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HomeMy WebLinkAboutAgenda Item Summary Forme,,.„A„ * AGENDA ITEM SUMMARY FORM � File ID: #13924 Og4 Date: 04/27/2023 Requesting Department: City Commission Commission Meeting Date: 04/27/2023 Sponsored By: Manolo Reyes District Impacted: Type: Resolution Subject: Supporting House Bill 1475 and Senate Bill 1676 Safeguards on Hemp Products Budget Impact Analysis Total Fiscal Impact: Reviewed By City Commission Maricarmen Lopez Meeting Completed 04/27/2023 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 04/28/2023 12:50 PM Office of the City Attorney Juan Carlos Perez ACA Review Completed 05/04/2023 6:07 PM Office of Management and Budget Marie Gouin Budget Review Completed 05/04/2023 6:58 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/14/2023 11:40 AM Office of the City Clerk City Clerk's Office Rendered Completed 06/15/2023 4:53 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0208 File Number: 13924 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. 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 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: 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 SB 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 i ria i ndez, Cify Attor iey 6/14/2023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.