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Now FL is also a frakin mess and, IMO, this can be laid totally at the feet of a FL state government intent on thrwarting the will of the people expressed in the constitutional amendment that voters approved. These people need to be sent packing.

Medical marijuana may be legal, but patients still go without in Florida


When Seth Hyman first began to buy medical marijuana in Florida for his 12-year-old daughter last year, he hoped it would be the answer to fixing her life-threatening seizures.

A genetic disorder means Rebecca, who cannot walk or speak, had about a hundred seizures daily, from a few seconds to a few minutes long.

But the Weston father, who began lobbying the legislature in 2014 when it passed an initial bill legalizing a limited form of medical marijuana, said the family faced hurdles even after Rebecca was approved to obtain the drug.

A limited number of growers has meant fewer varieties they can test to try managing Rebecca's condition, and she still has around 50 seizures a day, Hyman said. Even the varieties that are available are in low supply.

"With the current system, you're very limited to the strains of product that are available," said Hyman, who has been hired by a law firm specializing in medical marijuana cases. "Some patients can't even get their medicine."

Months after the legislature passed a law enacting a constitutional amendment that broadly legalized medical marijuana, patients say they are hampered by delayed regulations yet to be implemented by state health officials.

The Department of Health's Office of Medical Marijuana Use, which is devising and implementing rules to implement the law, has blamed administrative challenges and lawsuits for the delays.

In recent weeks, lawmakers have become especially dissatisfied with those explanations. After a series of deadlines were missed and letters objecting to some rules went unanswered for months, lead legislators have called the office's behavior disrespectful and are discussing yanking funds from the department as they assemble the state's budget in the next four weeks.

But particularly frustrated are the patients' parents, who lobbied the legislature for years to legalize medical marijuana in the first place.

"I'm certainly happy to see the legislature really, truly apply some pressure," said political consultant Ben Pollara, who led the group behind the 2016 constitutional amendment. "Patients would like it, too. What they would like more is for [the department] to apply the law."

When applications for identification cards to obtain medical marijuana were first opened, delays stretched for months at a time, Hyman said. "I know patients who had to wait 90 days-plus to get their card, or patients who waited 60 days and finally got an answer saying, 'Oh, your picture's wrong,'" he remembered.

Lawmakers have been asking for answers from the Department of Health regarding those delays, and since October, a joint legislative committee has sent more than a dozen letters objecting to rules on issues ranging from medical marijuana licenses to caregivers' ID cards.

But the office did not respond to the letters until last Friday, when the Department of Health's general counsel wrote that the committee's objections might cause more delays.

Legislators were particularly incensed by that letter at a joint committee meeting last week. Christian Bax, the agency's head, sat mute while its members voted unanimously to object to some of its emergency rules.

Sen. Kevin Rader, D-Delray Beach, a committee chair, called the lack of responsiveness insulting and told reporters that the Legislature should consider targeting the office's funding.

Legislators have already begun making moves to flex their spending muscle. Last week, Rep. Jason Brodeur, R-Sanford, pushed an amendment in the House budget to freeze $2.1 million in salary and funds at the Department of Health. Sen. Rob Bradley, R-Fleming, the powerful chairman of the Senate Appropriations Committee, said he agreed with the measure and added Wednesday that legislators were considering using "the power of the purse" to respond to the Department of Health's inaction.

Department spokeswoman Mara Gambineri said the agency is working toward implementing all required regulations and that it plans to respond to legislators' concerns.

"There is access to medical marijuana right now," she said. "Patients are receiving medication, and every day we continue to process new applications… . Those parts and pieces are moving simultaneous to the rule-making progress we're making."

But the department is responsible for implementing those rules in a timely fashion, Pollara said. In the meantime, "the patients are the ones who are taking this on the chin."

Some parents have already taken matters into their own hands. Moriah Barnhart, who helped push for medical marijuana after her daughter, Dahlia, was diagnosed with a brain tumor, said even though the application process has been open for months, she is still getting her daughter's medical marijuana from out of state and has not applied for a card.

"I've never gotten a legal product from the state of Florida," said Barnhart, citing the long wait time and cost of a card. "We really don't have the means to obtain the meds Dahlia needs regularly."

Barnhart said the legal route, though it now exists, is still out of reach for some who are too poor to afford the $75 identification card. She said the costs of strains grown in Florida are also higher by hundreds of dollars compared to those in other states, because of fewer growers and lower supply.

