Law Florida

[momofthegoons]

Steps being taken to decriminalize marijuana in Leon County

TALLAHASSEE, Fla. — Decriminalizing marijuana. It’s a topic that has come up before, but on Tuesday steps were made towards it actually becoming a reality.

The Holistic Cannabis Community met with the Public Safety Coordinating Council Tuesday to talk about marijuana. That meeting is the first step to coming up on city and county commission agendas.

Some drug offenses could end up being treated more like a parking ticket. It's a policy in place in other counties across the state and it could become reality here in Leon.

NORML is an organization here in Tallahassee that focuses on marijuana and how it impacts the community.

Representatives presented the public safety coordinating council with data throughout the county and state that supports how people are being impacted both negatively and positively by current drug laws surrounding marijuana and hemp.

It’s a conversation that State Attorney Jack Campbell started. The group explained that the county is arresting a lot of people without even knowing if the person is taken in for marijuana or hemp.

Data also showed that the arrests are primarily minority people between the ages of 18 and 25.

"We're going to be looking at how we might better level the playing field with respect to marijuana and its enforcement in this community. But for sure, the city and the county can't be different on this important topic," said Leon County Commissioner Bill Proctor.

The City Commission plans to address the issue, but a date hasn’t been set yet.

Leon County Commissioners will talk about a Cannabis Possession Ordinance later this month.

 

[momofthegoons]

There's a news clip that could not be loaded. Follow the link to view.

Local marijuana advocates pushing to get marijuana regulated like alcohol in Florida

TALLAHASSEE, Fla. — You may be able to purchase marijuana in the Sunshine State, just like you buy alcohol, if a local marijuana advocacy group has their way.

NORML Tallahassee advocates for the legalization of marijuana, safe and affordable access for responsible adults. They partnered with Sensible Florida to create a petition to regulate marijuana like alcohol.

They met with the Florida Office of Economic and Demographic Research for a public workshop at the Capital to discuss the possible economic impacts.

Marijuana advocates who attended the meeting say patients need better access to medication.

"The process is really long and pricey. So basically we hope to have more dispensaries and more establishments so patients can get in and have access to medication," said Lisa McCorkle, a medical marijuana advocate.

Regulating marijuana like alcohol means the age requirement for purchase would be 21 and up, it can only be sold by a licensed entity, and there would be more access because it would be more widely available.

 

[momofthegoons]

"Marijuana is not benign,” Madras said. “It is not safe. It is addictive.”

And as usual lol... there's a news clip that couldn't be embedded. Follow the link....

Florida representatives prepare for the possibility of recreational weed
'We need to be equipped to take a position'

TALLAHASSEE, Fla. — There’s a chance Florida voters will legalize recreational weed in 2020. Two initiatives to amend the state constitution continue to gather signatures to make the ballot.

On Tuesday morning, the Florida House's health and human services committee aimed to prepare for the possibility of such a change.

“We’re all going to be asked by our constituents where are we on this,” said Committee Chair Rep. Ray Rodrigues, R-Estero. “We need to be equipped to take a position and articulate why we’ve taken that position.”

For more than an hour, lawmakers tried to get up to speed on the risks of marijuana, inviting Dr. Bertha Madras, who teaches psychobiology at Harvard, to speak.

She didn’t pull any punches.

“Marijuana is not benign,” Madras said. “It is not safe. It is addictive.”

Madras cited data suggesting risks to highway safety are two times greater under the influence of pot. Plus, long-term use, she said, has been linked to mental illness.

Advocates for further legalization of weed also attended the committee hearing. Melissa Villar, with the group NORML Tallahassee, called herself a recreational user and was unconcerned who knew.

“That is exactly why we’re pushing for legalization,” she said. “We need to not be afraid of being arrested for having cannabis.”

Her group, NORML Tallahassee, was one of the sponsors of the two recreational marijuana ballot initiatives. She felt the best way to protect people from any potential harm was the legalization and regulation of the drug, much like alcohol.

“It’s crucially important to get people out from the underground,” Villar said. “Get it to legalized markets and get it out of the hands of teenagers.”

Chair Rodrigues said to expect more meetings like Tuesday’s the future, likely featuring those advocating recreational use.

To date, both ballot initiatives for recreational weed have yet to reach 100,000 valid signatures. They need more than 766,000 signatures by February to get on the ballot.

 

[Baron23]

IMO, the only way that FL gets rec is by referendum. The citizens need to stick it to their unresponsive, undemocratic politicians.

And, if done by referendum, I hope that the writers heed the lessons of the medical referendum and write it extremely explicitly as its clear that FL politicians think nothing of setting aside the electorate's expressed will in favor of their own agenda.



Recreational Marijuana Would Create More Than 100,000 Jobs in Florida, Study Says

The number of jobs related to hemp, cannabis, and marijuana could increase more than sevenfold in Florida by 2025 — that is, if recreational marijuana gains approval in the November 2020 election.

The prediction comes from a new study on the cannabis industry conducted by New Frontier Data.

"Assuming full federal legalization, New Frontier Data estimates cannabis jobs could reach 128,587 by 2025," says John Kagia, chief knowledge officer at the D.C.-based research group. That's up dramatically from the state's current number of cannabis jobs, which Kagia says is at 16,792.

Florida is also predicted to snag a 12 percent share of the nation's $29.7 billion legal market by 2025. As of last year, the survey says, Florida had an estimated 2.5 million cannabis consumers, defined as legal adults who reported using a cannabis product at least once in the past year.

New Frontier Data incorporated figures from government entities, retail sales from cannabis companies, and statistics from academic and medical institutions to make its predictions. The group also conducted a survey of 3,138 people in October 2018 to gauge their usage habits.

Kagia says the jobs coming out of the industry vary in skill levels and types of work.

"[T]he types of jobs have actually benefited a wide range of groups of workers: lower-skilled labor roles such as trimmers or budtenders, [plus] higher-skilled workers like extraction tech, chemists, and other manufacturers dealing with edibles," he says.

David Hasenauer, a cannabis policy expert based in Fort Lauderdale, says the industry's success will depend on the state's willingness to legalize recreational use. If it's approved, the sky's the limit.

"All in all, Florida cannabis consumer growth is positively correlated with the industry's growth and will only be tempered by the state's Legislature," says Hasenauer, with the caveat that he doesn't anticipate that happening anytime soon.

Florida's cannabis industry is already booming. As of August, the state had about 270,000 patients registered with a medical marijuana card, according to the study.

Dori Stibolt, a West Palm Beach attorney specializing in employment law, began following the cannabis industry after representing employees who had failed drug tests after using CBD products. She says Florida's unique population, including senior citizens and visitors from states where marijuana is legal, means a relatively large number of cannabis users are looking to buy related products.

"It's not even close to meeting its full potential, and a lot of that is because at the federal level it's still considered a Class 5 drug," she says.

Stibolt agrees recreational use probably won't pass in 2020. She expects fits and starts as voters warm up to the idea.

"It may just take another round for that to get passed," she predicts.

In the meantime, Stibolt and Kagia compare the growth of the cannabis industry to that of the dot-com boom, which saw a wide range of jobs quickly flood the market.

"I think it will be declassified, or the classification will change, and that will really open the floodgates," Stibolt says. "People are still really concerned about being in this business because of the federal restrictions.

 

[Baron23]

Five Bills That Would Change Florida's Marijuana Laws

Florida lawmakers have introduced a number of bills related to marijuana ahead of the 2020 legislative session.




Lawmakers are scrambling to keep pace with the ever-changing landscape of the cannabis and hemp industries here in Florida. As proponents of legalization lay the groundwork for a 2020 vote on adult use — more commonly known as recreational marijuana — officials are still trying to get a hold on the cannabis and hemp industries.


Some newly proposed bills would lay the foundation for future legalization of recreational marijuana, while others indicate a more lax approach to drug sentencing. As it stands now, lawmakers continue to grapple with their approach to licensing medical marijuana facilities and regulating public smoking now that hemp is legal. With that in mind, here's what state legislators have been working on lately.


