Miami Sued For Rejecting Medical Cannabis Dispensaries
Two companies have brought the lawsuit on
Two companies fighting to open medical marijuana dispensaries downtown have sued the city of Miami, challenging the city’s stance that federal law trumps the Florida Constitution.
Miami’s city government has rejected cannabis dispensaries since Florida voters approved the creation of a full-fledged medical marijuana marketplace in a 2016 referendum that amended the state Constitution. Instead of creating zoning restrictions to regulate where dispensaries can open, or outright banning them, Miami has created no new laws and relied on an internal legal opinion that the change to the Florida Constitution was moot because federal law continues to categorize marijuana as an illegal substance with no medicinal value.
By contrast, Miami Beach, Coral Gables and other local governments approved zoning regulations that dictate where dispensaries can go, even if they did so begrudgingly.
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