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(Second Reading) AN ORDINANCE AUTHORIZING THE OPERATION OF MEDICAL CANNABIS DISPENSING SITES WITHIN THE CITY OF FOLEY
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WHEREAS, in the 2021 legislative session the Alabama Legislature passed Act. No. 21-450 (the “Act”), legalizing and creating a regulatory framework for medical cannabis; and
WHEREAS, the Alabama Legislature made a number of findings of fact, including:
“Medical research indicates that the administration of medical cannabis can successfully treat various medical conditions and alleviate the symptoms of various medical conditions.”
“There are residents in Alabama suffering from a number of medical conditions whose symptoms could be alleviated by the administration of medical cannabis products if used in a controlled setting under supervision of a physician licensed in this state.”
“Establishing a program providing for the administration of cannabis derivatives for medical use in this state will not only benefit patients by providing relief to pain and other debilitating symptoms, but also provide opportunities for patients with these debilitating conditions to function and have a better quality of life and provide employment and business opportunities for farmers and other residents of this state and revenue to state and local governments;” and
WHEREAS, the Act provides for the medical use of medical grade products that contain a derivative of cannabis by a registered qualified patient; and
WHEREAS, this Act requires that the governing body of a municipality must first adopt an ordinance to authorize the operation of dispensing sites within the corporate limits of the municipality before any such business can operate in the municipality; and
WHEREAS, the Act has become law and codified as Code of Alabama, §§ 20-2A-1, et seq.; and
WHEREAS, the City of Foley wishes to authorize the operation of medical cannabis dispensing sites within the corporate limits of the City of Foley subject to zoning, business license, and other revenue and police power requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA that, in accordance with Alabama Code, Section 20-2A-51, a holder of a license granted by the State of Alabama pursuant to Act 21-450 is hereby authorized to operate a medical cannabis dispensing site within the corporate limits of the City of Foley, subject to the provisions of Act 21-450 and state law, and further subject to any relevant provisions of the Code of the City of Foley, including applicable zoning restrictions, business license requirements, and similar matters.