1. Banning marijuana smoke in state parks (SB 670). The City of Miami Beach has just banned smoking marijuana in public, including its parks and beaches. Now, one lawmaker is looking to make an expanded version of that law apply statewide.


SB 670 was introduced by Republican state Sen. Joe Gruters. The bill would ban both smoking and vaping of all sorts within state parks. Gruters unsuccessfully introduced a similar bill earlier this year — SB 218 would have forced violators to either pay a $25 fine or commit to ten hours of community service, according to the Tampa Bay Times.


If passed, this new bill would take effect next summer.


2. Relaxing minimum sentences for marijuana crimes (HB 339). This House bill would allow judges to depart from minimum sentencing guidelines in the state for crimes involving the sale and trafficking of cannabis. While the law would still include guidelines, it would give judges more agency to determine sentences on a case-by-case basis.


The bill also changes the range of grams of cannabis in several trafficking charges, mostly upping the thresholds for each increased charge.


According to Florida Politics, backers of the bill say it's meant to empower judges to make their own decisions when it comes to sentencing. If approved, it would mark a major shift in the state's tough-on-crime approach of the last few decades.


Supporters say shorter sentences for minor drug offenses will save the state money and can help keep families together.


3. Redefining which companies can grow and sell cannabis (HB 149). This bill defines medical marijuana treatment centers and governs how the Florida Department of Health would dole out licenses to growers and dispensaries. This bill would also lift current limits on the number of applicants who can be licensed and remove the cap of 25 facilities per license granted.


The bill's sponsor, Republican state Rep. Anthony Sabatini recently tweeted that the high cost of medical marijuana licenses in the state is "just wrong."


Sabatini has also said he supports full legalization of marijuana, according to the Daily Commercial, which makes him stand out among his Republican counterparts in the House.


4. Amending criminal penalties for marijuana crimes (HB 25). Under this bill, criminal penalties for the possession of cannabis and THC products would be reduced. Juveniles would also be eligible for civil citations or diversion programs for those crimes.


Those in favor of the bill hope it will reduce the number of minorities currently incarcerated under charges of marijuana possession. That's because the bill would decriminalize marijuana possession for up to 20 grams of marijuana.


Anyone arrested on possession charges could also face lesser sentences and smaller fines. HB 25 would make possession of marijuana under 20 grams a noncriminal violation instead of a misdemeanor, according to ABC Action News WFTS Tampa Bay.


Democratic state Rep. Shevrin Jones of Broward County filed the bill. He recently tweeted: "Making our communities equitable and safer starts with ensuring that people have a fair shot. Floridians need reform of cannabis laws, and we will make sure we end the injustice of overcriminalization."


5. Allowing more businesses to sell medical marijuana and edibles (SB 212). This Florida Senate bill would revise the state's definition of edibles and low-THC cannabis products, as well as marijuana and marijuana delivery devices. In most cases, the definitions have merely been expanded to include medical marijuana retail facilities alongside medical marijuana treatment centers as legitimate places to obtain said products.


The bill would also make it illegal for qualified physicians and caregivers to have an economic interest in a medical marijuana retail facility.


SB 212 would have the most impact on medical marijuana retail facilities, authorizing them to dispense marijuana, marijuana delivery devices, and edibles under a new set of requirements. If passed, the state would begin issuing licenses to medical marijuana retail facilities in August 2020.


Approved facilities would have to work with a single treatment center to obtain and sell their products. The facilities would not be allowed to produce the products themselves.

 

[Baron23]

Florida medical marijuana use doubles in just one year



Since this time last year, the number of medical marijuana patients in Florida has more than doubled.
In fact, the state of Florida is the second-fastest-growing medical marijuana market in the country, according to a recent study done by Marijuana Business Daily.
In November 2016, medical marijuana became legal for Florida residents, but, despite the obvious upward trend, many in the industry say there is still a lot of misinformation about it.

CBS4’s Karli Barnett breaks down the facts and learned the process of accessing medical marijuana.
“There’s a lot more resources out there. From where we started in 2016 to now, is completely different with the medical marijuana program here in Florida,” says Kristin Petrik. We sat down with her at work to learn about her experience.

Petrik is one of about 400,000 Florida patients who traded in prescription medication for something more natural.
“I suffer from a history of PTSD and anxiety,” she explains. “Using a lot of pharmaceuticals, you have really bad side effects. For me, trying medical marijuana was a great homeopathic alternative.”

She is not currently using it because she’s pregnant, but says the switch made a big difference in her quality of life. Petrik is not alone. Since this past March, there has been about a 50 percent increase in Florida patients who use medical marijuana. That’s according to the latest numbers from the Florida Office of Medical Marijuana Use.
Getting a medical marijuana card starts with seeing a qualified physician. Between Broward and Miami-Dade counties, there are now about 760 physicians certified to recommend medical marijuana. To be qualified, they have to take a two-hour online course from the Florida Department of Health.

“I guess when you initially think of medical marijuana, you think of kids with fake issues, or no issues, just wanting to get high. But that’s not it,” says Dr. Anthony Andreoni with Cannabis Doctors of Florida. As a former surgeon, he admits he was skeptical when the law first came out. However, he ultimately changed his mind after seeing, what he says, were the positive effects in patients.

In speaking about his own clients, he says their use of medical marijuana has resulted in a dramatic decrease in their use of potentially addictive pills.
“Patients off of opioids, or at least reduced significantly, would be about 75 percent of the patients I have seen,” he says.

For the initial consultation, Dr. Andreoni says to make sure to come to the appointment prepared with documentation that proves a qualifying condition for medical marijuana.
“Whether it’s an MRI for chronic pain, arthritis, or a herniated disc,” he says. “For PTSD, or if they’ve had some sort of traumatic episode in the past, did they go to behavioral therapy? Were they on antidepressants or some sort of medication?”

Dr. Andreoni says the more they can present him with, the better.

Some of the other qualifying conditions include: cancer, ALS, epilepsy, HIV/AIDS, Crohn’s disease, multiple sclerosis, as well as any condition a doctor deems of the same “kind or class”— which can include related diagnoses like depression and anxiety.

If a physician recommends a patient for medical marijuana, they put them into a registry. The patient has to complete their online profile and pay a $75 fee to receive their card.

“When I initially became a patient, three months is actually what it took me to obtain a card and get into dispensaries, and medicine was limited at that time. Now, in five to ten days, patients are able to access dispensaries and get their medicine,” says Michael Puentes. He’s founder of Miami Aid Wellness, a medical cannabis clinic.
He also is a patient himself, due to lingering pain from a baseball injury.

He says medical marijuana is not a “one-size-fits-all” solution.

“There are different CBD to THC ratios. There are different cannabinoids. There are different strains. There’s a lot more than people realize,” Puentes explains.
Once someone has their card, they can pick up medical marijuana from a dispensary.

“Not only is there a great deal of stigma out there, but a lack of knowledge and understanding,” says Vinit Patel, the Regional Operations Manager of a Curaleaf, one of about 170 dispensaries here in South Florida.

“There’s so much that’s changed in this industry in the last 10 years– let alone the last 10 months here in Florida.”
Patel is also a licensed pharmacist, so he says he has seen both sides.

He says their most popular products are their vape cartridges or flower, but they also offer topical balms and tablets.

“In general, the industry is growing exponentially, and Florida is poised to be one of the biggest markets in the country,” notes Patel.

To find a qualified physician, visit knowthefactsmmj.com. There, you can look up qualified physicians in Florida by location or specialty, as well as local dispensaries.

 

[Baron23]

"the Make it Legal initiative will not allow people to grow their own cannabis. Instead, everyone will be required to purchase from a legal shop.
Further, the Make it Legal proposal will also stipulate that consumers purchase from shops currently licensed to sell medical marijuana."

"critics say this will create a monopoly in the recreational market.
So far, Make it Legal is backed by some big players. In particular, Surterra Wellness and MedMen."

Oh, what a shock. sigh

Florida petition to put cannabis on 2020 ballot has gathered enough signatures


While there are still a number of big hurdles to clear before recreational weed becomes legal in Florida, that possibility is looking more and more likely.
Currently, there are three proposals calling for legalization.

