Transcript 2016-03-01 Discussion Florida Compassionate Medical Cannabis

Health Services Department
Florida Compassionate
Medical Cannabis Act of
2014
March 1, 2016
Presentation Outline
 Update on Florida Compassionate
Medical Cannabis Act
 Staff Workgroup
 Proposed Zoning Ordinance
 Human Resources Issues
 Next Steps
Compassionate Medical Cannabis Act
“Charlotte’s Web” Update
Brief History:
SB1030 was approved by the FL legislature
and signed by Governor June 18, 2014
 Patients suffering from cancer, epilepsy or
other medical conditions producing
seizures
 Allows patients and legal representative to
possess & purchase low-THC cannabis
 Creates standard of care
Compassionate Medical Cannabis Act
“Charlotte’s Web” Update
 Creates registry for physicians, law
enforcement and dispensers
 Requires physicians to complete 8-hour
course by FMA or FOMA
 DOH will authorize five dispensing
organizations
 30 years in business
 Ability to grow 400,000 plants
 Creates penalties
Department of Health Timeline
 June 2014:
Compassionate Use Act
signed into law
 June/July 2014: DOH Rule Workshop
 Aug/Sept 2014: Public Hearing on
Proposed Rule
 Sept 2014:
Rule Challenge from
Growers
 Nov 2014:
Final order invalidating
DOH rules
 Dec 2014:
Rule Development Workshop
Timeline (Continued)
 Jan 2015:
 Feb 2015:
 Feb 2015:
 March 2015:
 May 2015:
 July 2015:
 Aug 2015:
 Nov 2015:
Negotiated Rulemaking
Announced
Negotiated Rulemaking
Sessions
DOH published Notice of
Proposed Rule
Rule Challenge by Growers
Rules Upheld
Accepted Applications
Graders Chosen
Approved Dispensing
Organizations Announced
Compassionate Medical Cannabis Act
“Charlotte’s Web” Update
Rule Workshop and Application Changes
 Removed public lottery to select dispensing
organizations
 Dispensing organizations had to include
ability to obtain zoning approval in
application
 Applicants could propose dispensaries in
other areas than the cultivation and
processing area
Five Dispensing Organizations Selected
Approved Nurseries and Petitioners
Presentation Outline
 Update on Compassionate Use of
Medical Marijuana Act
 Staff Workgroup
 Proposed Zoning Ordinance
 Human Resources Issues
 Next Steps
Staff Workgroup
 Reconvened Staff Workgroup- Zoning, County
Attorney’s Office, Health Services, Human
Resources, Risk Management & Drug Free Office
 Focus – Zoning and Human Resources Issues
 Met with law enforcement
 Reviewed county zoning regulations
 Reviewed other local ordinances & county’s
pain management clinic ordinance
Presentation Outline
 Update on Compassionate Use of
Medical Marijuana Act
 Staff Workgroup
 Proposed Zoning Ordinance
 Human Resource Issues
 Summary
Proposed Zoning Ordinance
 Definitions Proposed
• Cultivation Facility – any area in
unincorporated Orange County designated in
the application to DOH for cultivation of lowTHC cannabis
• Dispensing Facility – any area in
unincorporated Orange County designated in
the application to DOH for dispensing of lowTHC cannabis
• Dispensing Organization – organization required
to be approved by DOH
Proposed Zoning Ordinance
 Definitions Proposed
• Low-THC Cannabis – plant of genus cannabis,
dried flowers of which contain 0.8% or less
of THC and more than 10% of cannabidiol
weight for weight
• Processing Facility – any area in unincorporated
Orange County designated in the application to
DOH used for processing low-THC
Proposed Zoning Ordinance (cont’d)
 Cultivation Facility
• Zoning District: Agriculture 1 Zoning and
Agriculture 2 Zoning with conditions
 Conditions:
• Required to obtain building/use permit
• Prohibited from parking overnight at
residence or in residentially zoned-area
Proposed Zoning Ordinance (cont’d)
 Processing Facility
• Zoning District: Industrial 2/3 Zoning and
Industrial 4 Zoning with conditions
 Conditions:
• Required to obtain building/use permit
• Prohibited from parking overnight at
residence or in residentially zoned-area
Proposed Zoning Ordinance (cont’d)
 Dispensing Facility
• Zoning District: Industrial 2/3 Zoning and
Industrial 4 Zoning with conditions
