PLANNING ANALYSIS
In 2019, the Florida Legislature established Section 581.217, Florida Statutes which created the State Hemp Program; this Program provides that Hemp is not a controlled substance. The statute defines Hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.” While hemp is associated with cannabis, because the tetrahydrocannabinol (THC) is below 0.3 percent, it does not have the same psychoactive effect typically associated with cannabis.

Since the creation of the State Hemp Program, there has been a significant rise in the number of retail stores selling hemp derived products, including CBD oils and smoking products. The association these products have with marijuana has had a negative impact on many of the City’s neighborhoods. This potentially makes these areas undesirable for other types of businesses and to residents and tourists.

Because Hemp is not a controlled substance, it can only be regulated as dietary supplement or vitamin. Therefore, to address the concerns related to a proliferation of such stores, it is suggested that an Ordinance amendment be drafted with the following provisions:

1. Amend section 114-1 of the Land Development Regulations (LDR’s) to create a definition for “vitamin shop” as follows:

Vitamin shop means any commercial establishment where the primary use is selling one or more of the following products: health supplements, including vitamins, nutritional supplements, dietary supplements, consumable hemp products, or performance enhancers.”

2. Establish Division 12, to be entitled “Vitamin Shops” under Chapter 142, Article V, of the LDR’s entitled “Specialized Use Regulations,” as follows:

a. Create regulations for vitamin shops where they are the primary use.

b. Establish a minimum distance separation requirement of 1,200 feet between vitamin shops.

c. Establish a minimum distance separation requirement of 500 feet between vitamin shops and schools.

d. Create standards for determining distance separation requirements.

e. Create regulations where vitamin shops are an accessory use to another type of commercial establishment. In such a situation, the vitamin shop goods would need to occupy less than 50 percent of the establishment’s floor area. Where the vitamin shop is an accessory use, the establishment would not be subject to the distance separation requirements; however it would be subject to the following additional requirements:

i. Exterior signage would be prohibited related to the vitamin shop use and related products.

ii. Vitamin shop merchandise must not be visible from public rights-of-way.

3. Amend section 142-335 (b) of the LDR’s, pertaining to prohibited uses in the CD-3 district fronting Lincoln Road between Alton Road and Collins Avenue, to add “vitamin shops” to the list of prohibited uses.

4. Amend section 102-379 of the City Code to establish a vitamin shop business tax receipt (BTR) category.