One of them, being proposed by Make it Legal Florida, has just hit its first big milestone. Now, the proposal must clear judicial and financial reviews. Following that, there are a couple final steps before the ballot.

But if the group meets all of these requirements, the proposal would finally make it in front of voters in 2020.

Make it Legal Florida’s Proposal Gets Enough Preliminary Signatures
This week, Make it Legal Florida said it has gathered enough signatures for its proposal to advance to the next stage.

Under Florida laws, an initiative must get at least 76,632 verified signatures before it can move on to the ballot. Currently, Make it Legal Florida said its legalization initiative has received more than 313,000 signatures.

Importantly, these signatures are not verified. But the group is already in the process of getting them verified. That process must be completed by the state and can take up to 30 days to complete.

In any case, the advocacy group’s proposal is now set to move onto the next phase of the process, which is a review by the Florida Supreme Court.
Additionally, the initiative will need to clear a financial review.

From there, if it passes both reviews, the initiative will once again need to get signatures of support. Specifically, 766,200 certified signatures.
The deadline for all this is the beginning of February 2020. And while Make it Legal Florida still has a long way to go, the group says it is on pace to meet all requirements before the deadline.

If the group is able to pull it off before the deadline, the proposal will show up on next year’s ballot.

“We are overwhelmed by the support the Make it Legal Florida effort has received around the state from Florida voters who believe adults should have access to regulated cannabis products,” the group’s chairman Nick Hansen said. “We are continuing to deliver signatures for validation, and we are confident we will meet the deadline for Florida’s 2020 ballot.”

Florida’s Three Legalization Proposals
The initiative being forwarded by Make it Legal Florida is actually one of three legalization proposals. While each of them aims to legalize recreational weed, there are also key differences.

For starters, the Make it Legal initiative will not allow people to grow their own cannabis. Instead, everyone will be required to purchase from a legal shop.
Further, the Make it Legal proposal will also stipulate that consumers purchase from shops currently licensed to sell medical marijuana.

According to the Miami New Times this aspect of the initiative has come under fire. Specifically, critics say this will create a monopoly in the recreational market.
So far, Make it Legal is backed by some big players. In particular, Surterra Wellness and MedMen. The Miami New Times reports that Make it Legal is the best-funded legalization campaign in the state.

 

[Baron23]

"veterans, who are committing suicide more than 20 times a day"

A couple of dispensaries here in my area of MD offer 22% discount to veterans (of which I am one). I wondered at that exact figure...22...where did that come from?

I was told its because on average 22 vets kill themselves every day.

I remember people coming back from Vietnam and being completely screwed and with no support. When are we going to learn our lessons?

Florida lawmakers want to give veterans medical marijuana cards for free

SARASOTA, Fla. — With data continuing to roll in that underscores the health benefits of cannabis, two Florida legislators aren't waiting for clarity in the national policy debates and are sponsoring bills designed to give medical marijuana cards to military veterans free of charge.


Last week, the Journal of Psychopharmacology added yet another study to the growing body of evidence pointing to the linkage between marijuana use and the alleviation of post-traumatic stress disorder. In a cross-section survey of Canadians, the authors reported depressive episodes and suicidal ideation was not a factor among cannabis users; consequently, they cited "an emerging need for high-quality experimental investigation" of cannabis in treating PTSD.


At virtually the same time that study published, state Sen. Janet Cruz, D-Tampa, and state Rep. Adam Hattersley, D-Riverview, introduced companion measures to waive the $75 state registration fee for veterans, who are committing suicide more than 20 times a day, according to the Department of Veterans Affairs. Hattersley is an Iraq War veteran who earned a Bronze Star in the Navy. The bills will be considered in the 2020 session.


Still, the national war on marijuana continues at what appears to be an accelerating pace, according to FBI statistics released in October.


The Bureau's Uniform Crime Report indicates law enforcement made 663,367 arrests in 2018, marking the third consecutive year that marijuana-related arrests have risen, and 90% of those arrests were for simple possession. The 2018 figures are also roughly 21% higher than the number arrests for violent crimes.


A major marijuana mishap created a splash of national headlines in New York City on Nov. 2, when Brooklyn police arrested licensed CBD dealer Ronen Levy and confiscated 106 pounds of legal hemp. Hemp has minimal traces of psychoactive THC, but it looks and smells like regular cannabis and is used for medicinal and industrial purposes.


According to a Gallup Poll released last month, 66% of Americans — a super-majority — support marijuana legalization. But this week, rock legend Neil Young announced that his hopes of officially joining the American family have been stymied by U.S. Citizenship and Immigration Services policy.


A resident of California for decades, the Canadian-born "Godfather of Grunge" and longtime cannabis consumer said his application had been stalled, citing agency language stating "an applicant who is involved in certain marijuana-related activities may lack good moral character if found to have violated federal law, even if such activity has been decriminalized under applicable state laws."


The new bills proposed by Hattersley and Cruz apparently ignore the USCIS's definition of good moral character in deference to Florida's 1.5 million veterans.


"After seeing the response on social media to the legislation," Cruz stated in an email to the Herald-Tribune, "I believe it is met with broad bipartisan support among our constituents. I am hopeful that my colleagues will come to understand that this could be used as an alternative treatment to opioids currently being used for chronic pain management.


"Senate Bill 98 is for service-disabled veterans, those who certainly need chronic pain treatment and access to alternative treatment options."


Should the proposal become law, it could set a national precedent, according to the nonprofit Americans for Safe Access.


"Some states do not include a cost for the medical cannabis card at all (NM)," writes Interim ASA Director Debbie Churgai. "IL offers veterans a discounted cost, OR offers a veteran discount that reduces the fee to $20, and there are a few other states that offer need-based discounts.


"So it is possible FL may be the first to charge a registration fee but offer a free application to vets."

 

[Baron23]

New Florida Bill would prohibit discrimination against medical cannabis patients

A Florida lawmaker has introduced a bill that would protect employees from discrimination in the workplace due to their status as a medical marijuana patient or for the use of cannabis while off the job. The measure was pre-filed in the legislature by Democratic Rep. Tina Polsky of Boca Raton.

“Unless an employer establishes by a preponderance of the evidence that the lawful use of medical marijuana has impaired the employee’s ability to perform the employee’s job responsibilities, it shall be unlawful to take any adverse employment action against an employee who is a qualified registered patient using medical marijuana” in a matter consistent with state law, a draft of the bill reads.

Additionally, employers would be required to give written notice to employees and job applicants who test positive for cannabis use that they have a right to identify themselves as a medical marijuana patient. Employees would be permitted to verify their status as a patient by providing either their medical marijuana identification card or a doctor’s certification as proof of legal use.

“I think this bill is timely and it’s cognizant of the growing number of medical marijuana users in the state of Florida,” Adam Kemper, a Boca Raton employment attorney who specializes in medical marijuana compliance, told local media.

Bill Has Some Exceptions
The bill would not apply to employees in occupations with safety-sensitive job responsibilities, such as heavy-equipment operators, first responders, day care and health care workers, and those who drive, carry a firearm, or handle hazardous materials.
The bill does not give employees the right to use cannabis while on the job. Employees whose work performance is adversely affected by their use of medical marijuana would also not be protected by the measure.

“If you’re impaired to the point that it’s affecting your job, the employer can discharge you for that,” noted Kemper.
In an online notice calling for support for the measure, the National Organization for the Reform of Marijuana Laws said that passage of the bill would give medicinal cannabis patients the same rights as those who choose to use other doctor-recommended therapies.

“Those who consume conventional medications legally and responsibly while off the job do not suffer sanctions from their employers unless their work performance is adversely affected,” the activist group wrote. “Employers should treat those patients who consume cannabis legally while away from the workplace in a similar manner.”
Ben Pollara, a Miami campaign consultant and activist who headed a group that campaigned for passage of the ballot measure that legalized medical marijuana in Florida, said that the amendment did not include any employment protections for patients. The new bill is needed, he says, because without it, litigation is almost never decided in the favor of patients.

“It’s an unfortunate feature of the medical marijuana laws in 31 states,” Pollara said last year. “Every ruling I’ve ever seen has been favorable to employers on this.”
Florida’s medical marijuana program was authorized with the passage of a constitutional amendment by state voters in 2016.

