Resolution 2019-30710 RESOLUTION NO. 2019-30710
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE UNITED STATES CONGRESS
TO RECOGNIZE AND SUPPORT STATES' RIGHTS WITH
REGARD TO THE LEGALIZATION OF MEDICAL
MARIJUANA.
WHEREAS, in 2016, the people of Florida approved an amendment to the
Florida Constitution authorizing the use of medical marijuana and, in 2017, the Florida
Legislature enacted corresponding regulations; and
WHEREAS, across the country, most states have now legalized marijuana for
medical use; and
WHEREAS, despite the growing acceptance and legalization of medical
marijuana throughout the nation, marijuana is still classified as an illegal Schedule 1
drug; and
WHEREAS, according to the federal Drug Enforcement Agency (DEA),
marijuana is categorized as a Schedule I drug, along with heroin and LSD, and is
deemed to have no currently accepted medical use; and
WHEREAS, despite efforts in recent Congressional sessions to decriminalize
marijuana and to recognize the will of a majority of states that have legalized and
regulate medical marijuana, Congress has failed to act; and
WHEREAS, the failure to legitimize the use of medical marijuana by the federal
government is harmful to the public health and welfare, particularly affecting those to
whom medical marijuana provides relief from debilitating illnesses and conditions, such
as epilepsy, glaucoma, and cancer, who must incur significant out-of-pocket costs
because health insurance companies will not cover the expense of such treatments due
to their continued illegal status under federal law; and
WHEREAS, the expense of medical marijuana treatments can be many
hundreds of dollars a month, which negatively impacts all patients, and especially those
in lower income brackets; and
WHEREAS, there are several Congressional bills that have been introduced, or
are slated to be reintroduced from the last session of Congress, which would, among
other things, remove marijuana from the U.S. Controlled Substance Act drug schedule,
enable financial institutions to enter the legal marijuana market, expand research for
medical marijuana, and provide access to medical marijuana for military veterans; and
WHEREAS, great uncertainty surrounds the regulation and enforcement of
medical marijuana in the nation due to the 2018 rescission of the prior policy of the U.S.
Department of Justice to generally not interfere with the medicinal use of marijuana
under state law; and
WHEREAS, for the benefit of countless Americans who use medical marijuana
for a host of debilitating conditions and illnesses, and to resolve the uncertainty created
by the dichotomy between federal law and the laws in a majority of the states in the
union, Congress should act in its 2019 session to enact legislation to legalize medical
marijuana.
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 hereby urge the United States Congress to recognize and support states'
rights with regard to the legalization of medical marijuana.
PASSED AND ADOPTED this 13th day of February, 2019.
•
ATTEST:
Dan Gelber, Mayor
Rafael E. Gra ado, City Cler
• APPROVED AS TO
(Sponsored by Vice-Mayor Michael Gongora) FORM & LANGUAGE
& FO E ,ECUTION
City Attorney l< Dote
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F:WTTO\TURN\RESOS\Medical Marijuana Reso(Gangora).doc
Resolutions -C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: February 13, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE UNITED STATES JUSTICE
DEPARTMENT TO RECOGNIZE AND SUPPORT STATES' RIGHTS WITH
REGARD TO THE LEGALIZATION OF MEDICAL MARIJUANA.
RECOMMENDATION
Pursuant to the request of Vice-Mayor Michael Gongora, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the February 13, 2019
Commission meeting.
The Resolution will be provided via the Supplemental Agenda.
Legislative Tracking ,
Office of the City Attorney
Sponsor
Vice-Mayor Michael Gongora
Page 405 of 911