HomeMy WebLinkAboutR-21-0162City of Miami
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Legislation
Resolution: R-21-0162
File Number: 8912
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/22/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR
EQUITY, INCLUDING THE FILING OF A DECLARATORY ACTION, TO SEEK
CLARIFICATION ON ANY CONFLICTS BETWEEN THE FEDERAL
CONTROLLED SUBSTANCES ACT OF 1971 AND FLORIDA LAW
CONCERNING THE SALE, POSSESSION, AND DISTRIBUTION OF
MARIJUANA.
WHEREAS, Section 381.986(11), Florida Statutes, provides that a municipality may, by
ordinance, ban medical marijuana treatment center dispensing facilities from being located within
the boundaries of the municipality and that a municipality that does not ban such a facility may
not place specific limits, by ordinance, on the number of such facilities located within the
municipality; and
WHEREAS, Section 381.986(11), Florida Statutes, further provides that a municipality
may determine, by ordinance, the criteria for the location of and other permitting requirements
that do not conflict with State law or department rule for medical marijuana treatment center
dispensing facilities located within the boundaries of the municipality; and a municipality may not
enact ordinances for permitting or for determining the location of such facilities that are more
restrictive than its permitting or locations for pharmacies licensed under Chapter 465, Florida
Statutes, except that such facilities may not be located within 500 feet of a public or private
elementary, middle, or secondary school unless the municipality approves the location through
a formal proceeding open to the public at which the county or municipality determines that the
location promotes the public health, safety, and general welfare of the community; and
WHEREAS, while marijuana for medical purposes is allowed by State law under Section
381.986, Florida Statutes, marijuana remains illegal under federal law because it remains
classified as a Schedule I drug by the Drug Enforcement Administration under the Controlled
Substances Act of 1971 ("Act"); and
WHEREAS, Congress chose to preempt state law to the extent that it "positively
conflicts" with a provision of the Act as shown in Section 903 which provides:
No provision of this subchapter shall be construed as indicating an intent on the
part of the Congress to occupy the field in which that provision operates,
including criminal penalties, to the exclusion of any State law on the same
subject matter which would otherwise be within the authority of the State, unless
there is a positive conflict between that provision of this subchapter and the State
law so that the two cannot consistently stand together; and
WHEREAS, potential adverse impacts on the health, safety, and welfare of residents
and businesses from secondary effects associated with the sale and distribution of marijuana
exist; and
City of Miami Page 1 of 2 File ID: 8912 (Revision:) Printed On: 412812021
File ID: 8912
Enactment Number: R-21-0162
WHEREAS, marijuana dispensing facilities are unable to obtain banking services and
are generally required to operate on a cash only basis which may cause such businesses, their
employees, and their patrons to become targets for violent crimes; and
WHEREAS, the uncertainty regarding the conflict between State law and the Act should
be resolved prior to the City of Miami ("City") taking any action on authorizing marijuana
dispensaries in the City; and
WHEREAS, it is in the best interest of the City to resolve this issue in a court of
appropriate jurisdiction;
NOW, THREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Attorney to take any and all
actions necessary, in law or equity, including the filing of a declaratory action, to seek
clarification on any conflicts between the Act and State law concerning the sale, possession,
and distribution of marijuana.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naldez, Ufy Attor iey 4/1312021
City of Miami Page 2 of 2 File ID: 8912 (Revision:) Printed on: 412812021