 

[Baron23]

Floridians....watch out for the fascist who want to control what you do and don't do.

Oppose them at every turn....not just because of MJ, but because of demoncracy and the supremacy of individual right of rational adults to choose their behavior.

PAC Formed to Oppose Recreational Marijuana in Florida


FLORIDA — With strong indications that a proposal to legalize recreational marijuana will appear on the 2020 statewide ballot, a political committee has been created to oppose that effort.
RELATED STORIES:

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Organizers say that Floridians Against Recreational Marijuana (FARM) has been formed to defeat whom they label as “out-of-state corporate interests” attempting to bring recreational pot to Floridians.
“Our coalition has come together to defeat this dangerous ballot initiative, which will drive an increase in healthcare prices, increase costs on businesses and kill jobs, and increase the burden on tax payers that will pay for the costs associated with recreational marijuana,” said Brian Swensen, who will be leading the effort.
Swensen was the campaign manager for Republican Matt Caldwell in his bid for Agriculture Commissioner in 2018. He also helped Ron DeSantis with voter turnout in the last few months of his successful campaign for governor, and served as deputy campaign manager for Marco Rubio’s successful reelection bid for U.S. Senate in 2016.
“The mega-marijuana corporate interests backing this initiative hope to transform Florida into a state like Oregon, California and Colorado by passing this reckless recreational marijuana amendment,” Swensen added in a press release.
While there are currently three separate efforts attempting to get recreational marijuana on the ballot next year, there is really only one group – Make It Legal Florida – who appears to have a legitimate chance of coming before the voters in 2020.
Organizers with Make it Legal Florida announced last week that it had officially reached the required 76,632 signatures to trigger a judicial review of their constitutional amendment language before the Florida Supreme Court. It has raised over $2.7 million since forming in August, according to the state Division of Elections, and has spent almost as much as of October 31.
“Make it Legal Florida is proud to stand with the supermajority of Floridians who want expanded access to safe, well-regulated cannabis,” said Nick Hansen, Chairman of Make it Legal. “We look forward to making the ballot in 2020 and giving voters the opportunity to be heard on this important issue.”
Make it Legal Florida is primarily backed by two companies with a vested interest in the legal access of marijuana being expanded in Florida: California-based MedMen and Surterra, based in Atlanta. Both currently hold medical marijuana licenses in Florida.
A University of North Florida poll of 666 voters released last month shows that 64 percent support legalization of “small amounts” of marijuana, with 33 percent opposed and 3 percent undecided.
If the measure were to make it on the ballot, it would need support of at least 60 percent of the voters to make it into the state Constitution.

 

[Baron23]

Legalizing Marijuana Would Boost Florida’s Economy By $190 Million

A new report commissioned by the state found marijuana legalization to be “slightly positive” for Florida.



Thanks to its white beaches and theme parks, Florida already ranks high as a travel destination for most Americans. But if the state wants to pull more money into its economy, it should legalize marijuana. If voters agree in the 2020 election, legal marijuana would pump $190 million into the state’s economy from taxes and tourism.
That view comes courtesy of a recent financial analysis of the ballot initiative to legalize adult-use cannabis in Florida, reports The Miami New Times. Commissioned by the state, the report determined that introducing legal marijuana to Florida would be “slightly positive” to the economy. It’s worth noting how much of an endorsement that is from the state, as Florida was once a major battlegrounds for the war on drugs.

Perhaps more surprising, that $190 million figures qualifies as a conservative estimate, says Michael Minardi, the Florida attorney behind Regulate Florida, one of three ballot initiatives to end prohibition in the state. Minardi told the New Times he believes the commission used the state’s standard 5-6% tax placed on all sales. For comparison, Colorado taxes marijuana at 15%. If the state followed regulation from other states, the revenue brought into the economy could increase significantly.

The report was slightly down on how that would impact Florida’s budget. Analysts believe it will cost around $1.5 million to establish regulation for the marijuana industry, plus $9.1 million annually to continue running it. While state would offset these costs through licensing fees and taxes, it would only result in 0.1% increase to the budge.
However, Floridians have shown they’re ready for legal weed in the state. Following a slogging bureaucratic battle, medical marijuana patients were allowed access to smokable cannabis flower this March. According to a report from the state Board of Medicine and the Board of Osteopathic Medicine, 128,040 patients order over 1.82 million ounce of cannabis flower during a six-month period. Translated, reports The Miami Herald, that amounts to 113,922 pounds, or 57 tons, of flower.

 

[Baron23]

I have never understood nor supported the complete vertical integration regs in FL and viewed them as an attempt by very large players to corner the market as smaller players, who may be able to open a processor or dispensary, will not be able to afford to stand up a grow operation.

And, I believe that all you can get in their dispensaries is their product. Like going to a Johnny Walker store and not being able to buy Chevas....well, sort of! haha

Florida marijuana investors turn skittish



TALLAHASSEE, Fla. (The News Service of Florida) — In what was jokingly called a “green rush,” investors not long ago stampeded into Florida to gain entry to what was expected to be one of the nation’s most lucrative marijuana markets.

The competition swelled after Florida voters three years ago broadly legalized medical marijuana.

But even as the possibility of legal recreational pot looms on the horizon, the bidding war for medical-marijuana licenses in the Sunshine State has fizzled.
“There’s nothing wrong with the market in Florida. It’s just that nobody wants to put millions and millions of dollars into the ground,” Alan Brochstein, managing partner at New Cannabis Investors, told The News Service of Florida in a recent telephone interview.
The buzzkill stems from a variety of factors.

But, according to many industry experts, pending litigation that could upend Florida’s cannabis industry is at the top of the list.

The Florida Supreme Court is poised to consider an appeals court decision that found the state’s “vertical integration” system requiring medical marijuana operators to grow, process and sell cannabis and derivative products ran afoul of a 2016 constitutional amendment that backed legal medical marijuana.

Other lawsuits in the pipeline are challenging eight licenses handed out in April by Florida health officials to resolve litigation by a pool of applicants — known as “one-pointers” — that lost out in the first round of licensing in 2015, after the state authorized low-THC marijuana. Lawmakers in 2014 approved the non-euphoric version in anticipation of the 2016 constitutional amendment allowing full-blown medical marijuana.

While nearly all of the original licensees have “flipped” ownership over the past four years, just one of the eight “one-pointers” has found a buyer, according to sources representing license holders and investors.

The legal challenges have injected a chill into sales of the newest licenses, but investors also are reluctant to plunk down tens of millions of dollars to purchase “paper” licenses that will require as much or more of an investment to build out new operations that will vie against established, branded competitors with existing and loyal customer bases.

For example, Quincy-based Trulieve, the largest of the state’s 22 licensed medical marijuana operators, is responsible for more than half of the state’s medical cannabis sales. Last week, Trulieve sold nearly 600 pounds of whole flower marijuana for smoking — more than three times its nearest competitor.

A sharp downturn in cannabis stocks on the Canadian stock exchange, where many of the U.S.’s largest marijuana companies trade — including those doing business in Florida — has also helped to stamp out sales of the state’s marijuana’s licenses.

“The capital situation has nothing to do with Florida. It’s just what’s going on, and it’s just unfortunate for these paper holders in Florida. They’re kind of SOL because this isn’t going to be fixed any time soon,” said Brochstein, a national marijuana industry investment analyst who is based in Texas.
A recent decision by cannabis behemoth Cresco Labs Inc. to back out of a $120 million deal to buy Jacksonville-based VidaCann illustrates the dilemma facing would-be investors and existing operators.

VidaCann, one of the state’s first medical marijuana operators, has up-and-running greenhouse and processing operations. The company has existing dispensaries scattered throughout the state.

But in a news release announcing it had backed out of the deal, Chicago-based Cresco said the decision was made “to conserve cash as it works to accelerate top and bottom-line growth.”

Instead of the Florida acquisition, Cresco said it intended to focus on “deploying resources” to markets in Illinois, Pennsylvania, California and Nevada.
Cresco’s decision was another signal that marijuana “angels,” who even earlier this year were willing to continue plowing money into expanding Florida operations, are now seeking proof that their investments are turning a profit.

