Florida Counties Blocking Medical Marijuana Dispensaries

Blocking Medical Marijuana
Dispensaries in Florida

We expect a Constitutional law fight to prevent Florida locals from trying to ban the establishment of dispensaries. Here is a partial list of Florida counties trying to block the licensing and establishment of Medical Marijuana Dispensaries as of this date:

Manatee County, Florida Pasco County, Florida Hillsborough County, Florida Walton County, Florida Pinellas County, Florida

Note One small beach community, Indian Shores has imposed an 18-month delay. Medical Marijuana Moratorium Story from Florida.

Allowing Medical Marijuana Dispensaries

• Sarasota County, Florida
• Brevard County, Florida
• Okaloosa County, Florida
• Santa Rosa County, Florida

Preemption Under the Florida Constitution

“Local governments and the Legislature may legislate concurrently in areas unless there is an express state preemption, but an ordinance ‘must not conflict with any controlling provision of a statute.’”

“Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.”

Supremacy Clause Rules in Federal Disputes

“The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law.”

Source: https://en.wikipedia.org/wiki/Supremacy_Clause
http://wfla.com/2016/12/05/multiple-counties-fight-to-ban-medical-marijuana-dispensaries/
https://www.flsenate.gov/UserContent/Session/2011/Publications/InterimReports/pdf/2011-212cj.pdf
http://www.leg.state.fl.us/statutes/index.cfm?submenu=3#A8
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220