HomeMy WebLinkAboutR-23-0208°xCity of Miami
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Resolution R-23-0208
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Legislation
File Number: 13924
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING HOUSE
BILL ("HB") 1475 AND SENATE BILL ("SB") 1676 AND ANY SIMILAR
LEGISLATION THAT WILL IMPOSE SAFEGUARDS ON HEMP PRODUCTS
THROUGHOUT THE STATE OF FLORIDA; URGING GOVERNOR RON
DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT SAID LEGISLATION; DIRECTING THE CITY MANAGER TO
INCLUDE SUPPORT TO SB 1676 AND HB 1475 TO THE CITY OF MIAMI'S
2023 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS
NAMED HEREIN.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") has seen a significant increase in business
establishments and mobile smoke shops that offer hemp extract products, marketed as a legal
alternative to Cannabis that contain some level of euphoric -inducing compound and packaged
to attract consumption of the products by minors; and
WHEREAS, "hemp" is defined as the plant Cannabis sativa L. and any part of that plant,
including seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers
thereof, whether growing or not, with a delta-9 tetrahydrocannabinol ("THC") concentration that
does not exceed 0.3 percent on a dry weight basis; and
WHEREAS, hemp and marijuana are both grown from the Cannabis sativa L. plant
however they are different varieties that have been genetically bred and grown for different uses
and various forms, including, but not limited to, oils, lotions, and gummies; and
WHEREAS, since the passage of the 2018 Farm Bill and approval of the state hemp
program, various other cannabinoid products have appeared in the retail marketplace; and
WHEREAS, while such cannabinoids can naturally occur within the cannabis plant,
certain cannabinoids such as delta-8 THC are not found in significant amounts and must be
synthetically derived from cannabidiol ("CBD"); and
WHEREAS, the United States Food and Drug Administration ("FDA") has issued a
warning stating delta-8 THC products have not been approved by the FDA for safe use; and
WHEREAS, the Center for Disease Control and Prevention ("CDC") has sent a Health
Alert Network (HAN) Health Advisory alerting public health departments and the public about
the increased availability of cannabis products containing delta-8-THC and the potential for
adverse events due to insufficient labeling of products containing THC and CBD; and
City of Miami Page 1 of 3 File ID: 13924 (Revision:) Printed On: 612012023
File ID: 13924 Enactment Number: R-23-0208
WHEREAS, the CDC recommends that all CBD and THC products are kept in childproof
containers and are placed out of reach of children due to the unknown effect of such products
on children; and
WHEREAS, the alarming rise in delta-8 THC available in hemp products has increased
the availability of psychoactive products and variations in product content, manufacturing
practices, labeling, and misunderstanding of the psychoactive properties of delta-8 THC may
lead to unexpected effects among consumers; and
WHEREAS, on March 3, 2023, Representative Will Robinson filed House Bill ("HB")
1475 to provide for better regulations in the hemp industry and safeguards to make products
suitable for human consumption by adults; and
WHEREAS, on March 3, 2023, Senators Colleen Burton and Ana Maria Rodriguez filed
Senate Bill ("SB") 1676 as a companion bill in the Senate proposing the same matter as HB
1475; and
WHEREAS, HB 1475 and SB 1676 revises the definition of hemp to specify that hemp
extract may not exceed 0.3 percent total delta-9 THC on a wet weight basis; and
WHEREAS, HB 1475 and SB 1676 specifies that synthetically derived cannabinoids are
not included in the definition of hemp and revises the definition of hemp extract to include snuff,
chewing gum, and smokeless products derived from or containing hemp, but specifies the term
does not include cannabinoids that are synthetically derived; and
WHEREAS, HB 1475 and SB 1676 requires any hemp extract that will be distributed and
sold in the state to have come from a batch that was processed in a facility that holds a current
and valid permit issued by a human health or food safety regulatory entity with authority over the
facility, and that meets the human health or food safety sanitization requirements of the
regulatory entity; and
WHEREAS, HB 1475 and SB 1676 specifies that hemp extract may only be sold to a
business in the state if that business is properly permitted; and
WHEREAS, HB 1475 and SB 1676 specifies that hemp extract products for human
ingestion may not be sold to anyone under 21 years of age; and
WHEREAS, it is in the best interests and welfare of the residents of the City to support
the Florida Legislature to regulate the distribution, sale, marketing, and packaging of hemp
products; and
WHEREAS, the City Commission urges the Florida Legislature to vote in favor HB 1475
and SB 1676 and any similar legislation that will impose safeguards on hemp products
throughout the State Of Florida in the best interest of its community; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 2 of 3 File ID: 13924 (Revision:) Printed on: 6/20/2023
File ID: 13924
Enactment Number: R-23-0208
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission hereby supports HB 1475 and SIB 1676, and any
similar legislation that will impose safeguards on hemp products throughout the State of Florida.
Section 3. The City Manager is hereby directed to include opposition to SIB 1676, HB
1475, and any similar legislation (collectively "Legislation") to the City's 2023 Legislative
Priorities.
Section 4. The City Commission urges Governor Ron DeSantis ("Governor") and the
members of the Florida Legislature to support the Legislation.
Section 5. The City Clerk is directed to transmit a certified copy of this Resolution to the
Governor; Lieutenant Governor Jeanette M. Nunez; the Members of the Florida Cabinet;
President of the Senate; Speaker; the members of the Miami -Dade County Legislative
Delegation; and the City Clerks of all municipalities within Miami -Dade County.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, ity ttor ey 6/1412023
City of Miami Page 3 of 3 File ID: 13924 (Revision:) Printed on: 612012023