“At this point nobody wants to buy the paper because they can’t raise the capital to build it out,” Brochstein said. “If you’d gone back three months ago and listened to a lot of these companies, they were really excited about building out in Florida.”

A Republican-dominated Legislature that’s been leery about marijuana has also made investors skittish. Some legislative leaders are pushing caps on the amount of euphoria-inducing THC in medical marijuana, a proposal strenuously opposed by patients and the industry.

Marijuana operators “want to be regulated,” said attorney John Lockwood, who represents license holders.

“But they want to see their regulations match up to what other states are doing. So when you see a state that has regulations that are substantially different from other similarly situated states, then all of a sudden that state gets looked at in an unfavorable fashion,” he said.

Litigation issues, uncertainty over the valuations of medical marijuana licenses and questions about the future of recreational marijuana “have created a perfect storm of uncertainty for people to invest significant amounts of money,” said Louis Rotundo, a lobbyist who has been involved in Florida’s marijuana industry since 2015 and is an owner of one of the “one-pointer” licensees.

“It is quite obvious that we’re in an evolving marketplace,” Rotundo said in a telephone interview. “Because the return on investment has been minimal in some cases … it has caused investors to say, regardless of the true valuation (of a license), when can I get my money back. That has made a lot of them very nervous.”
Despite the halted sales of licenses, Florida’s market is “viewed very positively,” according to Brochstein.

Nearly 300,000 patients have been authorized for medical marijuana, and the number of patients keeps climbing.

“It’s been improved. It’s been growing very rapidly. There’s a reasonable chance that it’s moving towards legalization (of recreational marijuana). So everything’s good,” Brochstein said.

Companies linked to two of the state’s medical marijuana operators — MedMen and Surterra, which does business under the name Parallel — are backing a proposed constitutional amendment that would legalize recreational marijuana. They’re hoping to get the measure on the November 2020 ballot.

Dan Russell, a lawyer whose clients have included medical marijuana operators, “one-pointers” and others, points to a less cash-intensive proposition for cannabis investors interested in Florida: hemp.

After Florida authorized a statewide hemp program, investors are scrambling to capitalize on a nationwide craze for products containing hemp-based CBD. While marijuana remains illegal under federal law, Congress last year decriminalized industrial hemp as an agricultural product, allowing states like Florida to begin regulating the plant that’s been around for 10,000 years.

“The (medical marijuana) industry as we know it as has changed so significantly from a few years ago that flipping a license now for tens of millions of dollars to get into a market that already has seasoned competitors that are already built out is really challenging. Investors have seen others struggle with that expense,” Russell told the News Service. “I think they’re looking at other opportunities, and they would certainly include hemp if they’re interested in this space just because the CBD market is red-hot at this moment.”

 

[Baron23]

FL is a hot mess and its up to Florida citizens to reflect this in their votes for the next election for FL legislators.

They really need to clean house, IMO. Just sad.


Florida's edible marijuana regulations still in limbo after 2 years

Gummies, cookies and lollipops are among the pot-infused treats available to cannabis patients and recreational users in other states.
But more than two years after Florida lawmakers authorized medical marijuana edibles, health officials this week set in motion the state’s first effort at putting the munchies on the shelf.

The Department of Health announced the development of regulations for what will and won’t be allowed, but no details have been released.
That means it will be a while before Sunshine State patients will be able to grab long sought-after items --- such as “Mango Maui Wowie Fruit Leather,” “Reef Jerky,” and “Space Brownies” --- which are fan favorites elsewhere.

Edibles were also included in a parade of horribles this week as the Florida House continued to talk about dangers of recreational marijuana.
The House Health Quality Subcommittee’s Wednesday presentation was the chamber’s latest effort to build opposition to a proposed constitutional amendment that would legalize recreational marijuana for adults.

The House’s focus on the “Make It Legal Florida” initiative, which backers hope to put on the November 2020 ballot, comes amid a financial upheaval in the state’s medical marijuana industry.

Investors stampeded into Florida not long ago in a “green rush” to capitalize on what was expected to be one of the nation’s most lucrative marijuana markets.
The competition swelled after Florida voters broadly legalized medical marijuana in 2016. But even as the possibility of legal recreational pot looms, the bidding war for medical-marijuana licenses in the Sunshine State has fizzled, due to factors inside and outside of Florida.

In other pot news, the state’s largest medical marijuana operator was slapped with a federal lawsuit challenging its use of text-messages to alert customers about special deals.

The lawsuit alleges that Quincy-based Trulieve Inc. violated federal communications laws by sending unsolicited text messages advertising deals on marijuana products to a Tennessee man.

The damages, “when aggregated among a proposed class numbering in the tens of thousands, or more,” exceed a $5 million threshold for federal jurisdiction in class-action lawsuits, the lawsuit said.

Meanwhile, Gov. Ron DeSantis’ administration is calling a Tampa company’s effort to get a medical marijuana license a “stunt” that could “radically” upend the state’s cannabis industry.

DeSantis’ administration is asking the Florida Supreme Court to reject an appeals court ruling. Justices will weigh whether Florida’s “vertical integration” system requiring marijuana operators to grow, process and distribute cannabis and derivative products runs afoul of the 2016 constitutional amendment that broadly legalized medical marijuana, as a circuit judge and an appeals-court panel have found.

Critics of vertical integration contend that it shuts out firms that could perform individual aspects of the marijuana business.
Lawmakers, however, aren’t expected to address the vertical integration system during the upcoming legislative session, according to Senate President Bill Galvano, R-Bradenton.

“It’s more of a judicial issue right now,” Galvano told The News Service of Florida during a pre-session interview on Thursday.

But the Legislature still may tackle the sticky issue of how high Florida patients can get, by limiting the levels of euphoria-inducing THC in medical marijuana products.
“I haven’t seen yet an attempt to rework the vertical integration, but the issue of medical marijuana may still very well come up in terms of THC and capping THC, and that’s something that I would entertain,” Galvano said.

 

[Baron23]

"“That approach combats product diversion from a legal medical market to the illegal recreational black market,” the House attorneys wrote. "

Bullshit. Want to know where the support for vertically integrated, semi-monopoly MJ industry structure come from.....just follow the money, honey. Follow the money.


Florida House defends marijuana law in state supreme court in high-stakes case


In a Florida Supreme Court case with major ramifications for the medical-marijuana industry, the Florida House contends a disputed 2017 law helps prevent “diversion” of pot to the illegal recreational market, minors and other states.

House attorneys late Monday filed a friend-of-the-court brief urging the Supreme Court to overturn a July ruling by the 1st District Court of Appeal that said a key part of the law conflicted with a 2016 constitutional amendment that broadly legalized medical marijuana.

That key part of the law involves what is known as “vertical integration” —- a system in which a limited number of companies that receive medical marijuana licenses must handle all aspects of the cannabis trade, including growing, processing and distributing the products. The alternative to vertical integration would be to allow companies to play different roles, potentially leading to more players in the industry.

In the brief Monday, House attorneys pointed to the need for a secure medical-marijuana system that would prevent pot from being used recreationally.
It said the Legislature “determined that licensure was appropriate only for vertically integrated entities, enabling the state to hold a single entity accountable for each phase of the industry from cultivation to dispensation.”

“That approach combats product diversion from a legal medical market to the illegal recreational black market,” the House attorneys wrote. “States with diffuse licensure systems, low market barriers, and unlimited licenses provide a cautionary tale. Such states have significant oversupply and persistent diversion and exportation of marijuana. The Legislature also required vertical integration to help curtail diversion to minors and diversion to other states where marijuana remains illegal or is regulated differently, which addresses the concerns the federal government expressed regarding the legalization of marijuana at the state level.”

Also filing a brief late Monday supporting the law were attorneys for several companies that already have medical-marijuana licenses. The brief said the decision by the 1st District Court of Appeal would cause a “seismic shift in Florida’s medical marijuana program.”

