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Floridians....you really, really REALLY need to elect some politicians who actually understand and respect democracy and the direct vote of the electorate.

I should think replacements may be well started with Rodrigues.
 
Florida medical cannabis retailer to expand to 49 dispensaries

Leading Florida medical marijuana retailer Trulieve has received the go-ahead to expand its dispensaries to 49 locations throughout the state.

According to the Tallahassee Democrat, this ends a lawsuit Trulieve filed against the Florida health department and the state will drop its appeal of a circuit judge’s ruling that a statutory cap limiting the number of dispensaries an MMJ company can operate was unconstitutional.

For more details on Trulieve’s plan for its 49 dispensaries, click here.
 

"discussion of a bill proposed by Health & Human Services Chair Ray Rodrigues that would limit THC levels in both smokable and ingestible medical cannabis products."

And does Rodrigues have a medical degree?...or is perhaps a bio scientist?....he is NOT. He is just another self-righteous politician who is again ignoring the clear will of the FL electorate.

Floridians....I don't care what your position is on MMJ.....what should drive your votes for your legislature is your position on democracy itself. Run these people out of Tallahassee.


Florida Lawmakers considering limit on THC in smokable medical marijuana


On March 21, smokable medical cannabis products finally became available in Florida dispensaries. But already, House lawmakers are proposing legislation to limit THC levels in those products. It’s a move that critics say undermines the recent repeal of the ban on smokable medical marijuana. THC limits, they argue, will simply force medical cannabis patients to purchase and smoke more cannabis.

Florida House Committee Chair Proposes 10 Percent THC Cap for Flower
On Wednesday, the Florida House will take up discussion of a bill proposed by Health & Human Services Chair Ray Rodrigues that would limit THC levels in both smokable and ingestible medical cannabis products. The bill would also erect barriers for sick children, making it more difficult for minors to obtain full-strength medical cannabis products. Another provision would give the Florida Dept. of Health authority to fast-track any new rules addressing the state’s medical marijuana program.

The specific caps would limit THC in smokable products to a level far below the industry standard for flower. A 10 percent THC cap would likely require cultivators to breed new, less potent strains. The proposed limits for edibles would be higher. A 35-day supply of medical cannabis edibles, for example, would have a 7,000 mg total cap. 200 mg per day is more than most patients—but not all—would require.

Critics Say THC Limits Will Cause More Spending and More Smoking
Two weeks ago, Florida Gov. Ron DeSantis signed the legislature’s repeal of the ban on smokable medical marijuana into law. Gov. DeSantis had himself pushed for the repeal of the smoking ban. But Rodrigues, who is a Republican, cited studies linking high-potency cannabis to psychosis and schizophrenia, as well as studies suggesting cannabis produces deleterious effects on developing brains, as reasons for his proposal.

Yet studies on cannabis use and mental illness are far from conclusive. Often, researchers publicize preliminary results that have not been vetted or peer-reviewed. But since such studies fit a popular anti-legalization narrative, lawmakers often neglect taking a closer look at their actual findings.

But whether or not Rep. Rodrigues’ concerns are well-founded, critics say a cap on THC won’t produce the desired effect. Ben Pollara, a legalization advocate and critic of the proposal, called it “a tax on patients.”

The 10 percent limit, Pollara said Tuesday, will force patients to pay more “to buy more marijuana to achieve the same effect as if the caps were not in place.”

Additionally, patients seeking to achieve the same effect with lower-potency flower will have to smoke more, negating one of the declared objectives of the bill. If patients can’t afford to purchase more flower, the cap has the same effect as a ban.

Bill Would Make It Harder for Minors to Obtain Medical Cannabis Treatments
Another provision of Rodrigues’ proposal would expand medical marijuana requirement for minors. Currently, Florida minors need approval from two doctors to obtain medical cannabis treatments. If those treatments call for smokable products, the second recommending physician must hold a medical board certification.

Rodrigues’ proposal would increase those requirements. A second approval from a board-certified pediatrician would be a requirement for all forms of medical cannabis, from tinctures and oils to flower. If the proposal becomes law, caregivers of children with qualifying conditions would have trouble accessing anything by low-THC cannabis.
 
Florida court rejects homegrown medical marijuana for Tampa strip club owner

TALLAHASSEE — Tampa strip-club owner Joe Redner doesn’t have the legal right to grow his own medical marijuana to combat lung cancer, an appeals court ruled Wednesday.

The decision by the 1st District Court of Appeal overturned a ruling by Leon Circuit Judge Karen Gievers, who last year gave Redner the go-ahead to grow marijuana for juicing purposes.

Redner’s lawsuit rested on a voter-approved constitutional amendment that broadly legalized medical marijuana in Florida in 2016.

Redner’s lawyers argued that, because he is a qualified patient, the constitutional amendment gave him the right to possess and use the whole growing plant and process his own marijuana.