If rules had been established more quickly, "we would have everything — everything that was supposedly implemented to date would be implemented," she said.

Florida, despite its successful legalization of medical marijuana, still does not provide sufficient access, she added.

"As much as I wanted this to work out, we just need to admit we are not where we are supposed to be."
 
Lived in FL for a long time and loved it...but wow, a very large portion of FL politicians and bureaucrats need to be 86'd. I mean tossed out on their arrogant fucking asses. Maybe they will get a job and become productive for a change instead of making a living screwing their electorate.


Lawsuit challenges troubled medical marijuana licensing scheme

By AREK SARKISSIAN
02/14/2018 05:03 AM EST


TALLAHASSEE — A South Florida cannabis advocacy group is filing a lawsuit claiming the already embattled approval process for medical marijuana growers violates the 2016 constitutional amendment approved by Florida voters.

The suit, to be filed Wednesday by Gainesville lawyer Jon Mills on behalf of the Plantation-based Patients and Producers Alliance, claims the rigid structure written in S.B. 8A — including the 10-license limit for growers — violates the amendment.

“The theme is it’s not supposed to deter patients from access,” Mills told POLITICO on Tuesday. “The amendment was written so that all patients can have unrestricted access to this type of medical treatment.”

It will join at least seven other ongoing lawsuits filed in Leon County Circuit Court challenging the law.

State Sen. Jeff Brandes (R-St. Petersburg) said the suits show the law needs to be rewritten.

“This law has so many glaring problems,” Brandes said. “It just drips with special interests and and with crony capitalism.”

Mills authored the November 2016 ballot amendment supported by 71 percent of voters. His suit states the language in the amendment never called for licenses. In fact, it was written to allow as many growers as possible. “We wanted there to be every opportunity possible,” he said.

Mills also represents the lawsuit filed by Orlando lawyer John Morgan, who financially backed the successful ballot campaign. That suit is challenging a prohibition on patients under doctors’ orders to smoke medical marijuana. The amendment Mills wrote was backed by the group People United for Medical Marijuana, which Morgan chairs.

Mills’ latest case addresses the constitutionality of what was described as a “vertical” licensing scheme. Rather than merely registering any grower, distributor or retailer that comes forward, the law creates a restrictive and expensive licensing process. For instance, the amendment did not call for the $60,830 nonrefundable application fee, and there’s no mention that an applicant must hold a $5 million bond, the suit states.

Patients and Producers Alliance President Aaron Nevins said the suit should serve as a message to lawmakers that the current law is broken.

“We could not stand by as the [Florida] Department of Health and the Legislature squabble over how to prop up a cannabis market they have bungled with unconstitutional restrictions,” Nevins said.

State business records show Nevins created his organization on Dec. 7. He also was the GOP strategist who had received information from a hacker identified as Guccifer 2.0, who had stolen information from the Democratic Congressional Campaign Committee.

The new medical marijuana law went into effect last July after the Legislature passed it during a June special legislative session. It created 10 new licenses, two of which were reserved for growers from the citrus or molasses industries. One license was reserved for black farmers who were litigants of a decades-old $2 billion class action lawsuit against the U.S. Department of Agriculture and members of the Ocala-based Florida Black Farmers and Agriculturalists Association.

Black Panama City farmer Columbus Smith later sued the DOH, arguing the required association membership violated the state constitution. A Leon County Circuit Court judge ruled in December the constitutional argument would likely prevail.

In October, Office of Medical Marijuana Use Director Christian Bax missed a deadline to have the 10 growers’ licenses issued. He blamed the delay on the Smith. Only six licenses, however, have been issued as of Tuesday.

Last week, during a Joint Administrative Procedures Committee meeting, state Sen. Kevin Rader (D-Delray Beach), who serves as alternating committee chairman, said he found it hard to believe Bax could still use Smith’s case as an excuse.

“At some point I would hope the department would stop looking for a scapegoat and just do its job,” Rader said.

In the Senate, Brandes was one of two Republican senators who voted against the bill. He had proposed a plan that would allow an unlimited number of licenses.

“This bill was the most minimal access possible to medical marijuana,” Brandes said. “The people with the best lobbyists won.”
 

Settlement allows Colorado cannabis retail chain to open three MMJ shops in Florida



The Green Solution, one of Colorado’s largest retail marijuana chains, has received the OK to open three medical marijuana dispensaries in Florida.