“In sum, the Florida Legislature created a vertically integrated medical marijuana program and established limits on the number of … licenses in an effort to ensure the availability and safe use of medical marijuana as required by the (constitutional) amendment,” the companies’ joint brief said. “These policy decisions are sound and consistent with medical marijuana programs in other states. By all indications, Florida’s program is growing successfully and appropriately.”

The arguments came in a long-running lawsuit filed by the Tampa-based firm Florigrown, which has tried unsuccessfully to get a medical-marijuana license from the state. The Legislature passed the 2017 law to carry out the constitutional amendment.

A three-judge panel of the 1st District Court of Appeal in July upheld part of a temporary injunction issued by a Leon County circuit judge who found that the 2017 law conflicted with the constitutional amendment.

At least in part, the court focused on the difference in the words “or” and “and” in the definitions of medical-marijuana operators, which are known as medical marijuana treatment centers.

The constitutional amendment defined the centers as “an entity that acquires, cultivates, possesses, processes … transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials.”

Meanwhile, under the 2017 law, “a licensed medical marijuana treatment center shall cultivate, process, transport and dispense marijuana for medical use” – wording that establishes the vertically integrated system of performing all aspects of the business.

“The power of the Legislature does not include rewriting clear language in the Constitution, transforming a disjunctive ‘or’ into a conjunctive ‘and,’ ” appeals-court Judge Scott Makar wrote in a subsequent decision in which the court declined to revisit the decision.

“No evidence exists that the people via the elemental language of the medical marijuana amendment clearly intended a market limited to only a few fully vertically-integrated medical marijuana companies,” he wrote.

The Florida Department of Health, which administers the medical-marijuana system, appealed to the Supreme Court. Justices said in October they would hear the case, though they have not scheduled a date for oral arguments.

Florigrown is not required to file a brief until early next month, but CEO Adam Elend said in July that the 1st District Court of Appeal decision was a “game-changer” and described the current system as an “oligopoly.”

“It drops a bomb on the current licensing scheme. It’s just changing the whole regime,” Elend said.

 

[Baron23]

2019 was a big year for cannabis in Florida. Here’s what happened and what lies ahead.

A marijuana lobbyist became the only statewide Democrat sworn into office. Smoking medical marijuana became legal in Florida. A new hemp program gave farmers statewide the optimism for a new cash crop. On the whole, 2019 proved to be a monumental year for cannabis in the state


In February, the state hired its first “cannabis czar,” in August the Miami-Dade State Attorney announced it will no longer prosecute minor marijuana cases and in October, two associates of Donald Trump’s personal attorney Rudy Giuliani sought pot licenses in the state.


The New Year brings a whole new list of things to watch in the cannabis space, like a push to let 2020 voters decide to allow recreational marijuana in the state, a list of bills that could reform the Florida marijuana industry and a state Supreme Court decision that could be pivotal in shaping the marijuana licensing system for years to come.


As the state prepares for another eventful year in the cannabis space, here’s a look back at some of the year’s biggest stories in Florida cannabis and a look ahead at what’s to come.

JANUARY 2019

Nikki Fried is sworn in as Commissioner of Agriculture and Consumer Services


After grueling machine and manual recounts for the razor-thin race for Agriculture Commissioner, Fried, a former marijuana lobbyist, emerged victorious in the November 2018 race to beat Matt Caldwell by just 6,753 votes for the post vacated by term-limited Adam Putnam.


In January, she was sworn in as the first statewide candidate to have run on a platform heavily predicated on cannabis, especially expanded access to medical marijuana and a new state hemp program. Medical marijuana advocates and the greater cannabis community applauded her win.


“These were things that transcend Democrats, independents and Republicans,” Fried told the Miami Herald after her win. “I made them believe that I want to fix things and make things better.”


Her campaign also attracted high-profile endorsements and speaking engagements after her campaign accounts were twice shut down by banks because of donations tied to the medical marijuana industry.


DeSantis tasks Legislature with dropping Scott-era ban on smoking medical marijuana


Later in January, newly inaugurated Republican Gov. Ron DeSantis made waves when he called on lawmakers to change Florida law to allow smokable medical marijuana.


In 2016, 71% of Florida voters opted to legalize medical marijuana on a constitutional amendment. The 2017 bill signed into law by then-Gov. Rick Scott legalized access to the drug in pill, oil, edible and vape form but made it illegal to smoke. Scott appealed a court decision that ruled the limitation unconstitutional.


Scott’s outgoing administration made the argument to ban smoking to the First District Court of Appeal in Tallahassee the week prior, as DeSantis was being sworn into office.


DeSantis said in January that if the Legislature didn’t pass a bill to amend the law by March, he would drop the state’s appeal passed down to the new governor from the Scott administration.


“Whether they [patients] have to smoke it or not, who am I to judge that?” DeSantis said when he made the announcement in Orlando. “I want people to be able to have their suffering relieved. I don’t think this law is up to snuff.”

FEBRUARY 2019

Florida hires first cannabis czar


Keeping to her campaign promises, Fried hired Nashville consultant and banker Holly Bell to become the department’s first Director of Cannabis.


Bell, who has consulted as a banking expert for cannabis businesses across the country since 2015, has taken the lead on getting the state’s new hemp program off the ground. Tennessee has its own state hemp program, with which Bell said she was very familiar.


“I really came with no agenda other than to implement a vision that the commissioner had and help the people of Florida,” Bell said in an interview shortly after she was hired.

MARCH 2019

Smoking medical pot becomes legal in Florida


Per the instructions handed down from DeSantis in January, the Legislature passed a bill quietly signed into law in mid-March that makes smoking marijuana a legal method of medicating for Florida patients.


The bill was largely inspired by Cathy Jordan, who suffers from Lou Gehrig’s disease and relies on smoking marijuana to dry out her mouth and clear phlegm that accumulates in her lungs. Jordan was among those who sued the state for banning smoking as a way of using medical marijuana.


“In her quiet voice, she would advocate for smokable medical cannabis,” bill sponsor Sen. Jeff Brandes, R-St. Petersburg, said on the Senate floor before the vote. “As Floridians, even those who barely have a voice in this process can be heard, recognized and respected. This legislation honors that in a way that is responsible.”


The bill also establishes a research consortium, allows products like bongs and rolling papers to be purchased and requires a second opinion from a board-certified pediatrician for non-terminal patients under age 18.

APRIL 2019

Appeals court says strip club owner cannot grow his own medical marijuana


In April, an appeals court ruled that 77-year-old Tampa strip club owner Joe Redner did not have the legal right to grow his own medical marijuana to combat lung cancer.


The decision overturned a ruling by Leon County Circuit Judge Karen Gievers, who gave Redner the green light to grow marijuana for juicing purposes. Redner’s attorneys argued that because he is a qualified patient, he has the right to use the marijuana he grows to treat his stage 4 lung cancer.


The Department of Health, the entity that administers the state’s medical marijuana program, disagreed.


In late May, the Florida Supreme Court decided it would not hear the case.

MAY 2019

State hemp program gets green light


On the penultimate day of the 2019 legislative session, the Legislature approved a bill that allows the Department of Agriculture and Consumer Services to create a state hemp program.


The push for a hemp program in Florida had been largely bipartisan and played into a national trend of following what some call the “green rush” of financial opportunity for farmers and manufacturers across the state.


Following the passage of the 2014 federal farm bill, hemp growing became allowed under certain circumstances by research institutions and state departments of agriculture. The 2018 farm bill removed prohibitions on industrial hemp and authorized states to create hemp programs beyond the university research setting.


In accordance with the bill, the Florida Department of Agriculture submitted a plan to the U.S. Department of Agriculture and applied for primary regulatory authority over the production of hemp this past summer. While Bell and others in the Department of Agriculture hoped to get seeds in the ground before the year’s end, no licenses have been issued.

AUGUST 2019

Miami-Dade won’t prosecute minor pot cases


Spurred by the new state law that legalized possession of hemp, the Miami-Dade State Attorney’s office announced it will no longer prosecute minor marijuana cases.


For amounts large enough for felony charges, police will now be required to get lab tests to confirm that marijuana is, well, actually marijuana. The decision highlights the increasing complications for law enforcement in states where recreational marijuana remains illegal, but hemp is now allowed.