Redner’s doctor ordered a juicing treatment that uses live marijuana plants to prevent a relapse of his stage 4 lung cancer, according to court documents. Emulsification, or juicing, of the “biomass of the marijuana plant” was determined to be “the most effective way” for Redner “to get the benefit of medical marijuana,” Gievers decided.

But a three-judge panel of the appellate court found that Redner’s interpretation of the amendment “is not supported by the plain language of the Constitution and renders portions of the Constitution meaningless.”

The amendment allows qualified patients to “acquire, possess, use, deliver, transfer, and administer marijuana in amounts that do not conflict” with Florida Department of Health rules, Judges T. Kent Wetherell and Scott Makar and Associate Judge Monica Brasington wrote in Wednesday’s eight-page order.

“The term ‘use’ is not defined by the amendment. However, it is clear, when one examines the entire amendment, that ‘use’ does not mean ‘grow’ or ‘process,’ as Mr. Redner argues,” the ruling said.

The amendment also gives state health officials the duty to regulate medical marijuana operators’ cultivation practices, the judges noted.

“Without the ability to regulate the cultivation practices of qualified patients, the department would not be able to ensure that qualified patients are safely using marijuana,” the decision said.

Luke Lirot, an attorney for Redner, said the appellate court “parsed through [the language of the amendment] to come up with a way that would deny Mr. Redner and others that are similarly situated this important constitutional right.”

Health officials were “obligated” to allow Redner and others to grow their own medical marijuana “since the Constitution said you can possess a growing plant,” Lirot said.

Lirot said he hoped to have a more successful outcome by appealing to the Florida Supreme Court.
 
In every article I see on politicans in FL attempting to un-democratically undermine the express will of the electorate....one name keeps coming time after time. Ray Rodrigues, Ray Rodrigues, and Ray Rodrigues.

Ok, Ft Myers isn't Miami...but its also not in the sticks...its a vibrant modern community. What in the world are you people doing sending this guy back to the legislature? He clearly doesn't understand...or doesn't care...about the basic principles of democracy upon which this country's governments are based.

86 this guy, Ft Meyers....


Florida Republicans' THC Cap on Smokable Medical Marijuana Thwarts Voters' Will

If there is one thing most of us agree on in this divided state, it’s that medical marijuana should be legal. Floridians petitioned for it. They voted for it. The debate should have ended in November 2016, when 71 percent cast ballots saying patients with debilitating health conditions should be able to medicate with pot.

But less than a month after Gov. Ron DeSantis signed a bill permitting the smoking of medical marijuana, Florida House Republicans are once again rallying for restrictions nobody asked them to write. Leading the latest Prohibition-style drive is Fort Myers Beach Rep. Ray Rodrigues, who is sponsoring a bill to cap smokable marijuana at 10 percent THC — about half the potency of what's currently available in the dispensaries, meaning patients would have to double their consumption to obtain medicinal relief.

You would think that would concern Speaker of the House José Oliva of Miami, who claims to be an expert on marijuana because his family owns a cigar company.

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“I’ve been in the smoke business my entire life,” Oliva told the Associated Press in January. “Is one to believe that an 8-year-old child should be smoking marijuana and inhaling smoke into their lungs? I’ve never heard anyone say it’s good for you.” (Perhaps Oliva should shut down the family business if he’s so concerned about the dangers of smoke inhalation. Tobacco is a proven carcinogen, while marijuana is proven to kill cancer cells, according to several studies.)

Then there’s Republican Rep. Cyndi Stevenson, who fears high-THC marijuana will make people violent.

“It’s appropriate if we use caution,” she told the Associated Press on Wednesday. “The idea that we would put a stamp of approval on something that enhances violence, perhaps, even if it’s a small fraction of the community, is something that should give us all pause.”

Rodrigues, who heads the House Health and Human Services Committee, says he is basing his anti-THC bill on research that shows marijuana with THC greater than 10 percent can induce psychosis. But the study he’s referring to is far from conclusive.

The Swedish study was based on patients who had experienced at least one psychotic episode in their lives and then self-reported their previous marijuana usage to researchers. The patients were asked about the potency of the weed and how often they used it. Researchers then determined the patients who reportedly smoked high-potency weed or smoked on a daily basis were three times as likely to develop psychosis.

While it is not only impossible to determine the exact potency of marijuana from the memory of a patient years later, another study suggests it’s more likely those patients were self-medicating with marijuana prior to their psychotic episode.

That would make sense to the 200,000 medical marijuana cardholders in Florida — a conglomerate of old, young, white, black, liberal, and conservative residents, many of whom were self-medicating their ailments for years before it was legalized.

Twelve Republicans in the House Health and Human Services Committee voted for the anti-THC bill on Wednesday, while five Democrats voted against it. Calls to Rodrigues and Oliva from New Times went unreturned.

The bill now heads to the Florida Senate. If approved, it will land back on the desk of the governor, who could win a lot of hearts and minds by vetoing the bill.
 
