More than five years after Florida voters legalized the medicinal use of cannabis in 2016, city leaders in Miami finally relented and have voted to allow a business to pursue opening a medical dispensary within the city limits. With a 3-2 vote on Thursday, the Miami City Commission ended its de facto ban on medical cannabis retailers and cleared the way for businesses to begin applying for permits to operate.

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

Medical Cannabis Legalized in Florida in 2016

Florida voters legalized the medicinal use of cannabis with the approval of a constitutional amendment ballot measure in 2016. The amendment passed by voters gave local governments the authority to ban or regulate medical pot dispensaries, but the Miami city government failed to pass measures to take either step.

The passage of the amendment prompted entrepreneur Romie Chaudhari, a Los Angeles-based real estate investor, to apply for a permit for his business MRC44 to open a medical pot dispensary at a site in downtown Miami. Chaudhari was denied a permit for the dispensary, with the Miami city attorney arguing that the ballot initiative is in violation of the federal prohibition of cannabis under the Controlled Substances Act.

Chaudhari and MRC44 then sued the city of Miami in federal court for a permit to open a medical dispensary. The judge sent the case to state court but ruled that the city had “failed to act” by not banning or regulating dispensaries.

Miami’s Planning and Zoning Appeals Board ruled in favor of Chaudhari’s plan to open a dispensary, but the city zoning director appealed that decision in April 2021. On Thursday the city commissioners voted to deny the appeal, clearing the way for Chaudhari and MRC44 to continue its quest to gain the proper permits and license to operate.

Commissioner Ken Russell, who is a registered medical cannabis patient and has publicly voiced his support for cannabis policy reform, voted to deny the appeal and allow Chaudhari to seek approval for the dispensary.

“I believe the state constitution is clear that we had the right to ban this use in our city and we have not done that,” Russell said, as quoted by the Miami New Times. “[Chaudhari has] applied in earnest under the lack of that ban, and I believe therefore we should grant their certificate of use.”

He said that it is time for the federal government to catch up with state and local governments that have legalized cannabis for medical use.

“Florida voters decided that it should be accessible in our state,” Russell added. “Because of the conflict between state and federal law, however, our City Commission had to settle the dispute as to whether our residents would get that access. We voted that they will.”

Regulations Still To Come

Russell was joined in Thursday’s vote by City Commissioners Alex Díaz de la Portilla and Christine King, who said that the city government was on the wrong side of the issue. Díaz de la Portilla said that the will of the voters should be respected and that the city should regulate medical cannabis dispensaries to avoid a proliferation of the businesses.

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

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

“I’m of the opinion that before we move forward in voting on this we need to establish our ordinance that what are the procedures and guidelines for someone to open up such an establishment,” Carollo said at Thursday’s meeting of the city commission. “Otherwise, we’re kind of making this into a sort of Cheech and Chong free-for-all.”

Reyes echoed his colleague’s sentiments, saying “You know how it is. They are going to be all over.”

“Wherever you go and they are permitted, you see people smoking pot in the streets,” he said.

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

“With the understanding that we are going to address the issues because Commissioners Reyes and Carollo are correct that we have to have a policy so we don’t have a proliferation of these dispensaries throughout our city,” Diaz de la Portilla said as he seconded Russell’s motion to vote in favor of Chaudhari.

An attorney representing MRC44 declined to comment after Thursday’s vote.

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