“Because hemp and cannabis both come from the same plant, they look, smell and feel the same,” Miami-Dade State Attorney Katherine Fernandez Rundle wrote in explaining the decision. “There is no way to visually or microscopically distinguish hemp from marijuana.”

SEPTEMBER 2019

House Democrats pass first-ever standalone marijuana bill


For the first time in the history of Congress, a standalone marijuana bill was passed off the House floor. The Secure and Fair Enforcement (SAFE) Banking Act would prohibit regulators from punishing banks that serve cannabis companies and clients.


The bill, sponsored by Colorado Democrat Ed Perlmutter, also prohibits federal regulators from terminating or limiting deposit insurance, discouraging banks from offering financial services to cannabis or hemp businesses and bars them from incentivizing or encouraging a bank to close accounts solely because a person is affiliated with a cannabis or hemp business.


Banks have been hesitant to service the medical cannabis industry because it’s still illegal on the federal level.


The bill has not yet been heard in the Senate.

OCTOBER 2019

Giuliani’s associates sought pot license in Florida


Lev Parnas and Igor Fruman, two South Florida businessmen indicted in October on charges they illegally funneled foreign money into U.S. politics in an attempt to purchase influence in Washington and cannabis licenses in multiple U.S. states, also pursued entry into Florida’s medical marijuana industry.


As recently as May, Parnas and Fruman were speaking to attorneys in Florida’s marijuana industry about purchasing a stake in any one of the 22 companies licensed by the state to grow marijuana. But their plan appeared to have been unsuccessful due to an inability to prove that they had the cash.

NOVEMBER 2019

Flower shortage hits Florida dispensaries


Since smokable medical marijuana became legal in March, medical marijuana treatment centers in Florida have dispensed 20,252 ounces of the whole flower drug, and the companies are feeling the demand of the nearly 300,000 qualified patients.


Some patients say they have a hard time finding the product in stores, and have to drive long distances to find a dispensary that carries their preferred medicine.


It can be around 10 months from the time a company wants to expand its growing operation to the time products can hit the shelves, making it tricky to keep up with customer needs.


A typical growing facility for medical marijuana can take up to six months to build, and the actual growing of the plants takes another four or five months, depending on the condition.

DECEMBER 2019

Florida petition to legalize adult-use marijuana dies


As the February deadline for submitting 766,200 verified signatures quickly approached, organizers of the Regulate Florida ballot initiative faced a harsh truth: They would not likely gather enough signatures in time to make it onto the 2020 ballot.


The initiative, which advocated for not only recreational use of marijuana but also the right to grow the plant at home, had collected only 92,540 valid signatures as of Dec. 17.


“The sad reality is that we are not going to be able to meet [the February] deadline,” chairman Michael Minardi wrote to supporters.


With 2020 on the horizon, all eyes are on new legislation and a marijuana industry-backed ballot initiative that would legalize the recreational use of cannabis.

LEGISLATION

There are a handful of cannabis-related bills filed ahead of the 2020 session, which starts in January. Notable bills aim to:


▪ Waive the $75 medical card fee for patients who are veterans.


▪ Eliminate the vertically integrated business model in Florida’s medical marijuana law and undo the cap on the number of licenses. The current model maintains that a license holder must grow, process, test and sell their product without any subcontractors or middle men.


▪ Prohibit marijuana retail facilities from producing their own products, as they are currently required to do.


▪ Authorize patients to have more than one caretaker to administer medicine. For example, a school nurse could administer the medicine at school instead of a parent coming to the school to treat their child.


▪ Add sickle cell disease to the list of qualifying conditions for medical marijuana use.


▪ Allow for the expunging and sealing of records for cannabis possession charges.

BALLOT INITIATIVES

Though the Regulate Florida initiative has bowed out of the race for the 2020 ballot, the industry-backed Make it Legal Florida initiative is still gathering signatures ahead of the impending February deadline.


Make it Legal Florida is chaired by Nick Hansen, a lobbyist for a California-based medical marijuana chain, MedMen, and former adviser to Brandes, the Republican state senator from St. Petersburg.


The language says adults aged 21 or older would be able to buy pot for recreational use from dispensaries that currently sell medical marijuana.


The initiative has collected 211,956 valid signatures of the 766,200 needed by February to make it onto the ballot, and has raised $3.7 million in campaign contributions, mostly from MedMen and Parallel (which does business in Florida as Surterra).


The language was sent to the state Supreme Court for approval on December 19. The next day Attorney General Ashley Moody filed a petition with the court, opposing the initiative.

COURT CASES

In the new year, the Florida Supreme Court is expected to make a decision in a case that could change the entire medical marijuana licensing structure in Florida.


In dispute is the part of the state’s marijuana laws that address “vertical integration,” or a system in which a limited number of companies that receive medical marijuana licenses must grow, process, test and distribute products without other companies playing different roles.


In the case, the Florida House holds that the current vertically integrated structure helps keep marijuana out of the black market or in the hands of minors. The House is asking the Supreme Court to throw out a July ruling by the 1st District Court of Appeal that said vertical integration conflicted with a 2016 constitutional amendment that broadly legalized medical marijuana.


The arguments came in a long-running lawsuit filed by the Tampa-based firm Florigrown, which unsuccessfully applied for a medical marijuana license in the state.

 

[Baron23]

Florida....the state that just keeps giving us all kinds of news articles....I'm waiting for a MJ story that starts with "Florida man...." haha

FL really does need to clean house and elect some representatives who understand the basic tenets of democracy, IMO.

Florida Marijuana Lawsuit: ‘Stealth Deadline’ Means Legalization Might Miss 2020 Ballot

Organizers behind an effort to place a marijuana legalization measure before Florida voters this November are suing the state over what they say are unconstitutional hurdles in the way of ballot access.


It is “substantially likely, if not certain, that initiative petitions will fail (i.e., they will not make the ballot for vote by electors in the 2020 general election),” the lawsuit, filed on Tuesday by Make It Legal Florida, says.


That’s “despite the fact such initiatives would or could have succeeded if not doomed by the impairments caused to petition circulators’ ability to register and timely begin circulating and collecting signatures in support of petitions,” the group claimed.


At the center of the dispute is a controversial new law the legislature enacted last year that places additional restrictions on the signature gathering process that the campaign says pose “an enormous (if not insurmountable) barrier to the ability of sponsors.”


For example, paid petition gatherers are now required to register with the state. The lawsuit alleges that those registration databases have experienced problems that have created “substantial delays and hindrances.”


The new policies “lack even a rational, reasonable, or coherent justification or relation to any purported State interest,” the suit contends.


Further complicating the matter, petitioners must submit signatures ahead of a February 1 deadline—but those signatures must have been validated by county election supervisors, which have a 30 day window upon receiving the forms to verify them. With that, the campaign said Florida has effectively imposed a “stealth deadline of January 2, 2020 (i.e., 30 days prior to February 1, 2020), to gather and submit all of the requisite signatures.”


“Across the board, Floridians support Make it Legal Florida’s effort to legalize cannabis for adults 21 and older,” Nick Hansen, chairman of Make it Legal Florida, told Marijuana Moment. “Our request is that Florida’s Secretary of State, who has worked hard to ensure processes and rules are followed to the letter, count every signed petition submitted by January 31 toward the 2020 ballot, regardless of when it’s validated.”


“Florida voters deserve to have their voices heard and we remain confident that they will have the opportunity to vote on adult-use cannabis in the fall,” he said.


If the measure does qualify for the ballot—and voters go on to approve it—adults 21 and older would be allowed to possess, use, transport and purchase up to 2.5 ounces of cannabis, and existing medical dispensaries would be allowed to sell recreational marijuana. The proposal doesn’t specify a licensing scheme for additional retailers, but that’s something the legislature would presumably take up upon passage. The initiative also doesn’t address home cultivation.


Make It Legal Florida needs to collect 766,200 valid signatures from registered voters to qualify for the ballot. As of Wednesday afternoon, the state Division of Elections has so far validated only 221,281 signatures.


