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File ID: #13956
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND
MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VII, TITLED
"RETAIL HEMP ESTABLISHMENTS AND SMOKE SHOPS," REGULATING
ESTABLISHMENTS ENGAGED IN THE SALE AND DISTRIBUTION OF HEMP
EXTRACT PRODUCTS AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS
AND STANDARDS, LABELING REQUIREMENTS FOR HEMP EXTRACT PRODUCTS
PURSUANT TO FLORIDA STATUTES, DISTRIBUTION AND SALES OF PRODUCTS
TO CUSTOMERS, DISTANCE REQUIREMENTS, WINDOWS, LIGHTING, SIGNAGE,
CLOSED-CIRCUIT VIDEO SURVEILLANCE SYSTEM, CAUSE FOR WARRANTS
PENALTIES, AND CUMULATIVE REMEDIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 13956 (Revision: A) Printed On: 7/3/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14180
File Number: 13956 Final Action Date: 6/8/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND
MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VII, TITLED
"RETAIL HEMP ESTABLISHMENTS AND SMOKE SHOPS," REGULATING
ESTABLISHMENTS ENGAGED IN THE SALE AND DISTRIBUTION OF HEMP
EXTRACT PRODUCTS AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS
AND STANDARDS, LABELING REQUIREMENTS FOR HEMP EXTRACT PRODUCTS
PURSUANT TO FLORIDA STATUTES, DISTRIBUTION AND SALES OF PRODUCTS
TO CUSTOMERS, DISTANCE REQUIREMENTS, WINDOWS, LIGHTING, SIGNAGE,
CLOSED-CIRCUIT VIDEO SURVEILLANCE SYSTEM, CAUSE FOR WARRANTS
PENALTIES, AND CUMULATIVE REMEDIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 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 File ID: 13956 (Revision: A) Printed On: 7/3/2025
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, these products present a great health risk to the life, safety, and welfare of
the residents of the City; and
WHEREAS, it is in the best interests of the residents of the City to regulate the
distribution, sale, marketing, and packaging of hemp products; and
WHEREAS, the City Commission finds, based on the record before it, that it is in the
best interests of the City, the community, affected persons, and the stakeholders to enact this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, Chapter 31 of the Code of the City of
Miami, Florida, as amended, titled "Local Business Taxes and Miscellaneous Business
Regulations," is further amended in the following particulars:1
"CHAPTER 31
LOCAL BUSINESS TAXES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE VII. RETAIL HEMP ESTABLISHMENTS AND SMOKE SHOPS.
Sec. 31-112. Definitions.
As used in this Section, the following words will have the following definitions:
"Hemp" shall mean the plant Cannabis sativa L. and any part of that plant, including the seeds
thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers
thereof, whether growing or not, that has a total delta-9 tetrahydrocannabinol concentration that
does not exceed 0.3 percent on a dry -weight basis as defined in Section 581.217, Florida
Statutes. Hemp does not include extraction of marijuana psychoactive components, to include
tetrahydrocannabinol ("THC") in any form and is strictly prohibited.
"Hemp extract products" shall mean any products containing hemp, any byproducts of hemp to
include CBD derivatives of any kind derived, or any other cannabinoids extracted from hemp or
flower that is an ingredient of any foods, sugars, solvents intended for ingestion or inhalation
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
City of Miami File ID: 13956 (Revision: A) Printed On: 7/3/2025
and is allowed to be distributed and sold in Florida if it meets the requirements of the State
hemp program pursuant to Section 581.217, Florida Statutes, as amended.
"Retail Hemp Establishment" shall mean establishments that dedicate more than 20% of their
tenant floor space square footage to the sale, offering, and/or furnishing of prepacked food
consisting of or containing hemp, hemp extract products, or cannabidiol ("CBD") products
including delta-8 tetrahydrocannabinol to the end consumer. These food establishments must
have a hemp food establishment permit from the Department of Agriculture and Consumer
Services, Division of Food Safety.
"Smoke shop" shall mean commercial retail sales or wholesale establishments primarily
engaged in selling tobacco and/or tobacco products, where 20% or more of the tenant floor
space of the business is dedicated to any combination of the following activities, or related
activities:
(1) Retail sale, offering, and/or furnishing of cigarettes, pipes, and/or electronic cigarette
devices and/or the retail sale of related paraphernalia including but not limited to pipes,
punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette
juice, vaporizers, hookahs, and devices for holding burning material; or
(2) Storage, mixing, rolling, display of products including nicotine -enriched solutions or
other liquid products that are manufactured for use with vaping or e-cigarettes; or
(3) A retail hemp establishment as defined in this section.