"However, a new Republican-backed bill could make it much more difficult for voters to have their say on the matter by changing the rules around petition led ballot initiatives. Under the proposed regulations, all paid petition gatherers must be Florida residents and ballot initiatives must include a detailed financial impact statement outlining how much of the financial backing is coming from Florida residents."

Yeah, well Morgan is a FL resident so this rational is utter BS....this has to be fought and fought hard...in the legislature and in the courts.


Florida's latest cannabis legalization Bill is dead


A bill that would have legalized recreational cannabis for adult consumption in the Sunshine State has failed, writes Calvin Hughes.

The bill introduced by Rep. Carlos Guillermo Smith (D) would have established a regulated retail market for cannabis, and allowed individuals age 21 and older to possess, purchase and consume cannabis. However, Smith's bill was killed before it began its journey through the legislature.

"It got no hearing, no debate, no vote," Smith told the Sun Sentinel. "Just like they always do."

Despite the bill's failure, Smith said he was confident he still succeeded in moving the issue forward, saying his bill "created a lot of discussion and dialogue." Smith said that even if the political will isn't there, the public supports cannabis legalization, citing a University of North Florida poll that found 62 percent of respondents were in favor of treating cannabis like alcohol.

"Poll after poll has shown the majority of Floridians support adult-use cannabis," Smith said.

However, a new Republican-backed bill could make it much more difficult for voters to have their say on the matter by changing the rules around petition led ballot initiatives. Under the proposed regulations, all paid petition gatherers must be Florida residents and ballot initiatives must include a detailed financial impact statement outlining how much of the financial backing is coming from Florida residents.

While Sen. David Simmons (R) said the new bill is meant to prevent out-of-state "moneyed interests" from "hijacking" Florida's ballot initiative process, it also means Florida cannabis advocates will be limited in how they can work with marijuana legalization groups from outside the state. For Smith, this is a direct attack on Florida's cannabis legalization movement.

"They're changing the rules of the game in the middle of the game," Smith said. "A lot of activists feel very frustrated. They followed the rules, did what they were told, and now all of a sudden the Legislature wants to enact a new set of rules."

The rejection of recreational cannabis legalization in Florida comes just a few weeks after the state began allowing patients to smoke their medical marijuana.
 
FL voters....you really, really need to go to war over this idiocy and its sponsor....Ray Rodrigues.

Patients, Veterans and scientists react to Florida's proposed THC cap on medical marijuana


A proposed bill to limit the strength of medical marijuana in Florida is garnering some much-deserved criticism from patients, veterans and experts, writes Calvin Hughes.

The new bill before the Florida legislature would make life much harder for many medical marijuana patients in the state. The legislation, which is sponsored by Republican Representative Ray Rodrigues, would cap the THC content of medical cannabis at 10 percent. Rodrigues claims his bill is based on research that suggests consuming cannabis with higher levels of THC could lead to psychosis while lower levels of THC can be medically beneficial.

"There's absolutely science that shows the product of medical cannabis that's ten percent or less of THC is helpful for medical conditions," Rodrigues said during a recent House committee vote for his new bill. "I'm a believer. I was an agnostic on that when we passed the constitutional amendment. I've studied the science, and I've been led to believe that absolutely there's a benefit from that."

However, critics argue that Rep. Rodrigues sourced his evidence from poorly conducted studies. Ron Watson - the director of governmental affairs for the Florida medical marijuana dispensary chain AltMed Florida - says the scientists he works with have assured him that "no scientifically valid conclusion can be drawn" on THC's association with psychosis.

But the proposed THC cap could pose serious problems for Florida's medical marijuana patients. People who need higher-THC cannabis to treat particular conditions will be forced to spend more money to get the same relief, said Rep. Carlos Guillermo Smith (D).

"If there's less THC in the medical cannabis product, then folks are going to need to smoke more of it. The reality is that to overcome that, they're either going to buy more product that isn't flower…or they're going to forego all of this, and because it doesn't have the THC content that they need, they're going to go to the black market."

Veterans groups, who are often at the forefront of medical marijuana activism, have also voiced their concern about the new legislation. The bill is bundled with a plan to give veterans free medical marijuana cards, which saves them $75 a year. But Jimmy Johnston - President of the North Florida chapter of Weed for Warriors - said introducing the free marijuana cards with the THC cap is just a way for legislators to take advantage of an at-risk community.

"A bill that was supposed to be about helping a community that is plagued with drug addiction and drug overdose…a bill that was supposed to be about helping a veteran community that is plagued (with) suicide is now being used as leverage by lawmakers to try and impose their will on the people," Johnston said.

If passed, the bill would be a major step back for a state that has recently been making some real improvements to its medical marijuana program. Last month, Florida lawmakers finally lifted the state's ban on smokable medical marijuana, opening up many more treatment options for patients. Fortunately for marijuana reformers, the bill's chances of becoming law look slim. While the measure is now ready for a full House vote, its Senate counterpart has yet to be filed. Lawmakers only have a few more weeks to draft the Senate version of the bill before the current legislative session closes on May 3.
 