A separate campaign in the state that was working to put the question of adult-use legalization before voters in November announced last month that it was dropping its bid, citing its inability to collect the requisite valid signatures ahead of the deadline.


Other measures have already qualified for the state’s November ballot, including ones aimed at raising the minimum wage, overhauling primary elections and making it so only “citizens” can vote.


Florida voters approved medical cannabis on the ballot in 2016.

 

[Baron23]

Plan for Florida to vote on marijuana legalization this year fizzles out

Marijuana activists in Florida have decided to postpone their legalization efforts until 2022 after failing to verify the necessary signatures on time for the 2020 ballot.
Make It Legal Florida managed to collect over 700,000 signatures, close to the target of 766,200 it needed to submit by February 1.

However, the “narrow timeframe to submit and verify those signatures has prompted our committee to shift focus to now gain ballot access in 2022,” chairman Nick Hansen said in a press release.

The group previously sued Florida’s Secretary of State, asking for more time to submit the signatures.

Make It Legal Florida argued that a new state election law hindering their efforts was unconstitutional and claimed their website had experienced two months of glitches, further slowing down the process of securing the signatures they need.

The campaign for legalizing weed spent $7.7 million so far and had recently received a celebrity endorsement from cannabis enthusiast Jimmy Buffett.

Other paths to legalization still an option
While Make It Legal shifts its focus to the 2022 ballot, legislative efforts to bring recreational marijuana to the Sunshine state still remain an option.
Republican Senator Jeff Brandes introduced a bill to legalize recreational weed that would also see previous low-level marijuana convictions expunged.

The first Republican lawmaker to sponsor such a bill in Florida, Brandes said: “I believe decriminalizing marijuana will enable law enforcement to deal with more serious crimes and allow them to have a greater impact in our communities with their limited resources.”

Under his proposal, which has a companion bill in the Florida House of Representatives, adults aged 21 and over would be able to legally purchase weed, but only from medical marijuana centers.

“We’ve now become the only game in town. If people want legal, responsible adult use in Florida, it’s going to have to be through our bill because the ballot initiative is already unfortunately over,” Representative Carlos Guillermo Smith, who filed the House bill, said.

Currently, no state in the southern United States has legalized cannabis for recreational use.

 

[momofthegoons]

Marion County teacher could lose job over use of medical marijuana to treat PTSD

BELLEVIEW, Fla. —
A teacher in Marion County is in a battle to save his job because he uses medical marijuana as a treatment for post-traumatic stress disorder.

The teacher is so highly regarded he was recently promoted to a dean at Belleview High School. But before his life as teacher, Michael Hickman was a Marine who served in Desert Storm.

Hickman’s attorney said his client suffers from PTSD and was “prescribed medical marijuana by a licensed physician according to the laws of the state of Florida."

Many are wondering why it matters, but the school board said it matters because Hickman recently tested positive for marijuana after being required to take a drug test. He’d been injured breaking up a fight and the drug test was required as part of a worker’s compensation case.

School officials said taking medical marijuana is legal according to state law, but not legal according to federal law. The Marion County school system get millions of dollars in grants from the federal government. The grants directly fund student programs and programs that support students.

The teacher has, for now, been suspended without pay.

Hickman is continuing to fight for his job. He’s got another hearing coming up and he’s hired an attorney.

 

[Baron23]

This won't stop until FL voters send one of these undemocratic, "I know better than you", politicians packing and having to do actual work for a living.

Just bounce one, and House Speaker José Oliva seems like a prime candidate for this to me, and the rest will stop this idiocy.


Florida veterans warn lawmakers against capping THC in medical marijuana

Veterans are pushing back against a proposal backed by Florida House leaders that would limit the amount of THC in medical marijuana, an effort they say is not based on science and could be harmful to veterans with post-traumatic stress disorder.

House Speaker José Oliva has called the proposed 10% cap on THC, the euphoria-inducing component in cannabis, a priority, but Senate leaders have remained skeptical about the need for such a limit.

Smokable cannabis now being sold by the state’s medical marijuana treatment centers has potency of as high as 30%.
Sen. Jeff Brandes, a St. Petersburg Republican who served in Iraq and who has long been an advocate of medical marijuana, warned Tuesday that capping THC levels would make life worse for many veterans already struggling to cope.

“Limiting THC would reduce the amount of medical effectiveness of cannabis and would cause many veterans to rely on unsafe, untested options, including moving to the illicit market to manage their needs,” Brandes told reporters at a news conference in the Capitol.

Veterans, especially those with post-traumatic stress disorder, or PTSD, have had “amazing results” substituting cannabis for addictive opiates, according to Kirk O’Connell, a Tampa physician who is a member of the Veterans Cannabis Project and who joined Brandes and others at the news conference.

A constitutional amendment, approved by more than 71% of Florida voters in 2016, legalized medical marijuana as a treatment for a broad swath of conditions, including PTSD.

According to a draft report submitted to the state Board of Medicine in September, PTSD accounted for roughly 26% of medical marijuana patient certifications last year. Chronic non-malignant pain was the No. 1 qualifying condition, accounting for nearly 34% of diagnoses in the draft report. Certifications for “medical conditions of the same kind or class” were tied with PTSD.

Cannabis is an especially beneficial treatment for veterans with PTSD, who are at high risk of suicide, O’Connell said.

House leaders have viewed medical marijuana skeptically since lawmakers first authorized low-THC cannabis for a small number of patients in 2014 and have grudgingly gone along with the voter-approved legalization of full-strength cannabis.

But House Health & Human Services Chairman Ray Rodrigues, who has shepherded the chamber’s marijuana proposals for years, and other House leaders have relied on research they say supports the need to limit cannabis potency.

Rodrigues, R-Estero, last year pushed a measure that would have capped THC in smokable marijuana at 10%, pointing to research that includes a controversial study published in the medical journal The Lancet that linked smoking of high-THC marijuana — 10% or higher — with psychosis.

Oliva, R-Miami Lakes, this month reiterated support for a cap.

“I think it’s important that we pass it. We’re seeing different strains. Now in Europe, there are strains that are 100 times stronger,” Oliva said. “And we’re starting to learn that this has some schizophrenia-type results, and especially in young developing brains. And so it is, in fact, a priority for us.”

Medical marijuana industry experts maintain such research was flawed, a critique echoed Tuesday by O’Connell.

“None of my patients that have used strains of flower [cannabis] with THC percentages above 10 have had any notable adverse reactions, only benefit,” he said.
With less than three weeks left in the legislative session that ends March 13, the House and Senate have not introduced or considered a THC, tetrahydrocannabinol, cap. But it is not unusual for high-priority issues to become part of the horse-trading between House and Senate leaders in the waning days — or hours — of the session.
When asked about caps Tuesday afternoon, Rodrigues said the House and Senate are “still in negotiations” on the issue.

But Brandes said the Senate should “hold the line.”

“Anyone who’s spent any time in the military knows what that means,” he said.

Henry Cobbs, a 78-year-old Sandestin resident, said he has been using low-THC cannabis to treat prostate cancer since 2016. He believes the cannabis protocol has kept his cancer in remission.

Cobbs said he was forced out of his job as dean of the U.S. Air Force Special Operations School at Hurlburt Field after he was overheard telling a colleague about the benefits of using cannabis to treat cancer.

“We are allowing bureaucratic and political decision-making to get between the doctor and patient relationship, which makes absolutely no sense,” Cobbs, who served for 22 years before retiring and going to work at the Air Force base, said at the news conference.

 

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THC caps shot down by Senate committee

For the second year in a row, lawmakers are looking to put caps on THC in medical marijuana.

A proposed amendment to a sweeping Department of Health bill would cap THC levels at 10% for medical marijuana prescribed to patients under 21 years old, unless they are terminally ill or their doctor receives special approval from the department.

"I am very concerned about what is happening to our young people," said Senate sponsor Gayle Harrell. "The studies that are coming out on brain development show that large amounts of THC have a very deleterious effect on brain development, especially in young adults."

The amendment was met with skepticism from Democrats and even some Republicans during questioning.

The bill was temporarily postponed in the middle of the debate, and the amendment was ultimately withdrawn.