That approval did not come without a fight, however.

The Denver-based company’s expansion into the Sunshine State is the result of a settlement approved this week by commissioners in Osceola County.

As part of the settlement, The Green Solution agreed it wouldn’t take any legal action against the county, which is about 50 miles southeast of Orlando.

The county had enacted a moratorium on MMJ dispensaries until state law had been ironed out.

But The Green Solution argued before the commissioners that it had “a vested right” to open because it had received approval before the moratorium.

According to the Orlando Business Journal, changes to Florida state law limited the county’s powers to either ban dispensaries or allow an unlimited number.

The Green Solution, which has 15 retail outlets across Colorado, didn’t specify exactly where its Osceola County locations would be.

But the company wrote in an email to the Business Journal that “it’s currently identifying possible locations for the dispensaries and working with the county to obtain required permits.”
 
FL fucking it up yet again.

"Christopher Padgett with the Clay County Sheriff's office said Florida's medical marijuana laws are very clear."

Yes, and so was the constitutional referendum passed by the citizens of the state, but that didn't seem to stop the legistlature and the cops from doing WTF they wanted to do, yeah?




Clay County man arrested for marijuana possession even with his medical marijuana card
John Inman, 45, walked out of the Clay County jail exhausted but determined.


GREEN COVE SPRINGS, Fla. -- John Inman, 45, walked out of the Clay County jail exhausted but determined.

In a soft spoken voice, he explained why he was arrested on marijuana charges and why he believes it was a wrongful arrest.

"I was doing what my doctors told me to do, smoke marijuana," he said.

The Clay County Sheriff's arrest report shows he had bags of marijuana, vials of oil, bongs and more. Both Inman and his daughter, Shae, are Medical Marijuana card holders.

He said he prefers the organic form of the drug because the marijuana from the state licensed dispensaries makes him sick.

"I made complaints to my doctor and they told me to smoke marijuana and that's what I've been doing," Inman said. "They know it, my doctors are well aware of it and they tell me to keep doing it."

He was arrested on charges of intent to distribute or sell, a charge he denies.

Cellphone pictures of his home shows how investigators went in and how the condition they left it.

Shae, 20, was read her rights and arrested, but she was released

"I'm just trying to take my medication and to help my dad," she said.

Ethan Dowdy is a neighbor and a friend of the family.

"Everything that I know off there was no operation going on," said Dowdy,"he was using it for himself and her."

Inman said he decided to buy his marijuana from the streets, he prefers the raw form of his prescribed medicine.

"I purchased it on the streets and I had it in my house and they arrested me for it," he said.

He said his preference is driven by his concerns over the use of chemicals to process the marijuana sold in dispensaries.

"Our government is regulating ethanol in stuff and it is making us more unhealthy," Inman said. "Florida is not a compassionate state."

Inman said he's expressed his concerns to the Florida Department of Health before. He said he will fight the charges against him.

"I'm going to fight this because there are many going through the same thing and Florida has been sitting on this for way too long," Inman said.

Christopher Padgett with the Clay County Sheriff's office said Florida's medical marijuana laws are very clear.

"These laws can be reviewed with the booking sheet of Mr. Inman ... showing the violations of Florida State Statute."

And according to the office of Medical Marijuana Florida law makes it illegal to buy your prescribed medicine from the streets.

"Only approved Medical Marijuana Treatment Centers can dispense medical marijuana or low-THC cannabis legally in Florida," Mara Gambineri said.
 
FL fucking it up yet again.

"Christopher Padgett with the Clay County Sheriff's office said Florida's medical marijuana laws are very clear."

Yes, and so was the constitutional referendum passed by the citizens of the state, but that didn't seem to stop the legistlature and the cops from doing WTF they wanted to do, yeah?




Clay County man arrested for marijuana possession even with his medical marijuana card
John Inman, 45, walked out of the Clay County jail exhausted but determined.


GREEN COVE SPRINGS, Fla. -- John Inman, 45, walked out of the Clay County jail exhausted but determined.

In a soft spoken voice, he explained why he was arrested on marijuana charges and why he believes it was a wrongful arrest.

"I was doing what my doctors told me to do, smoke marijuana," he said.

The Clay County Sheriff's arrest report shows he had bags of marijuana, vials of oil, bongs and more. Both Inman and his daughter, Shae, are Medical Marijuana card holders.