All distractions to keep us from addressing the REAL problem, unfettered industry wide push for high profit margin products, and red tape for the raw material from which all the products are made. The industry and the state continue the ancient practice of divide and conquer. First, let's set the concentrate and flower patients at odds with each other...get them fighting with each other and mistrusting each other. Make it so a statement pro flower comes off as anti concentrate and visa versa. Then let's set the smokers and vape-ers at odds with each other. Skip the step of offering flower for the vape of our choice and go directly to a red tape heavy smokable approval. Make the vape-ers feel like the smokers are their enemy. It's all from the play books: https://www.amazon.com/Divide-Conquer-Customers-Through-Segmentation/dp/0471176338

NORML at the national level states that patients must be given access to "whole-plant cannabis" but when you read the fine print you see they could mean concentrates...so they are not really SAYING flower. They do however push for patient home grows, good, but I know first hand in TALLAHASSEE there are pro-smoking volunteer and paid lobbyists for NORML who have drunk the smoker Koolaid so what we get are PRE ROLLS before we can get decriminalization of third party vaporizers. Anybody here with NORML?

Lots of comments here about Rodrigues, but follow the money. He has big contributions from booze and tobacco...BIG when you add up all the 1000.00 here and there. He is just the puppet. We need to go after the master. Don't get me started on who everyone thinks will save the day, Mr. Morgan.
 

Florida adds eight more medical marijuana business licensees



Florida’s medical cannabis marketplace is set to see a significant boost in the number of businesses that can operate in the state as regulators approved licenses for eight more firms in addition to the 14 existing MMJ operators.


The state will grant the additional licenses to companies that failed to gain approval during the first round of licensing in 2015, the News Service of Florida reported.
The news agency also noted the settlement puts an end to months of legal battles surrounding the Florida health department and the original losing applicants.

For more details about the additional medical marijuana companies in the Sunshine State, click here.
 
Floridians....WAKE THE FUCK UP and camp on your legislator's doorstep until they commit to killing this imbecilic assault on the expressed will of the electorate.

Oh...and see is you can shitcan Ray Rodrigues while you are at it, eh?


Florida could be first state to limit THC in smokable medical marijuana
Ray Rodrigues filed to amend Senate bill, implement 10% cap.

A legislative proposal could make Florida the first state to regulate tetrahydrocannabinol, or THC, levels in smokable medical marijuana.

Rep. Ray Rodrigues, an Estero Republican, earlier this year sponsored legislation (HB 7117) to limit the levels.

The bill was sent to the House floor but awaits a vote. The Senate has not acted on the issue.

Now, Rodrigues has filed an amendment with the 10 percent THC cap to a health care licensing bill (SB 188) already passed by the Senate. He wants the measure added before the House approves the legislation.

That bill, on the “special order” calendar, is scheduled to be heard in the House Tuesday night. That means members can ask questions about the measure and offer amendments.

When he carried his own bill in the House, Rodrigues argued marijuana plants today have too high a THC potency. Some have levels as high as 35 percent, he said.

He argued in committee that products with a higher THC potency have the potential to cause psychosis.

A study published last month by The Lancet backs that claim up, to a degree.

It found patients with certain psychiatric conditions who use high-potency cannabis face five times the risk for a psychotic disorder.

Critics of The Lancet study say it’s limited in scope and patients with the high-risk conditions leading to psychosis make up a minuscule proportion of medical marijuana patients.

Marijuana advocates, who with the support of Gov. Ron DeSantis just won the political fight for smokable marijuana, also say Rodrigues’ proposal moved medical regulation in the wrong direction.

While supporters of caps on THC say 17 states already have such limits in place, none do for “whole flower,” meaning smokable marijuana.

To even get to the number 17 requiring any THC limits takes creativity.

One must include three states — Idaho, South Dakota and Nebraska — where medical marijuana remains illegal.

The other 14 states only allow cannabidiol, or CBD, oils to be used medicinally. CBD contains only trace amounts of THC, the compound in marijuana that produces a “high.”

Texas, for example, just rolled out a program allowing oils with no greater than 10 percent THC for medical use. But the state does not allow medical marijuana to be smoked.

“The only states where you are going to find limits on THC are the CBD-only states,” confirmed Carly Wolf, state policies coordinator with NORML. No state allowing patients to smoke marijuana limits how much THC can be found in the plant.

Additionally, Rodrigues’ proposal doesn’t address THC concentrations for vaporizer oils, which can have concentrations in the range of 75 percent.

Opponents argue that the regulation would cause medical marijuana costs to skyrocket — if it takes only one or two puffs for the desired medicinal effect of a higher-concentration whole flower product, one capped at 10 percent would require patients to consume more.

Requiring patients to smoke more marijuana also runs counter to the House’s longtime position that smoking was not a “proper” way to consume the medicine.

Florida is one of 23 states that has a medical marijuana program in place but where recreational marijuana remains against state law.

