2016-29687 Reso RESOLUTION NO. 2016-29687
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
DEPARTMENT OF HEALTH TO EXPEDITIOUSLY DEVELOP AND
APPROVE RULES FOR THE IMPLEMENTATION AND
ENFORCEMENT OF THE AMENDMENT TO THE FLORIDA
CONSTITUTION, APPROVED BY THE VOTERS OF THE STATE
OF FLORIDA ON NOVEMBER 8, 2016, THAT ALLOWS THE USE
OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS.
WHEREAS, on November 8, 2016, the voters of the State of Florida approved
Amendment 2, which creates Section 29 of Article X of the Florida Constitution, that allows
the medical use of marijuana for debilitating medical conditions; and
WHEREAS, as defined in the new provisions in Article X, Section 29 of the Florida
Constitution, debilitating medical conditions means cancer, epilepsy, glaucoma, positive
status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome
(AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's
disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of
the same kind or class as or comparable to those enumerated, and for which a physician
believes that the medical use of marijuana would likely outweigh the potential health risks of a
patient; and
WHEREAS, pursuant to the Constitutional Amendment, the Florida Department of
Health shall promulgate procedures and regulations for the implementation of the new
provisions within six (6) months after the January 3, 2017 effective date; and
WHEREAS, to best serve the interests of public health and welfare, the procedures
and regulations implementing the Constitutional Amendment should be developed
expeditiously so that persons with debilitating medical conditions will not suffer needless
delay in obtaining treatments; and
WHEREAS, the State of California has legalized the medical use of marijuana and, in
2015, established the Medical Cannabis Regulation and Safety Act which will take effect in
2018; and
WHEREAS, California's Medical Cannabis Regulation and Safety Act offers useful
guidance for the development of regulations in the State of Florida in such areas as licensure,
the reporting of the movement of commercial cannabis and cannabis products, fines and
penalties for specified violations and the allocation of collected monies, standards for medical
cannabis and its cultivation, manufacturing, and testing, regulations addressing the
environmental impacts of medical cannabis cultivation, standards for physicians prescribing
medical cannabis, investigative and prosecutorial resources to identify prescriptions and
recommendations for excessive cannabis to patients without good faith examinations, and
the imposition of local taxes for certain cannabis-related activities (See Exhibit "A"); and
WHEREAS, pursuant to the new provisions in Section 29 of Article X of the Florida
Constitution, a duty is imposed on the Florida Department of Health to promulgate regulations
in a timely fashion.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach hereby urge the Florida Department of Health to
expeditiously develop and approve rules for the implementation and enforcement of the
amendments to the Florida Constitution, approved by the voters on November 8, 2016, that
allow the use of marijuana for debilitating mediation conditions.
PASSED AND ADOPTED this i4 day of December, 2016.
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F:\ATTO\TURN\RESOS\RESO Urging DOH RE MEDICAL MARIJUANA RULES 2016.doc
Bureau of Medical Cannabis Regulation Laws and Regs 1�IAnt1o�
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0 Laws and Regulations
Below is a summary of some of the key components of the laws that
establish the Medical Cannabis Regulation and Safety Act:
Assembly Bill 266
Enacts the Medical Cannabis Regulation and Safety Act for the licensure and regulation
of medical cannabis and establishes within the Department of Consumer Affairs the
Bureau of Medical Cannabis Regulation, under the supervision and control of the
Director of Consumer Affairs.
Requires the Board of Equalization, in consultation with the Department of Food and
Agriculture, to adopt a system for reporting the movement of commercial cannabis and
cannabis products.
Imposes certain fines and civil penalties for specified violations of the act, and would
require moneys collected as a result of these fines and civil penalties to be deposited into
the Medical Cannabis Fines and Penalties Account.
Provides that actions of licensees with the relevant local permits, in accordance with the
act and applicable local ordinances, are not offenses subject to arrest, prosecution, or
other sanction under State law.
Makes legislative findings to align with existing constitutional provisions that require that
a statute that limits the right of access to the meetings of public bodies or the writings of
public officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
Assembly Bill 243
Appropriates funds to implement the Medical Cannabis Regulation and Safety Act.