"Smoking Lounge" shall mean an establishment that is dedicated primarily to the on -premises
consumption of hemp and hemp extract products, electronic cigarettes, or other smoked or
vaporized substances, and/or the use of hookahs. Smoking lounge includes but is not limited to
establishments known, advertised, or represented as smoke lounges, hookah lounges, vape
lounges, tobacco clubs, tobacco bars, smoke shops as defined in this section, and similar
terminology. Cigar shops and smoking lounges of a retail cigar shop are not subject to the
provisions of this Article.
Sec. 31-113. Minimum requirements and standards.
To promote the general public welfare and safety by imposing and enforcing reasonable and
necessary restrictions on hemp and hemp extract products sold and/or distributed for ingestion
or consumption in the City, a retail hemp establishment, including smoke shops and smoking
lounges in the city shall adhere to and comply with the following minimum requirements and
standards:
Sec. 31-114. Labeling requirements for hemp extract products pursuant to Florida Statutes.
(a) Pursuant to section 581.217(7), Florida Statutes, as amended, and the rules adopted by
the Florida Department of Agriculture and Consumer Services pursuant thereto, hemp extract
products may only be distributed and/or sold in the city if the product:
(1) Has a certificate of analysis prepared by an independent testing laboratory that
states:
a. The hemp extract is the product of a batch tested by the independent testing
laboratory;
b. The batch contained a total delta-9-tetrahydrocannabinol concentration that
did not exceed 0.3 percent pursuant to the testing of a random sample of the
batch; and
c. The batch does not contain contaminants unsafe for human consumption.
City of Miami File ID: 13956 (Revision: A) Printed On: 7/3/2025
(2) Is distributed or sold in a container that includes:
a. A scannable barcode or quick response code linked to the certificate of
analysis of the hemp extract batch by an independent testing laboratory;
b. The batch number;
c. The Internet address of a website where batch information may be obtained;
d. The expiration date; and
e. The number of milligrams of each marketed cannabinoid per serving.
(3) Hemp extract distributed or sold in violation of this section shall be considered
adulterated or misbranded pursuant to chapter 500, chapter 502, or chapter 580, Florida
Statutes, as amended.
Sec. 31-115. Distribution and sales of products to customers.
(a) Any product sold by a retail hemp establishment, smoke shops, and/or available in
smoking lounges intended for inhalation and is a hemp extract product may not be sold
to a person who is under 21 years of age.
(b) Sales shall only be permitted to those persons over the age of 21 with a government
issued photographic identification that establishes the name, age, and address of the
purchaser.
(c) All retail hemp establishments and smoke shops shall post a clear and conspicuous sign
which substantially states the following: "The sale of hemp and hemp extract products to
persons under 21 years of age is against Florida law. Proof of age is required for
purchase."
(d) The owner or manager of a retail hemp establishment or smoke shop shall provide at the
point -of -sale counter, in a location clearly visible to the dealer or the dealer's agent or
employee, instructional material in a calendar format or similar format to assist in
determining whether a customer is of legal age to purchase hemp extract products.
(e) A retail hemp establishment or smoke shop shall not be located within:
(1) One thousand (1000) foot radius of an existing public or private preschool,
elementary school, middle school, high school, park, playground, or place of
worship or institutional facility.
(2) The distances specified in this section shall be determined by the horizontal
distance measured in a straight line from the closest property line to the closest
property line of the lot on which the establishment is located, without regard to
intervening structures. In the case of a multi -use building located upon a single tract
of land, the distance shall be measured by drawing a straight line between the
outermost exterior wall of the unit within the multi -use building intended for use as a
commercial retail establishment and the closest property line of the nearest school,
park, or place of worship or institutional facility.
(f) Dispensing of, payment for, and receipt of a hemp extract product is prohibited
anywhere outside the retail hemp establishment or smoke shop.
Sec 31-116. Distance requirements.
