L William W. Riley, Jr, Partner GreenspoonMarder., co rc ee 213k i Direct Phone: 305.789.2717 Direct Fax: 305.537.3917 Email: w.riley@gmiaw.com Mareh 27, 2019 VIA HAND DELIVERY Ms, Olga Zamor City of Miami Department of Hearing Boards 444 SW 2 Avenue, 3“ Floor Miami, Florida 33130 . Chief of Hearing Boards Re: Appeal of Zoning Interpretation Pursuant to Article 7, Section 7.1.2.3, Miami 21 Property Addresses: 90 NE I1 Street NOTICE OF APPEAL. Dr. Ms. Zamora: The undersigned represents MRC44, LLC, a Delaware limited liability company and ‘owner of 90 NE 11 Street (hereinafter the “Property").' The purpose of this letter is to appeal the denial of an application filed by MRC44, LLC with the City of Miami for a certificate of use to operate a “Cannabis Dispensary and/or Clinic” use of the Property in accordance with State law. A copy of the subject application and decision of denial are attached hereto as Exhibits “A” and "respectively. The grounds for the denial, as set forth in the attachment, where as follows: The Office of the City Attorney has advised that a Certificate of Use (“CU”) cannot be issued for such a facility as it would be in violation of federal law, particularly the Controlled Substances Act of 1971, While made legal for medical purposes by state law, marijuana remains classified as a Schedule I drug by the Drug Enforcement Administration. While legal under state law, it remains illegal under federal law, thus precluding the issuance of a CU for that proposed use. ' MRC44, LLC is a special purposes entity with a single person manager. As such, the entity does not have a Board of Directors and is, therefore, not required to file a corporate resolution as part of this appeal.William W. Riley, Jr, Partner GreenspoonMarder.. CT ee Direct Phone: 305.789.2717 Direct Fax: 305.537.3917 Email: w.riley@gmlaw.com ‘The appellant, through its undersigned counsel, respectfully submits that the denial of the CU violates the laws of the State of Florida for which the City of Miami is a political subdivision thereof and equitable property rights, On November 8, 2016, Florida voters approved Amendment 2 to the Florida Constitution, entitled "Use of Marijuana for Debilitating Medical Conditions". Amendment 2 allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician, and allows caregivers to assist patients’ medical use of marijuana, Amendment 2 further requires that the Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. On June 9, 2017, the Florida Legislature adopted Senate Bill 8A, which provided regulations for implementing Amendment 2, and established the definition of medical marijuana treatment center dispensing facilities and parameters for local regulations. On June 23, 2017, the Florida Legislature enacted Section 381,986 of the Florida Statutes, which allows a municipality to determine, by ordinance, the criteria for the location of, and other permitting requirements for medical marijuana treatment center dispensing facilities located within the boundaries of a municipality, provided such requirements do not conflict with State law or department rule, Florida law, under Section 381.986(11)(b)(2), requires that a municipality may not enact ordinances for permitting, or for determining the location of, dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies (as licensed under Chapter 465 of the Florida Statutes), Under Florida law, however, a medical marijuana treatment center dispensing facility is prohibited from being located within 500 feet of a public of private elementary, middle or secondary school, unless the local government expressly waives the distance separation requirement pursuant to a public hearing, determining that such waiver of the distance separation requirements would promote the public health, safety, and general welfare of the community. The Property is eligible for use as a pharmacy and is not located within 500 feet of a public or private elementary, middle or secondary school. The Cit adopt criteria for the location of, and other permitting requirements for medical marijuana of Miami has elected not to treatment center dispensing facilities located within its boundaries. As such, the City’s issuance of the denial violated the State of Florida Constitution and its implementing statutes. Moreover, it violates the will of the electorate that overwhelming approved medical cannabis for those individuals suffering from debilitating medical conditions. As demonstrated throughout the country as well as throughout South Florida, where cannabis dispensaries have been lawfully 2Wiliam W. Riley, Jr, Partner GreenspoonMarder.. eee Direct Phone: 305.789.2717 Direct Fax: 305.537.3917 Email: w.riley@gmlaw.com permitted, the Controlled Substances Act of 1971 is not controlling on the issue of municipal permitting of dispensaries. As such, the City's reason justifying denial of the application for a certificate of use was in error and unlawful. As such, we respectfully request that this appeal be granted and that the certificate of use be issued to the appellant. Thank you for your consideration of this appeal and, as always, if you have any questions concerning the foregoing or the attachments, please do not hesitate to contact me at 786.282.9899, omer LLP P.— By: Wyfiam W. Riley, Jr, Esq., a Partner