A split Leesburg Commission approved an ordinance Monday night that will allow licensed medical marijuana dispensaries to operate within the city limits.
The vote was 3-2, with Mayor John Christian and Mayor Pro-Tem Elise Dennison voting against the ordinance.
The ordinance, which was heard in its second reading, allows dispensaries operated by medical marijuana treatment centers in commercial zoning districts to include C-1 (neighborhood commercial), C-2 (community commercial), C-3 (highway commercial), and where listed under permitted uses, planned unit development areas.
The dispensaries can’t be located within 500 feet of any public or private elementary, middle or high school unless the city’s planning commission grants a conditional use permit. The planning commission also will serve as the appeals board for any decision written by the city regarding the medical marijuana ordinance.
Prior to Monday night’s action, the city’s code had prohibited the establishment of dispensaries because marijuana was considered a Schedule 1 drug, meaning it was listed among those with the highest potential for abuse. And at the time the code was written, there were no accepted medical uses.
But commissioners voted to change the code because medical marijuana and is derivative products are now being touted as cures, supplements or pain-relieving agents for various conditions, including cancer, migraine headaches, nausea, arthritis, Post Traumatic Stress Disorder and Attention Deficit Disorder, to name a few.
A memorandum to commissioners from Planning and Zoning Manager Dan Miller and Deputy City Manager Mike Rankin also pointed out that the state of Florida passed legislation and approved a constitutional amendment legalizing the use of medical marijuana. And based on the approval of Amendment 2 in 2016, public opinion in Florida has been positive toward the use of medical marijuana and its various derivatives, the memo states.
The ordinance prohibits the sale, purchase, possession, distribution or ingestion of marijuana that’s not dispensed from a medical marijuana treatment center for medical use by a qualified patient. It also makes it unlawful to grow, farm or cultivate marijuana within the city limits.
