More than 79 percent of voters in Bradenton Beach voted in November 2016 to allow the use and sale of medical marijuana in the state — more than any other precinct in Manatee County.
However, the city is prohibiting medical marijuana dispensaries.
At a Jan. 5 meeting, the city commission unanimously approved the first reading of an ordinance to prohibit dispensing medical marijuana in the city.
City attorney Ricinda Perry drafted the ordinance, which includes a “backup” 180-day moratorium if the state repeals the right to prohibition.
More than 122,623 voters — 69 percent of the county electorate — voted “yes” for medical marijuana, and 54,980 voted “no.”
Voters in the three municipalities on Anna Maria Island approved the amendment with supermajority votes.
When commissioners began discussing medical marijuana after the amendment passed, they planned to draft a 180-day moratorium, similar to a county moratorium.
However, at the Dec. 1 meeting, Bradenton Beach Commissioner John Chappie suggested the city instead follow Anna Maria’s lead and ban medical marijuana dispensaries.
He said medical marijuana is illegal under federal law and federal law trumps state law.
Chappie motioned for Perry to draft an ordinance similar to the measure adopted in Anna Maria, banning the growing, cultivation, processing and sale of marijuana in the city.
The motion passed with a unanimous vote.
At the Jan. 5 meeting, Perry said even through the commission had nixed the moratorium in favor of a permanent ban, she included the moratorium because she is concerned that “this is still an unsettled situation.”
Perry said the prohibition may not hold up in court and she does not want to see the city enter a situation — similar to what is happening with short-term rental legislation — where it has no control.
“I tried to put the city in its best possible standing, should the prohibition not work,” Perry said. “Since there is not a Florida Supreme Court opinion on this subject matter yet, I wanted to have a backup plan to the prohibition.”
However, Perry said the ordinance could be challenged because it includes both a prohibition and moratorium.
If the court did not agree to the prohibition, Perry said she thinks the moratorium would stand on its own.
Chappie said he trusts Perry’s expertise and appreciates her recommendation.
Commissioners Ralph Cole and Marilyn Maro agreed with Chappie.
“We’ve got to cover our bases — there’s a lot of money at stake and people are going to come with lawyers ready to fight that fight,” Spooner said. “If this is the city’s wish, we need to be aware.”
“We need to do something and I think this is a good approach,” Mayor Bill Shearon said. “I agree that if we do nothing, this could end up like our rental situation.”
Chappie motioned to approve the first reading of the ordinance and set a public hearing and final reading for the next commission meeting.
The motion passed with a unanimous vote.
The next commission meeting will be at noon Thursday, Jan. 19, at city hall, 107 Gulf Drive N.