And while the federal government still classifies marijuana as a Schedule I controlled substance, federal law now prohibits the U.S. Justice Department from spending funds to interfere with state medical marijuana programs.
 
"Despite ongoing efforts by the Florida Legislature to thwart the will of the people"

Gosh...you would almost think I wrote this article based on this quote! haha


Florida is the Nation's fastest-growing medical marijuana market


Despite ongoing efforts by the Florida Legislature to thwart the will of the people, Florida likely has the fastest- growing medical marijuana program in the nation.

More than 213,000 people are enrolled, with 10,000-plus signing up every month.

New York, by comparison, implemented its medical marijuana program 18 months before the Sunshine State and has fewer than half the patients – even though the number of prescribing doctors is similar.

Arizona, which is probably second to Florida (no one group keeps comparable numbers), had almost triple the number of medical pot users at the beginning of 2018. By the end of March, the last numbers available, Florida had 8,000 more.

David Kotler, a South Florida attorney who founded the Medical Marijuana Business Lawyers, LLC, says doctors here have been more eager to participate in the program than those in the Northeast states. He mentions Maryland in particular.

“Physicians in Florida were willing to see patients for eligible conditions,” he says. “In other states, it was slower to roll out.”


Another reason for the Florida market's rapid growth is a large senior population that is revolting against Big Pharma despite having to pay hundreds of dollars more for cannabis because it is generally not covered by insurance, let alone Medicare. One indication of patients' age in the state comes from Trulieve, among the state's biggest legal marijuana sellers, which says almost half — 45 percent — of its buyers are over the age of 50.

Robert Platshorn, age 76, has played a huge role in educating seniors about the benefits of marijuana on his Silver Tour, during which he has traveled the state and country by bus since 2011. “So many seniors have been able to use cannabis to get off opiates. The doctors in this state were handing [opiates] out like candy for so many years,” he says.

In one of the greatest “Florida man” stories ever told, Platshorn became a cannabis activist after spending 30 years in prison for smuggling marijuana into Florida from Colombia during the 1970s, when mainstream America still viewed weed as the devil’s lettuce.

The state’s cannabis industry employs more than 10,000 people, which is expected to increase by 50 percent next year when analysts believe $1 billion in cannabis will be sold. Two of the state’s top cannabis companies are already expanding into California.

Many seniors were drawn to weed after they were forced off pharmaceuticals by a state law that went into effect last July that issued stronger guidelines for doctors prescribing opioids and other controlled substances.

“Since the new opioids laws were passed in July, a lot of these patients who have been on opioids for a long time are now restricted [from] getting them,” says Dr. Derek Murphy, who has been issuing recommendations for marijuana in Florida since September. “Primary care doctors are now afraid to write them prescriptions.”

Florida does not list opioid addiction as one of the debilitating conditions that qualify for a marijuana recommendation, but studies have shown that opioid deaths decline in states where medical marijuana is legalized.

And though no connection was made to the flourishing cannabis industry in Florida, Palm Beach County earlier this year reported a 41 percent decline in opioid deaths in 2018 compared to the previous year. Also in 2018, more than 100,000 patients were added to the medical marijuana registry, according to the state Office for Medical Marijuana Use, which posts weekly updates.

But Florida Republicans last month rejected an amendment that would have allowed doctors to recommend cannabis to treat opioid addiction.

Yet another reason why Florida has a fast-growing cannabis industry is the state’s long, rich history with marijuana. In the 1970s, bales of marijuana sometimes fell from the sky, and even these days, bales sometimes wash ashore.

“This was ground zero; this is where the marijuana industry came in,” says Ken Behr, age 61, who moved to South Florida in 1973 from New Orleans and began smuggling weed from Colombia. “We’re a sophisticated market, so you have a customer who is educated to the product.
 
Chart: Florida medical cannabis market surges ahead, with five companies dominating

Florida-dispensary-growth-v5.png


Florida’s medical marijuana market is booming, with an average of nearly two dispensaries opening each week across the state.

The number of enrolled patients recently zipped past the 200,000 mark with more than 10,000 new patients signing up each week.


But despite numbers that make the Sunshine State among the fastest-growing MMJ markets in the country, Florida currently reflects an oligopoly rather than a highly competitive market: As of April 25, five licensed businesses operated 98 dispensaries, or 82% of the state’s 119 dispensaries.
The state currently has 14 license holders. The remaining nine have stuck to delivery and/or maintained modest dispensary footprints – or aren’t operational.

The landscape is poised for change, though: State regulators have approved licenses for eight more firms. The increase stems from a legal settlement regulators reached with the companies that failed to get a permit in the initial 2015 licensing round.

The torrid market also will sizzle even more from new products on the shelves later this year as a result of these developments:

  • The state’s ban on smokable flower was repealed in March.
  • Florida’s Department of Agriculture finalized edibles rules in April.
For the time being, the five dominant companies have been busy leading the way by opening new dispensaries across Florida’s vast expanse.