 Conditions:
• Required to obtain building/use permit
• Separation Distance – 1,000 feet
 Another dispensing facility
 Daycare center/home
 Religious institution
 Schools
Proposed Zoning Ordinance (cont’d)
 Conditions Continued:
• Parking must meet code requirements for
retail standards – no queuing of vehicles
• No overnight parking at residence or in
residentially zoned area
• No loitering, no drive thru, no consumption of
alcohol or low-THC cannabis on-site
• Restriction of hours
 Monday – Friday 7am-7pm
 Saturday and Sunday 7am – 12noon
Proposed Zoning Ordinance (cont’d)
 Conditions Continued:
• Regulate signage and building color
 Signage – must meet sign code (Ch. 31.5); no
changeable copy, electronic message centers or
pole signs
 Building exterior limited to single color
• Must have security personnel and comply with
security measures set forth in DOH application
• Compliance with other federal, state and local
regulations
Eligible Zoning IND-2/IND-3 and IND-4
After Applying 1000' Buffer of:
Schools, Daycare Facilities, Churches and Dispensing Facility
Also Buffers of the Tourist District and 1 Mile East of Universal Blvd
Presentation Outline
 Update on Compassionate Use of
Medical Marijuana Act
 Staff Workgroup
 Proposed Zoning Ordinance
 Human Resources Issues
 Next Steps
Human Resource Issues
 County’s Drug and Alcohol Use Policy
• Applies to Illegal/Prescription Drugs & Alcohol
• Applies to all Employees
 Non-Bargaining and Bargaining
• Applies to Candidates for Employment
• Prohibits Unlawful






Manufacture
Sale
Distribution
Dispensation
Possession
Use
• Prohibits being under the influence of drugs/alcohol in
workplace, on County property or during County
activities
Human Resource Issues
County’s Drug and Alcohol Testing Procedures
 Types of Testing
• Post-Offer Employment
• Random required by Federal Law
 Commercial Driver’s License (CDL)
• Random allowed by Bargaining Unit Agreements
• Post Accident
• Reasonable Suspicion
 Confirmed Positive Test Result is Grounds for
Termination
Human Resource Issues
 County’s Drug and Alcohol Use Policy complies
with Florida Drug-Free Workplace Act (FS
112.0455)
• Requires:
 Written Policy
 EAP
 Employee Education
 Supervisor Training
 Drug Testing
Human Resource Issues
 Low-THC Marijuana Considerations/Federal
Law
• Though legalized by State of Florida for certain
medical uses, federal law still classifies
Marijuana as a Schedule I drug with no legal
use
Human Resource Issues
 Department of Transportation (DOT) – Office of
Drug Control Policy and Compliance
• DOT has not changed its regulated drug testing
program
• 49CFR Part 40 – does not authorize “medical
marijuana” under a state law to be valid explanation
for transportation employee’s positive test results
• Medical Review Officers will not verify a drug
test as negative based upon physician
recommending employee use medical marijuana
Human Resource Issues
 Americans with Disabilities Act (ADA)
• Does not require employers to allow marijuana use
as a reasonable accommodation even if employee
is a registered medical marijuana patient
 Marijuana classified as illegal drug under Controlled
Substance Act
Human Resource Issues
 Recommendation
• Maintain current drug-free workplace policy
• Inform workers compensation doctors of
county’s drug-free workplace policy
• Develop Communications Plan for
Compassionate Use of Medical Marijuana –
 Countywide memo to managers & employees
• Restating county’s drug-free workplace policy
• Publish and Distribute Frequently Asked Questions
• Segment on Orange TV – HR in the Loop
Presentation Outline
 Update on Compassionate Use of
Medical Marijuana Act
 Staff Workgroup
 Proposed Zoning Ordinance
 Human Resources Issues
 Next Steps
Next Steps
 Schedule Local Planning Agency Work Session
and Public Hearing on Proposed County Zoning
Ordinance
 Continue to Monitor Local Ordinances & DOH
Challenges
 Develop County Communications Plan
Health Services Department
Florida Compassionate
Medical Cannabis Act of
2014
March 1, 2016