Requires the Department of Food and Agriculture, the Department of Pesticide
Regulation, the State Department of Public Health, the Department of Fish and Wildlife,
and the State Water Resources Control Board to promulgate regulations or standards
relating to medical cannabis and its cultivation, as specified. EXHIBIT
http:// ■ww.bmcr.ca.gov/laws_regs/index.shtml •
Bureau of Medical Cannabis Regulation Laws and Regs
Requires various State agencies to take specified actions to mitigate the impact that
cannabis cultivation has on the environment, and requires cities, counties, and their local
law enforcement agencies to coordinate with State agencies to enforce laws addressing
the environmental impacts of medical cannabis cultivation.
Requires a state licensing authority to charge each licensee under the Act licensure and
renewal fees, as applicable, and deposit them into an account specific to that licensing
authority in the Medical Cannabis and Safety Act Fund, which this bill creates. The bill
also imposes certain fines and civil penalties for specified violations of the Medical
Cannabis Regulation and Safety Act, and requires resulting moneys be deposited into
the Medical Cannabis Fines and Penalties Account, also established by this bill within
the fund.
Senate Bill 643
Sets forth standards for physicians and surgeons prescribing medical cannabis and
requires the Medical Board of California to prioritize its investigative and prosecutorial
resources to identify those who have repeatedly recommended excessive cannabis to
patients for medical purposes or done so repeatedly without a good faith examination.
Requires applicants to furnish a full set of fingerprints in order to conduct criminal history
record checks.
Requires, through the Medical Cannabis Regulation and Safety Act, that the Department
of Food and Agriculture administer the provisions of the act related to and associated
with the cultivation and transportation of medical cannabis. The Department of Food and
Agriculture, in consultation with the Bureau, shall establish a track and trace program for
reporting the movement of medical cannabis items throughout the distribution chain that
utilizes a unique identifier. It also establishes State cultivator license types.
Requires the California Department of Public Health to oversee manufacturing and
testing of medical cannabis.
Requires the Governor to appoint a chief, subject to Senate confirmation, of the Bureau
of Medical Cannabis Regulation, and requires the Department of Consumer Affairs to
have the sole authority to create, issue, renew, discipline, suspend, or revoke licenses
for the transportation and storage (unrelated to manufacturing) of medical cannabis, and
would authorize the department to collect fees for its regulatory activities and impose
related specified duties.
Authorizes counties to impose a tax on specified cannabis-related activity.
http://www.bmcr.ca.gov/laws_regs/index.shtml 12/5/2016
Resolutions - R7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: December 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF HEALTH
TO EXPEDITIOUSLY DEVELOP AND APPROVE RULES FOR THE
IMPLEMENTATION AND ENFORCEMENT OF THE AMENDMENT TO THE
FLORIDA CONSTITUTION, APPROVED BY THE VOTERS OF THE STATE OF
FLORIDA ON NOVEMBER 8, 2016, THAT ALLOWS THE USE OF MARIJUANA
FOR DEBILITATING MEDICAL CONDITIONS.
ANALYSIS
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached Resolution is
submitted for consideration by the Mayor and City Commission at the December 14, 2016
Commission Meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
❑ RESO Urging DOH RE MEDICAL MARIJUANA RULES 2016 F.A 12.6.2016
Page 1023 of 1191
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
December 20, 2016
Celeste Philip, MD, MPH
Surgeon General & Secretary
Florida Department of Health
4052 Bald Cypress Way, Bin AOO
Tallahassee, FL 32399-0700
Dear Honorable Governor Scott,
Attached please find a copy of City of Miami Beach Resolution No. 2016-29687:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF
HEALTH TO EXPEDITIOUSLY DEVELOP AND APPROVE RULES FOR THE
IMPLEMENTATION AND ENFORCEMENT OF THE AMENDMENT TO THE
FLORIDA CONSTITUTION, APPROVED BY THE VOTERS OF THE STATE OF
FLORIDA ON NOVEMBER 8, 2016, THAT ALLOWS THE USE OF MARIJUANA
FOR DEBILITATING MEDICAL CONDITIONS.
This Resolution was unanimously passed and adopted by the Mayor and City Commission of
the City of Miami Beach on December 14, 2016.
If you need additional information, please do not hesitate to call.
Respectfully,
i
RafaeY E.(G nado
City Clerk
c: Commissioner Kristen Rosen Gonzalez