.
b. Separation. In accordance with state law (F.S. Ch. 381.986), a medical marijuana treatment center related industrial establishment shall be separated by 500 feet from a public or private elementary school, middle school or secondary school.
c. No outdoor uses, including but not limited to outdoor growing or outdoor storage, shall be permitted.
(Ord. 2018-21, passed 1-9-18)