Miami-Dade Legislative Item
File Number: 222409
Printable PDF Format Download Adobe Reader    Clerk's Official Copy   

File Number: 222409 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1061-22 Control: Board of County Commissioners
File Name: PARDON CONVICTED OF SIMPLE POSSESSION OF MARIJUANA Introduced: 10/20/2022
Requester: NONE Cost: Final Action: 11/1/2022
Agenda Date: 11/1/2022 Agenda Item Number: 11A2
Notes: Title: RESOLUTION URGING THE FLORIDA GOVERNOR TO PARDON PERSONS CONVICTED OF SIMPLE POSSESSION OF MARIJUANA UNDER FLORIDA LAW; URGING THE FLORIDA CABINET TO APPROVE SUCH PARDON
Indexes: URGING
Sponsors: Kionne L. McGhee, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/1/2022 11A2 Adopted P

County Attorney 10/20/2022 Assigned Jose I. Ortega 10/21/2022

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA GOVERNOR TO PARDON PERSONS CONVICTED OF SIMPLE POSSESSION OF MARIJUANA UNDER FLORIDA LAW; URGING THE FLORIDA CABINET TO APPROVE SUCH PARDON

BODY
WHEREAS, many people, nationally and within the State of Florida, have been convicted and imprisoned for simple possession of marijuana, conduct that is no longer prohibited by a number of jurisdictions; and
WHEREAS, criminal records for marijuana possession have imposed needless barriers to employment, housing, and educational opportunities; and
WHEREAS, section 893.03, Florida Statutes, classifies marijuana (listed as cannabis) as a Schedule I controlled substance; and
WHEREAS, simple possession of marijuana is the possession of marijuana for personal use by a person who has no intent to manufacture, distribute, or sell; and
WHEREAS, simple possession of marijuana is a crime in Florida, with penalties determined by the amount possessed; and
WHEREAS, pursuant to sections 775.082(4)(a), 775.083(1)(d), and 893.13(6)(b), Florida Statutes, possessing 20 or fewer grams of marijuana is a first-degree misdemeanor, punishable by up to one year in jail and a fine of $1,000.00; and
WHEREAS, pursuant to sections 775.082(3)(e), 775.083(1)(c), and 893.13(2)(a)(2), Florida Statutes, purchasing or possessing more than 20 grams of marijuana is a third-degree felony, punishable by up to five years in prison and a fine of as much as $5,000.00; and
WHEREAS, according to the Federal Bureau of Investigation�s Uniform Crime Reporting (�UCR�) Program, in 2019, arrests for possession of marijuana constituted 32.1 percent of all arrests for drug abuse violations in the United States; and
WHEREAS, according to the UCR, in 2019, arrests for possession of marijuana constituted 39.4 percent of all arrests for drug abuse violations in the South; and
WHEREAS, although research shows that people of all ethnicities use marijuana at similar rates, people of color have been arrested, prosecuted, and convicted at disproportionate rates; and
WHEREAS, for example, according to the United States 2020 Census, persons in Florida identifying as �Black or African American alone or in combination� make up 17.2 percent of Florida�s population; and
WHEREAS, yet, according to the Florida Department of Law Enforcement�s Criminal History Reports, arrests of Black persons for the possession of marijuana under sections 893.13(6)(b) and 893.13(2)(a)(2), Florida Statutes, made up 50.7 percent of all arrests for the possession of marijuana under these statutes in 2021; and
WHEREAS, on October 6, 2022, President Joseph R. Biden Jr., issued a Proclamation Granting Pardon for the Offense of Simple Possession of Marijuana; and
WHEREAS, acting pursuant to Article II, section 2, of the Constitution of the United States, President Biden granted a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 United States Code (�U.S.C.�) section 844 and as previously codified elsewhere in the United States Code, or in violation of District of Columbia (�D.C.�) Code section 48�904.01(d)(1), regardless of whether they have been charged with or prosecuted for the offense; and (2) all current United States citizens and lawful permanent residents who have been convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. section 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code section 48�904.01(d)(1)�allowing for the restoration of the person�s full political, civil, and other rights; and
WHEREAS, along with granting the pardon, President Biden released a statement urging all Governors to grant similar pardons with regards to state offenses for simple possession of marijuana; and
WHEREAS, Article IV, section 8 of the Florida Constitution expressly vests the executive clemency power in the Governor; and
WHEREAS, clemency is the constitutionally authorized process by which the Governor may, with the approval of two members of the Cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses; and
WHEREAS, the Governor has previously used his clemency power to ensure that undeservingly punished individuals do not remain punished, notably pardoning Charles Greenlee, Walter Irvin, Samuel Shepherd, and Ernest Thomas, often referred to as the �Groveland Four�; and
WHEREAS, the Governor has another opportunity to right past wrongs by pardoning persons convicted of simple possession of marijuana; and
WHEREAS, accordingly, this Board wishes to urge the Governor to use the executive clemency power to pardon persons convicted of simple possession of marijuana under Florida law; and
WHEREAS, because the Governor requires the approval of two members of the Cabinet to grant pardons, this Board wishes to urge the Cabinet to approve such pardons,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Governor to pardon persons convicted of simple possession of marijuana under Florida law.
Section 2. Urges the Florida Cabinet to approve the pardon of persons convicted of simple possession of marijuana under Florida law.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, Florida Attorney General, Florida Chief Financial Officer, Florida Commissioner of Agriculture, and the Chair and the Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County�s state lobbyists to advocate for the actions described in sections 1 and 2 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2023 State Legislative Package when it is presented to the Board.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2024 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site � 2024 Miami-Dade County.
All rights reserved.