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Agenda 09/10/2024 Item #10A (Resolution - Opposition to Amendment 3 and the legalization of recreational marijuana)10.A 09/ 10/2024 EXECUTIVE SUMMARY Recommendation to adopt the attached Resolution in opposition to Amendment 3 titled as Adult Personal Use of Marijuana, which if enacted would amend the Florida Constitution to legalize recreational marijuana in Florida. OBJECTIVE: To adopt the attached Resolution in opposition to Amendment 3 and the legalization of recreational marijuana. CONSIDERATIONS: Amendment 3, titled as "Adult Personal Use of Marijuana", would amend the Florida Constitution to legalize recreational marijuana, by allowing adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non -medical personal consumption, and allowing state licensed entities to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. The amendment is scheduled to be on the November 5, 2024, ballot in Florida. I believe that the legalization of recreational marijuana would be detrimental to Collier County and the State of Florida, and request that the Board adopt the attached Resolution in opposition to Amendment 3 and the legalization of recreational marijuana. The Resolution is substantially the same as a recent resolution by the Florida Sheriff's Association, a copy of which is attached as back-up. The proposed resolution states as follows: WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"), has been made aware of Amendment 3, a proposed amendment to the Florida Constitution that is scheduled to appear on the November 5, 2024 ballot; and WHEREAS, Amendment 3, titled as "Adult Personal Use of Marijuana", would amend the Florida Constitution to legalize recreational marijuana, by allowing adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non -medical personal consumption, and allowing state licensed entities to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories; and WHEREAS, since 2012, several states have legalized the cultivation, commercial sale, and recreational use of marijuana; and WHEREAS, the legalization and commercialization of marijuana have spurred the growth of a profit -driven marijuana industry that has pursued its profits ahead of public health; and WHEREAS, between 2012 and 2022, the number of past -year marijuana users nearly doubled from 31.5 million to 61.9 million; and WHEREAS, between 2020 and 2022, the number of Americans with cannabis use disorder increased from 14.2 million to 19.0 million, based on the DSM-V criteria; and WHEREAS, in 2022, more than 30% of past -year marijuana users had a cannabis use disorder; and WHEREAS, in 2022, there were more past -year daily or almost daily users of marijuana than alcohol, with 15.1 million and 11.7 million, respectively; and WHEREAS, following legalization in California and Colorado, emergency room visits and admissions related to marijuana abuse is up 89% in California and marijuana -related Packet Pg. 31 10.A 09/10/2024 hospitalizations in Colorado increased 148%; and WHEREAS, the Board believes that the effort to legalize recreational marijuana is contrary to the interests of the public health, safety, and welfare, and desires to preserve the rights of citizens to live and work in a community where drug use is not normalized and citizens are not subjected to the adverse effects of drug misuse; and WHEREAS, the average potency of marijuana increased from 3.75% THC in 1995 to 15.80% in 2018. The use of high -potency marijuana is associated with the development of anxiety, depression, psychosis, and schizophrenia, in addition to cannabis use disorder; and WHEREAS, our roadways must remain safe for our citizens to use, and the legalization of marijuana runs contrary to the goal of keeping our roadways safe for our citizens. In 2020, 24.3% of drivers involved in traffic fatalities tested positive for marijuana, up from 14.8% in 2013; and WHEREAS, advocates of marijuana legalization routinely overestimate the revenue that will be collected and fail to account for the limited marijuana tax revenue collected is offset by even greater costs to taxpayers, ranging from additional healthcare costs to more students dropping out of high school; and WHEREAS, in Colorado, every $1 in tax revenue from the sale of marijuana was associated with $4.50 in costs, ranging from increases in healthcare utilization to lost productivity; and WHEREAS, all states that have legalized marijuana have failed to curtail the illicit market and drug cartels continue to exploit these black-market sales because they do not want to operate within a regulatory system; and WHEREAS, states that have legalized marijuana have had a profound impact on rates of youth use, coinciding with decreases in risk perception, and increases in illicit behavior; and WHEREAS, a 2022 analysis of a longitudinal cohort study of 21,863 individuals found that youth in states with legal recreational marijuana were more likely to use marijuana than youth in non -legal states; and WHEREAS, a recent study found that recreational marijuana legalization was associated with a 25% increase in adolescent marijuana use disorder; and WHEREAS, marijuana legalization advocates have argued that legalization will reduce overall crime, but in "legal" states marijuana crime rates have risen at a faster rate than other states across the country. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Collier County, Florida, is strongly opposed to the legalization and commercialization of recreational marijuana and the proposed Amendment 3. Packet Pg. 32 10.A 09/10/2024 FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time and requires majority vote for approval. -JAK RECOMMENDATION: That the Board adopt the attached Resolution in opposition to the legalization of recreational marijuana. Prepared by: Daniel Kowal, Commissioner District 4 ATTACHMENT(S) 1. Resolution - opposing Amendment 3 recreational marijuana (PDF) 2. FL Sheriffs Association - Resolution 2024-01 opposing recreational marijuana (PDF) Packet Pg. 33 10.A 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 10.A Doc ID: 29734 Item Summary: *** This item to be heard at 10 AM *** Recommendation to adopt the attached Resolution in opposition to Amendment 3 titled as Adult Personal Use of Marijuana, which if enacted would amend the Florida Constitution to legalize recreational marijuana in Florida. Meeting Date: 09/10/2024 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 08/16/2024 2:58 PM Submitted by: Title: Commissioner District 4 — Board of County Commissioners Name: Daniel Kowal 08/16/2024 2:58 PM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Christopher Johnson OMB Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Ed Finn Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 08/28/2024 2:48 PM Completed 08/29/2024 1:00 PM Completed 08/29/2024 2:19 PM Completed 09/02/2024 6:09 PM 09/10/2024 9:00 AM Packet Pg. 34 10.A. a RESOLUTION NO.2024 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING THE LEGALIZATION OF THE USE, POSSESSION, CULTIVATION, DELIVERY AND SALE OF RECREATIONAL MARIJUANA. WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"), has been made aware of Amendment 3, a proposed amendment to the Florida Constitution that is scheduled to appear on the November 5, 2024 ballot; and WHEREAS, Amendment 3, titled as "Adult Personal Use of Marijuana", would amend the Florida Constitution to legalize recreational marijuana, by allowing adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non -medical personal consumption, and allowing state licensed entities to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories; and WHEREAS, since 2012, several states have legalized the cultivation, commercial sale, and recreational use of marijuana; and WHEREAS, the legalization and commercialization of marijuana have spurred the growth of a profit - driven marijuana industry that has pursued its profits ahead of public health; and WHEREAS, between 2012 and 2022, the number of past -year marijuana users nearly doubled from 31.5 million to 61.9 million, and WHEREAS, between 2020 and 2022, the number of Americans with cannabis use disorder increased from 14.2 million to 1.9.0 million, based on the DSM-V criteria; and WHEREAS, in 2022, more than 30% of past -year marijuana users had a cannabis use disorder; and WHEREAS, in 2022, there were more past -year daily or almost daily users of marijuana than alcohol, with 15.1 million and 11.7 million, respectively; and WHEREAS, following legalization in California and Colorado, emergency room visits and admissions related to marijuana abuse is up 89% in California and marijuana -related hospitalizations in Colorado increased 148%; and WHEREAS, the Board believes that the effort to legalize recreational marijuana is contrary to the interests of the public health, safety, and welfare, and desires to preserve the rights of citizens to live and work in a community where drug use is not normalized and citizens are not subjected to the adverse effects of drug misuse; and WHEREAS, the average potency of marijuana increased from 3.75% THC in 1995 to 15.80% in 2018 The use of high -potency marijuana is associated with the development of anxiety, depression, psychosis, and schizophrenia, in addition to cannabis use disorder; and Packet Pg. 35 10.A.a WHEREAS, our roadways must remain safe for our citizens to use, and the legalization of marijuana runs contrary to the goal of keeping our roadways safe for our citizens. In 2020, 24.3% of drivers involved in traffic fatalities tested positive for marijuana, up from 14.8% in 2013; and WHEREAS, advocates of marijuana legalization routinely overestimate the revenue that will be collected and fail to account for the limited marijuana tax revenue collected is offset by even greater costs to taxpayers, ranging from additional healthcare costs to more students dropping out of high school; and WHEREAS, in Colorado, every $1 in tax revenue from the sale of marijuana was associated with $4.50 in costs, ranging from increases in healthcare utilization to lost productivity; and WHEREAS, all states that have legalized marijuana have failed to curtail the illicit market and drug cartels continue to exploit these black-market sales because they do not want to operate within a regulatory system; and WHEREAS, states that have legalized marijuana have had a profound impact on rates of youth use, coinciding with decreases in risk perception, and increases in illicit behavior; and WHEREAS, a 2022 analysis of a longitudinal cohort study of 21,863 individuals found that youth in states with legal recreational marijuana were more likely to use marijuana than youth in non -legal states; and WHEREAS, a recent study found that recreational marijuana legalization was associated with a 25% increase in adolescent marijuana use disorder; and WHEREAS, marijuana legalization advocates have argued that legalization will reduce overall crime, but in "legal" states marijuana crime rates have risen at a faster rate than other states across the country. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Collier County, Florida, is strongly opposed to the legalization and commercialization of recreational marijuana and. the proposed Amendment 3. ADOPTED upon majority vote this day of 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Chris Hall, Chairman APProvqdJ6_[I;�and legality: JeffreyW rlafzrkow, County Attorney Packet Pg. 36 10.A. b FLORIDA SHERIFFS ASSOCIATION Resolution 2024-01 Florida Sheriffs Association Resolution Opposing the Legalization of the Use, Possession, Cultivation, Delivery and Sale of Recreational Marijuana. WHEREAS, since 2012, several states have legalized the cultivation, commercial sale, and recreational use of marijuana; and WHEREAS, the legalization and commercialization of marijuana have spurred the growth of a profit -driven marijuana industry that has pursued its profits ahead of public health; and WHEREAS, between 2012 and 2022, the number of past -year marijuana users nearly doubled from 31.5 million to 61.9 million; and WHEREAS, between 2020 and 2022, the number of Americans with cannabis use disorder increased from 14.2 million to 19.0 million, based on the DSM-V criteria; and WHEREAS, in 2022, more than 30% of past -year marijuana users had a cannabis use disorder; and WHEREAS, in 2022, there were more past -year daily or almost daily users of marijuana than alcohol, with 15.1 million and 11.7 million, respectively; and WHEREAS, following legalization in California and Colorado, emergency room visits and admissions related to marijuana abuse is up 89% in California and marijuana -related hospitalizations in Colorado increased 148%; and WHEREAS, the Florida Sheriffs believe the effort to legalize recreational marijuana is contrary to the interests of the public health, safety, and welfare, and desires to preserve the rights of citizens to live and work in a community where drug use is not normalized and citizens are not subjected to the adverse effects of drug misuse; and WHEREAS, the average potency of marijuana increased from 3.75% THC in 1995 to 15.80% in 2018. The use of high -potency marijuana is associated with the development of anxiety, depression, psychosis, and schizophrenia, in addition to cannabis use disorder; and WHEREAS, our roadways must remain safe for our citizens to use, the legalization of marijuana runs contrary to the goal of keeping our roadways safe for our citizens. In 2020, 24.3% of drivers involved in traffic fatalities tested positive for marijuana, up from 14.8% in 2013; and WHEREAS, advocates of marijuana legalization routinely overestimate the revenue that will be collected and fail to account for the limited marijuana tax revenue collected is offset by even greater costs to taxpayers, ranging from additional healthcare costs to more students dropping out of high school; and Packet Pg. 37 10.A. b WHEREAS, in Colorado, every $1 in tax revenue from the sale of marijuana was associated with $4.50 in costs, ranging from increases in healthcare utilization to lost productivity; and WHEREAS, all states that have legalized marijuana have failed to curtail the illicit market and drug cartels continue to exploit these black-market sales because they do not want to operate within a regulatory system; and WHEREAS, states that have legalized marijuana have had a profound impact on rates of youth use, coinciding with decreases in risk perception; and increases in illicit behavior; and WHEREAS, a 2022 analysis of a longitudinal cohort study of 21,863 individuals found that youth in states with legal recreational marijuana were more likely to use marijuana than youth in non -legal states; and WHEREAS, a recent study found that recreational marijuana legalization was associated with a 25% increase in adolescent marijuana use disorder; and WHEREAS, marijuana legalization advocates have argued that legalization will reduce overall crime, but in "legal" states, marijuana crime rates have risen at a faster rate than other states across the country; and NOW, THEREFORE, BE IT RESOLVED by the Florida Sheriffs Association that: (1) THE FLORIDA SHERIFFS ASSOCIATION IS STRONGLY OPPOSED TO THE LEGALIZATION AND COMMERCIALIZATION OF RECREATIONAL MARIJUANA. (2) THIS RESOLUTION SHALL BE EFFECTIVE UPON PASSAGE. THIS RESOLUTION WAS ADOPTED BY THE GENERAL MEMBERSHIP OF THE FLORIDA SHERIFFS ASSOCIATION ON THE 23rd DAY OF JULY 2024. Sheriff Bill Leeper Nassau County FSA President Packet Pg. 38