Overall, Florida license holders opened 85 dispensaries in the 52 weeks between April 18, 2018, and April 19, 2019, equivalent to an average of 1.6 dispensaries a week.

The pace has accelerated so far in 2019, with 31 dispensaries opening in the first 16 weeks of the year alone, or practically two dispensaries a week.

The five dominant players are (current number of dispensaries, % of total dispensaries in state):

  • Trulieve, 28 (23.5%)
  • Curaleaf, 24 (20.2%)
  • Surterra Wellness, 23 (19.3%)
  • Liberty Health Sciences, 13 (10.9%)
  • Knox Medical, 10 (8.4%)
Regulators have been under fire over the state’s licensing process dating to 2015, when multiple applicants were denied licenses despite coming within one point of the score of winning licensees.

This led to years of legal disputes between applicants and state regulators, as well as lawsuits claiming the state’s dispensary cap was unconstitutional.

One question is to what extent these late-to-the-game licensees will be able to compete against the dominant five and potentially change the dynamics of the Florida market?

Sally Peebles, a cannabis attorney with Vicente Sederberg’s Florida office, told Marijuana Business Daily that while the existing license holders have enjoyed a head start on prime real-estate locations, she believes the newer licensees will have ample opportunities in the long run.

For example, despite a fast patient ramp-up, she noted that Florida’s medical marijuana market has just a quarter of the dispensaries of Colorado’s MMJ market but roughly four times the population.

“This shows that the Florida market still has a lot of growth to do, and there is plenty of room for new industry players to enter,” she wrote in an email.

There’s another competitive factor at play.

Trulieve – the market leader with 28 dispensaries – can now open up to 49 stores, thanks to winning a lawsuit earlier this year. That’s 14 above the current limit of 35, which is tied to patient counts.

Peebles, who will provide insights on the Florida market at MjBizConNEXT in June, sees that as a potentially positive development for the entire industry.

She noted that other license holders can pursue their own legal challenge to the dispensary cap – pointing to the Trulieve case as precedent.
 
While this headline would seem to imply that the FL House is actually defending MMJ, what they are in fact trying to defend is a post-referendum/post-constitutional amendment law that in fact unlawfully restricts the MMJ program that the electorate voted for.

They have been, and still are, the bad guys in this and we should be grateful to the FL judiciary as apparently they can read plain English of the Amendment and any citations therein....something the House seems incapable of doing.

FL, you need to clean HOUSE!


House seeks to defend medical marijuana law

TALLAHASSEE, Fla. (NSF) - As court battles continue about whether the state is properly carrying out a 2016 constitutional amendment that broadly legalized medical marijuana, the Florida House is again trying to weigh in.

House attorneys Friday gave notice that they will appeal a Leon County circuit judge’s ruling that blocked the House from intervening in a lawsuit to help defend a controversial 2017 law that was designed to carry out the constitutional amendment. The move came as the House also is asking the 1st District Court of Appeal to allow it to intervene in another case about the 2017 law.

The notice filed Friday, as is common, does not detail the House’s arguments. But it seeks to overturn a decision last month by Leon County Circuit Judge Charles Dodson that kept the House out of a lawsuit filed by Patients and Producers Alliance, Inc. against the Florida Department of Health.

The non-profit Patients and Producers Alliance argues in the lawsuit that the 2017 law violates the constitutional amendment because it improperly restricts medical-marijuana firms. The House has contended in circuit court that it should be allowed to defend the law, in part pointing to the state’s need to navigate federal laws, under which marijuana remains illegal.

“The Florida House of Representatives, as one-half of the state’s policymaking branch, is well-situated to respond to the plaintiff and the court in defense of (the 2017 law),” the House said in a January filing in circuit court. “Notably, the MMA (medical marijuana amendment) gives implementation authority --- not policy making authority --- to the Department of Health, and the Florida Constitution’s strict, express separation of powers precludes this court from exercising policy making authority. That leaves the Legislature with the sole constitutional authority to make the necessary policy choices for how to implement the MMA within the limits of an otherwise conflicting and superseding federal drug policy.”

But Dodson issued a two-page order last month rejecting the House’s arguments and cited a November decision in another case in which he blocked the House from intervening. The House also has appealed the ruling in that case, filed by the Tampa-based firm Florigrown.

“The court concludes that the Department of Health is the proper defendant in this case, and because even the Legislature’s policy making authority must comport with the Constitution, the House does not have a direct and immediate interest in the matter at issue in this litigation such that it stands to gain or lose by the direct legal operation and effect of any judgment rendered by this court,” Dodson wrote in rejecting the House’s involvement in the Florigrown case.

The 2017 law has drawn a series of legal challenges because of restrictions it placed on the fast-growing medical marijuana industry. As an example, the law drew a challenge because it banned smokable medical marijuana. After the state lost in circuit court, Gov. Ron DeSantis this year pushed through legislation that eliminated the ban on smokable marijuana.