He said he prefers the organic form of the drug because the marijuana from the state licensed dispensaries makes him sick.

"I made complaints to my doctor and they told me to smoke marijuana and that's what I've been doing," Inman said. "They know it, my doctors are well aware of it and they tell me to keep doing it."

He was arrested on charges of intent to distribute or sell, a charge he denies.

Cellphone pictures of his home shows how investigators went in and how the condition they left it.

Shae, 20, was read her rights and arrested, but she was released

"I'm just trying to take my medication and to help my dad," she said.

Ethan Dowdy is a neighbor and a friend of the family.

"Everything that I know off there was no operation going on," said Dowdy,"he was using it for himself and her."

Inman said he decided to buy his marijuana from the streets, he prefers the raw form of his prescribed medicine.

"I purchased it on the streets and I had it in my house and they arrested me for it," he said.

He said his preference is driven by his concerns over the use of chemicals to process the marijuana sold in dispensaries.

"Our government is regulating ethanol in stuff and it is making us more unhealthy," Inman said. "Florida is not a compassionate state."

Inman said he's expressed his concerns to the Florida Department of Health before. He said he will fight the charges against him.

"I'm going to fight this because there are many going through the same thing and Florida has been sitting on this for way too long," Inman said.

Christopher Padgett with the Clay County Sheriff's office said Florida's medical marijuana laws are very clear.

"These laws can be reviewed with the booking sheet of Mr. Inman ... showing the violations of Florida State Statute."

And according to the office of Medical Marijuana Florida law makes it illegal to buy your prescribed medicine from the streets.

"Only approved Medical Marijuana Treatment Centers can dispense medical marijuana or low-THC cannabis legally in Florida," Mara Gambineri said.

That’s the problem, and what the state is being sued. Right now, even being a legal patient, if I get flowers (not from a dispensary) and smoke them, I too could be arrested. As it is, I’m not even allowed to use my legal medicine in any public place. :shakehead:

The only flowers they have available here at dispensaries is pre-ground flower, already in a sealed cup. Price: $25.00 for ONE THIRD OF A GRAM. Yes, you read that right.

This is the dispensary I will be using because they don’t use coconut oil. $35.00 for 1/4 gram, $140 for a whole gram. They also have free delivery. This place is actually the cheapest dispensary.
 
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Here you go, @Vicki. Hope they kick the state government's ass in court.

The fight for smokable medical marijuana in Florida goes to court

The fight for smokable medical marijuana in Florida goes to court in May. Medical cannabis activists are suing the state to get a ban on smokable cannabis overturned. People United for Medical Marijuana (PUFMM) filed the suit in July of last year. According to sources, Leon County Judge Karen Gievers set a trial date of May 16 in the case. Judge Gievers will hear and decide the case without the help of a jury.

Florida voters legalized medical marijuana by a 71 percent majority in 2016. Subsequently, the state legislature outlawed smokeable forms of cannabis in 2017. Patients would have to rely on vaping, topicals, tinctures, edibles and other non-combustible forms of cannabis. Legislators cited the health risks of smoking as the reason for the ban.

Attorney John Morgan of Orlando chairs PUFMM. He also led the campaign to pass Amendment 2, as the law is known. Morgan believes the ban on smokable forms of marijuana violates Amendment 2.

Suit Given Go-Ahead Last Month

The state tried to have the suit dismissed at a hearing in January. But plaintiffs in the case fought back. They argued that lawmakers overstepped their authority when they banned smoking medical cannabis.

Lawyers for the legislature argued that Amendment 2 gave the responsibility of implementing it to lawmakers. Judge Gievers decided in favor of the plaintiffs and said the case could continue.

“The pending complaint contains sufficient allegations to meet the standing and active case or controversy criteria for the court to have jurisdiction over this declaratory judgment action,” the judge ruled.

Cathy Jordan is one of the plaintiffs in the case. She is an ALS patient who has been legally using cannabis medicinally for years due to special state authorization.

She and her husband Bob have lobbied for access to medical marijuana for other Florida patients. They also campaigned for the passage of Amendment 2.

Jon Mills is an attorney who helped write Florida’s medical marijuana law. He also represents Cathy Jordan. After Judge Gievers decided the case could continue, he told local media he was pleased with the decision.