Retail hemp establishments, smoke shops and smoking lounges in the city as a primary use
shall be located no closer than one (1) mile from another such use as measured from property
line to property line in a straight line from the nearest point of the subject property to the nearest
point of the existing retail hemp establishment, smoke shop, or smoking lounge, inclusive of
such locations that may be outside of the city limits.
Sec. 31-117. Windows.
City of Miami File ID: 13956 (Revision: A) Printed On: 7/3/2025
Retail hemp establishments, smoke shops and smoking lounges shall keep all doors and
windows clear and unobstructed and free of any signage, screening or tinting so as to not
obscure visibility of the interior point of sales counter from the exterior of the establishment.
Sec. 31-118. Signage.
Retail hemp establishments, smoke shops and smoking lounges shall not display smoking
devices, or any branding, images or insignias of a cannabis leaf or emblems in the likeness of a
cannabis leaf on any form of storefront signage in any format including neon, electrical, or LED
lighting. Furthermore, no sign shall bear any image depicting or describing a marijuana leaf or
the combustion of plant material, whether by means of display, decoration, sign, window or any
other means. No hemp or hemp extract products or pictures of the products in the premises of
the establishment shall be displayed on signs, in window areas or any area where they can be
viewed from the sidewalk or street in front of the establishment.
Sec. 31-119. Lighting.
Retail hemp establishments, smoke shops and smoking lounges shall install and maintain
lighting as required by Chapter 10, Article XI of the City Code in good operational condition in
the main entrance and parking area.
Sec. 31-120. Closed-circuit video surveillance system.
(a) Retail hemp establishments, smoke shops and smoking lounges shall install and
maintain a Closed -Circuit TV or cloud -based video surveillance system ("CCTV") which
films the front entrance or any other entry or exit, the point -of -sales counter, and any
parking area of the establishment. The CCTV shall have at least a thirty (30) day
memory and a camera that is a minimum of 1080 HD with a frame rate of fifteen (15)
frames per second.
(b) Each establishment shall have the option to voluntarily participate with and allow access
to the stored video based upon a mutually agreed upon process or a lawful request from
the Miami Police Department. This access shall not be construed as the Miami Police
Department providing any surveillance, security, or any other manner of assistance with
security and safety on the premises.
Sec. 31-121. Cause for Warrants.
It shall be unlawful for any retail hemp establishments, smoke shops and smoking lounges to
refuse or prevent reasonable inspection by police officers during any time in which the
establishment is open for business. Probable cause for criminal search warrants and cause for
civil inspection warrants to search any establishments believed to be in violation of federal,
state, or local law shall be in accordance with Chapter 933, Florida Statutes.
Sec. 31-122. Penalties.
Any retail hemp establishment, smoke shop or smoking lounge in violation of this ordinance will
be subject to one (1) or more of the remedies provided for in this section as decided by the city
and/or any other public agency having jurisdiction over the establishments.
Legal action in a court of competent jurisdiction for violation of the City Code as provided
for in Section 1-13 of the City Code and/or other civil action deemed to be in the City's
best interests.
gj Denial, suspension, or revocation of a BTR in accordance with applicable provisions of
the City Code.
City of Miami File ID: 13956 (Revision: A) Printed On: 7/3/2025
Denial, suspension, or revocation of a CU in accordance with Chapter 2 of the City
Code.
Code enforcement proceedings pursuant to chapter 2, article X of the City Code:
First violation shall be punishable with a $1,000.00 per diem fine.
Second violation shall be punishable with a $2,500.00 per diem fine.
Third and subsequent violations shall be punishable with a $5,000.00 per diem fine.
Sec. 31-123. Cumulative remedies.
Remedies provided under this article are cumulative and do not preclude in any way a law
enforcement officer's right to effectuate an arrest for related criminal conduct or the city from
seeking an injunction or other appropriate remedies. The city attorney is authorized to file a civil
action to enforce and collect attorneys' fees and costs and such proceedings shall be expedited
by the court.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. The City Manager is directed to report back to the City Commission on the
effectiveness of this Ordinance in promoting the general public welfare and safety by imposing
and enforcing reasonable and necessary restrictions on the retail hemp products and other
cannabinoids at the second City Commission meeting in January 2024.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
nde`" z, City Attor ey 5/15/2023 i ria i "ndez, ity Attor ey 5/30/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 13956 (Revision: A) Printed On: 7/3/2025