R9Q-Discuss Ordinance To Make Misdemeanor Acts Of Possession Of Cannabis -Levinr.-..-"Ir-,"irnrrffi-mrry
OFFICE OF IHE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
RE:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
Raul J. Aguila, city Aftor n"f(-,!- 0g,[---
June 10, 2015
DISGUSSION OF PROPOSED ORDINANCE TO MAKE THE
MISDEMEANOR ACTS OF POSSESSION OF CANNABIS
(MARIJUANA} AND DRUG PARAPHENILIA ELIGIBLE FOR
CIVIL VIOLATIONS AND PENALTTES UNDER THE CITY CODE.
Pursuant to the request of Mayor Philip Levine, the above-referenced matter is
submitted for discussion and approval on first reading, by the City Commission at the June 10,
201 5 Commission meeting.
The attached proposed Ordinance is similar to legislation that is currently being
considered by Miami-Dade County (County). On April 21,2015, the Miami-Dade County Board
of County Commissioners passed an ordinance on first reading that, among other offenses
deemed misdemeanors under State law, makes the possession of cannabis (marijuana) in an
amount of 20 grams or less and the possession of drug paraphernalia eligible for prosecution as
a civil violations under the County Code and punishable by a $100 fine. The County ordinance
provides an alternative means of enforcement for certain State misdemeanor offenses by
providing a civil code penalty instead of a criminal penalty.l The area of drug abuse control ii
not preempted to the State, thus local governments may enact ordinances on this subject
provided that the local law does not conflict with State law by, for example, providing for a more
severe penalty than prescribed by State law. Edwards v. State, 422 So. 2d 84 (Fla. 2d DCA
1s82).
Like the County ordinance, the proposed City Ordinance provides a civil enforcement
option for the State misdemeanor offenses of possession of a minor amount of marijuana and
the possession of drug paraphernalia and sets forth a penalty less severe than, and thus not in
conflict with, State law. ln addition, the proposed City Ordinance would provide an additional
deterent to such violations and would give law enforcement officers an additional enforcement
1 Under Section 893.13(6Xb), Fla. Stat., the possession of 20 grams or less of cannabis
is a first degree misdemeanor. Under State law, this offense is punishable as provided in
Sections 775.082 or 775.083 of the Florida Statutes which provide for a definite term of
imprisonment not exceeding 1 year and up to a $1,000 fine.
Agenda ltem R?&
oate 6-lO4{769
option when encountering these offenses. Under the proposed Ordinance, law enforcement
officers will have the discretion to issue a civil citation under the City Code or arrest, or not
arrest, for the commission of a misdemeanor under State law.
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