Miami finally gives its okay to medicinal cannabis dispensaries

More than five years after Florida voters legalized medicinal cannabis in 2016, Miami city leaders finally relented and voted to allow a company to seek to open a medicinal dispensary within city limits. In a 3-2 vote Thursday, the Miami City Commission ended its de facto ban on medical cannabis retailers and paved the way for businesses to begin applying for operating licenses.

“The people of Florida have decided to allow medical marijuana dispensaries in Florida,” City Commissioner Alex Díaz de la Portilla said at Thursday’s meeting, according to a Miami Herald report. “The city of Miami has to move with the times. Properly regulated, it’s time to do it. We must go forward and not look back.”

Medical cannabis was legalized in Florida in 2016

Florida voters legalized the medicinal use of cannabis with the approval of a 2016 constitutional amendment. The amendment passed by voters gave local governments the power to ban or regulate medicinal pot dispensaries, but the Miami city government has no action passed to take both step.

The passage of the amendment prompted entrepreneur Romie Chaudhari, a Los Angeles-based real estate investor, to apply for a permit for his company, MRC44, to open a medicinal pot-dispensary in a downtown Miami location. Chaudhari was denied approval for the dispensary, with the Miami City Attorney arguing that the ballot initiative violated the federal ban on cannabis under the Controlled Substances Act.

Chaudhari and MRC44 then sued the city of Miami in federal court for permission to open a medical dispensary. The judge referred the case to state court, but ruled that the city “did not act” by failing to ban or regulate dispensaries.

Miami’s Planning and Zoning Appeals Board ruled in favor of Chaudhari’s plan to open a pharmacy, but the city zoning director appealed that decision in April 2021. On Thursday, city commissioners voted to dismiss the appeal, paving the way for Chaudhari and MRC44 to continue their search for the necessary permits and operating licenses.

Commissioner Ken Russell, who is a registered medical cannabis patient and has publicly expressed his support for cannabis policy reform, voted to dismiss the appeal and allow Chaudhari to apply for the dispensary permit.

“I believe the state constitution is clear that we had the right to ban this use in our city, and we didn’t do that,” Russell said, as quoted by the Miami New Times. “[Chaudhari has] seriously applied in the absence of that ban, and I think that’s why we should give them a certificate of use.”

He said it’s time for the federal government to catch up with the state and local governments that have legalized cannabis for medicinal purposes.

“Florida voters decided it should be accessible in our state,” Russell added. “However, due to the conflict between state and federal law, our city commission had to arbitrate the dispute over whether our residents would be granted this access. We voted for it.”

regulations are yet to come

Russell was joined in Thursday’s vote by city commissioners Alex Díaz de la Portilla and Christine King, who said the city government was on the wrong side of the matter. Díaz de la Portilla said the voters’ will should be respected and that the city should regulate medical cannabis spending to prevent the business from spreading.

“The people of Florida have decided to allow medical marijuana dispensaries in Florida,” he said. “The city of Miami has to move with the times. Properly regulated, it’s time to do it. We must go forward and not look back.”

Commissioners Joe Carollo and Manolo Reyes voted against the measure, arguing that the city should first implement a plan to regulate medical marijuana dispensaries to prevent a mass influx of operations.

“It is my belief that before we proceed to vote on this, we need to establish our ordinance on the procedures and policies for someone opening such a facility,” Carollo said at Thursday’s city commission meeting. “Otherwise we make it a kind of Cheech and Chong, where everyone is free for everyone.”

Echoing his colleague’s sentiments, Reyes said: “You know what it’s like. They will all be over.”

“Wherever you go and are allowed to, you see people smoking weed in the street,” he said.

Diaz de la Portilla agreed that the commission should act to regulate pharmacies.

“With the understanding that we’re going to address the issues because Commissioners Reyes and Carollo are right, that we need to have a policy so we don’t proliferate these dispensaries across our city,” Diaz de la Portilla said in endorsing Russells Motion to vote for Chaudhari.

A lawyer representing MRC44 declined to comment after Thursday’s vote.