The Patients and Producers Alliance and Florigrown lawsuits challenge issues such as restrictions on the numbers of firms that can be approved to do business and a requirement of what is known as “vertical integration.” That requirement forces firms to grow, process and sell medical marijuana --- as opposed to businesses being licensed to play different roles in the industry.

Dodson last year ruled in favor of Florigrown and issued a temporary injunction requiring state health officials to begin registering Florigrown and other medical-marijuana firms to do business. The state, however, has appealed the temporary injunction, with a hearing scheduled June 11 at the 1st District Court of Appeal.
 
Florida Board of Medicine signs off on smokeable medical marijuana changes
Posted By Christine Sexton, News Service of Florida on Mon, Jun 10, 2019 at 7:23 pm

While some members expressed concern about patients smoking medical marijuana, the Florida Board of Medicine has approved forms for doctors to use in ordering smokable pot.

The board Friday agreed to change its medical-marijuana rules so that physicians can certify that the benefits of smoking marijuana for medical use outweigh the risks. It also agreed to change mandatory informed-consent forms that physicians and patients must fill out together.

But not all Board of Medicine members were on board with the changes, which came after Gov. Ron DeSantis pushed lawmakers this year to approve a bill allowing smokable medical marijuana.

“Obviously, our society is moving in that direction, approving marijuana socially, and perhaps my issue is not so much the use of marijuana but delivering a medication via inhaling products of combustion,” board member Jorge Lopez, a physician from Maitland, told the News Service of Florida after the meeting. “No other medication in the United States is delivered like that.”

One form that will be filled out by physicians will document that smoking is an appropriate route to administer marijuana for patients. The second is a mandatory informed-consent form.

Florida voters approved a constitutional amendment in 2016 that broadly legalized medical marijuana. The Legislature in 2017 passed a law to implement the amendment but included in it a prohibition against smoking medical marijuana. The smoking ban was successfully challenged in circuit court, but then-Gov. Rick Scott’s administration appealed the decision.

Shortly after getting elected in November, DeSantis distinguished himself from his predecessor and came out in support of smoking medical marijuana.

DeSantis gave lawmakers until March 15 to do away with the smoking ban. If they didn’t, he threatened to drop the state’s legal efforts to defend the ban. DeSantis signed the legislation lifting the smoking ban March 18. Within days, some pot dispensaries began quickly selling whole flower smokable products.

While the Board of Medicine has worked on finalizing the changes, the state Office of Medical Marijuana Use issued a notice advising physicians they can use their existing informed-consent and attestation forms.

Before the Board of Medicine approved the new forms, staff members discussed some concerns that the Joint Administrative Procedures Committee had. The committee is an arm of the Legislature that reviews whether rules properly track laws.

Committee chief attorney Marjorie Holladay noted that the new documents to be used by doctors interchangeably use the words “cannabis” and “marijuana,” and include references to the vernacular “joint.” Holladay suggested a possible amendment to explain that a joint is a marijuana cigarette, which the Board of Medicine declined.

The committee also flagged some concerns with new language regarding children smoking marijuana. When the Legislature passed the bill in March, it limited access to smokable marijuana by children under age 18. Under the law, only children who are terminally ill can have access to smokable marijuana. The mandatory informed-consent form has a specific section about authorizing access to marijuana for terminal children.


WTF - Don’t forget about vaporizing flowers.
CK
 
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Nikki Fried names doctors, lawyers, patients to new Medical Marijuana Advisory Committee

Agriculture Commissioner Nikki Fried has released the names on her newly created Medical Marijuana Advisory Committee, which will “help improve the state’s medical marijuana policies,” she said in a statement.

“I’m proud to establish the advisory committee to help expand patient access and to advance and modernize policies to move Florida into the future of medical marijuana,” Fried said. Some names had leaked out recently on social media.

Her new Cannabis Director, Holly Bell, will be in charge of overseeing the committee’s work.

“This is a plant that not only improves people’s quality of life, it’s an alternative to sometimes-dangerous pharmaceuticals and addictive opioids,” said Fried, a former medical marijuana lobbyist. “It’s a medicine that an overwhelming majority of Floridians came together for, calling for constitutionally guaranteed access.”

The new 18-member committee “will convene telephonically and in-person bimonthly to work through ways to expand patient access, increase innovation and technology in the industry, and make recommendations to the Legislature and the Department of Health’s Office of Medical Marijuana Use to improve Florida’s medical marijuana policies and programs,” the commissioner added.


“From affordability to accessibility and safety, we have a moral obligation to act in the best interest of Florida’s patients, and to improve and build progress on our state’s current medical marijuana policies to best deliver this important medicine — and the medical marijuana advisory committee will help us deliver,” Fried said.

“I’m thankful to all of our committee members for their commitment and look forward to working with them on behalf of Florida’s patients.”

The members of the committee, with some descriptions provided by the department, are:

Kim Rivers. The CEO of the Trulieve medical marijuana provider “has 12 years of experience running successful businesses from real estate to finance as well as years in private practice as a lawyer, specializing in mergers, acquisitions, and securities for multimillion dollar companies.”

— Dr. Barry Gordon. The owner and Chief Medical Officer of Compassionate Cannabis Clinic in Venice “is one of Florida’s most experienced medical cannabis providers.” He’s the doctor who recommended that Tampa strip club mogul Joe Redner make juice of live marijuana plants to keep his cancer in remission. Redner sued the state and lost in an effort to grow his own cannabis.


David Kotler. He’s a partner in the Cohen Kotler law firm in Boca Raton and is “of counsel” to the Hoban Law Group in Denver, “where he’s worked on legal issues pertaining to cannabis and hemp.” That firm describes itself as “the nation’s premier “cannabusiness” law firm.” Colorado has legalized both medicinal cannabis and general adult use of marijuana.

Dr. Michelle Weiner. She’s certified in “Interventional Pain Management, and Physical Medicine and Rehabilitation.” She “researches substituting cannabis for opioids in chronic pain management at Nova Southeastern University and Florida International University.” She also bills herself as “South Florida’s medical cannabis and CBD expert and educator.”

Zachary Kobrin. The special counsel at the Akerman law firm in Fort Lauderdale has served as general counsel and chief compliance officer for a “multinational cannabis company and Florida medical marijuana treatment center” and “currently advises cannabis and hemp industry clients on legal, regulatory, and business development issues.”

Dan Russell. Now a regulated industries lawyer with Dean, Mead & Dunbar in Tallahassee, Russell — a former general counsel of the Florida Lottery — “represented one of the initial cannabis dispensing organizations in Florida and continues to represent clients involved in all aspects of legal cannabis.”

— Dr. David B. Corn. He “specializes in podiatry and founded Western Massachusetts Podiatry Associates. He was one of the first medical professionals certified to participate in the Massachusetts medical marijuana program.”

Cameron Vance. The Doctor of Pharmacy is “co-founder and chief information officer at Medical Marijuana Treatment Clinics of Florida, where he works with physicians and patients to improve quality of care and patient outcomes.”

Sally Kent Peebles. She’s a partner at Vicente Sederberg, a “national firm specializing in cannabis law and policy. She practiced with the firm in Denver before returning to Florida to open the firm’s Jacksonville office.”

Jacel Delgadillo. Her son “suffers from Dravet syndrome, a catastrophic form of epilepsy.” She “co-founded the nonprofit CannaMoms to help other children like hers and raise awareness on the benefits of medical cannabis.” She’s from Miami.

Eric Stevens. He “worked to legalize medical marijuana in Massachusetts before helping to lead the 2014 and 2016 efforts (Florida for Care) to legalize medical marijuana in Florida.” He’s now Director of Business Development at Kaycha Group, “which owns and operates EVIO Labs Florida, ISO accredited cannabis testing labs, and the MJ Buddy App.” The Miami Beach resident also applied for Bell’s cannabis director job earlier this year.

Mike Smuts. The “cannabis industry professional (has) operations leadership experience across all divisions of several vertically integrated businesses in Colorado and Florida.”

Ron Watson. The Tallahassee lobbyist focuses “on health care and medical cannabis.” He’s also Director of Governmental Relations for MüV, a Florida-based medical cannabis provider. He also was Executive Director of the Florida Society of Cannabis Physicians, “which closed after losing its bank.”

Antoinette Duncan. The president and CEO of Jacksonville’s Duncan Life Sciences “has 13 years of experience working with top pharmaceutical, medical device, and cannabis companies, and is currently a member of the ASTM D37 Technical Committee for Cannabis and Minorities for Medical Marijuana.”

Peter Barsoom. “Prior to founding 1906, a (Colorado) edibles company, Barsoom had an extensive career in finance and business strategy, holding senior management positions at leading institutions including American Express, Merrill Lynch, Morgan Stanley, BlueMountain Capital and Intercontinental Exchange. He serves on the board of numerous leading cannabis industry associations including the Marijuana Industry Group, Colorado Leads, and the New Jersey Cannabis Industry Association.” (A Florida Politics story on Barsoom from April is here.)

Paul Messer. He is a “Parkinson’s patient who retired from the contract furniture industry and holds a master’s degree in social work.”

Karen Seeb Goldstein. The West Park resident is a director of NORML of Florida, vice chair of Regulate Florida, and a medical marijuana patient.

Elaine Geller. The vice president of legislative affairs at Denver-based Amercanex, a “marketplace for institutional cannabis industry participants,” is also a member of the Congressional Cannabis Coalition, and of CanLab. Her “work focuses on cannabis policy development at the state and federal levels.”
 
While some members expressed concern about patients smoking medical marijuana,

Yes, but once again FL needs to be reminded that their electorate doesn't give a shit what they think....they voted and now its time for government and bureaucracies to implement their will. End of story.
 

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