“I’m delighted we can move forward. I’ve spoken with Cathy Jordan and Bob. They’re very happy. We’re happy that it came so quickly. It allows us to advance the case and that’s what we intend to do.”

Because Jordan is older than 65, she has the right to request an expedited hearing of the case under Florida law. Mills expects to exercise that right.

“We want Cathy to be able to see the results as soon as possible,” he said.

More Problems for Patients, too

Patients have other complaints about the rollout of Florida’s medical marijuana problem, as well.

Seth Hyman buys medicinal cannabis products for his daughter Rebecca, who has a seizure disorder. Recently, he told the Tampa Bay Times that access to medicine is difficult.

“With the current system, you’re very limited to the strains of product that are available,” said Hyman. “Some patients can’t even get their medicine.”

The Fight For Smokable Medical Marijuana in Florida Goes To Court

The case isn’t the only one against the state over its implementation of Amendment 2. Seven additional lawsuits are pending, as well. One case challenges the state’s process for issuing licenses to medical marijuana treatment centers.
 
Here you go, @Vicki. Hope they kick the state government's ass in court.

The fight for smokable medical marijuana in Florida goes to court

The fight for smokable medical marijuana in Florida goes to court in May. Medical cannabis activists are suing the state to get a ban on smokable cannabis overturned. People United for Medical Marijuana (PUFMM) filed the suit in July of last year. According to sources, Leon County Judge Karen Gievers set a trial date of May 16 in the case. Judge Gievers will hear and decide the case without the help of a jury.

Florida voters legalized medical marijuana by a 71 percent majority in 2016. Subsequently, the state legislature outlawed smokeable forms of cannabis in 2017. Patients would have to rely on vaping, topicals, tinctures, edibles and other non-combustible forms of cannabis. Legislators cited the health risks of smoking as the reason for the ban.

Attorney John Morgan of Orlando chairs PUFMM. He also led the campaign to pass Amendment 2, as the law is known. Morgan believes the ban on smokable forms of marijuana violates Amendment 2.

Suit Given Go-Ahead Last Month

The state tried to have the suit dismissed at a hearing in January. But plaintiffs in the case fought back. They argued that lawmakers overstepped their authority when they banned smoking medical cannabis.

Lawyers for the legislature argued that Amendment 2 gave the responsibility of implementing it to lawmakers. Judge Gievers decided in favor of the plaintiffs and said the case could continue.

“The pending complaint contains sufficient allegations to meet the standing and active case or controversy criteria for the court to have jurisdiction over this declaratory judgment action,” the judge ruled.

Cathy Jordan is one of the plaintiffs in the case. She is an ALS patient who has been legally using cannabis medicinally for years due to special state authorization.

She and her husband Bob have lobbied for access to medical marijuana for other Florida patients. They also campaigned for the passage of Amendment 2.

Jon Mills is an attorney who helped write Florida’s medical marijuana law. He also represents Cathy Jordan. After Judge Gievers decided the case could continue, he told local media he was pleased with the decision.

“I’m delighted we can move forward. I’ve spoken with Cathy Jordan and Bob. They’re very happy. We’re happy that it came so quickly. It allows us to advance the case and that’s what we intend to do.”

Because Jordan is older than 65, she has the right to request an expedited hearing of the case under Florida law. Mills expects to exercise that right.

“We want Cathy to be able to see the results as soon as possible,” he said.

More Problems for Patients, too

Patients have other complaints about the rollout of Florida’s medical marijuana problem, as well.

Seth Hyman buys medicinal cannabis products for his daughter Rebecca, who has a seizure disorder. Recently, he told the Tampa Bay Times that access to medicine is difficult.

“With the current system, you’re very limited to the strains of product that are available,” said Hyman. “Some patients can’t even get their medicine.”

The Fight For Smokable Medical Marijuana in Florida Goes To Court

The case isn’t the only one against the state over its implementation of Amendment 2. Seven additional lawsuits are pending, as well. One case challenges the state’s process for issuing licenses to medical marijuana treatment centers.

I hope we win this fight because right now MMJ in Florida is an expensive clusterfuck.

I forgot to mention I get a 10% discount off every order because I am on SSD. That helps.
 
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I just called the state today. (They have my check). I was told it will be 27 BUSINESS days from the time I submitted my application until I get the email that my card is on the way. Guess I’ll be able to buy some medicine sometime in April....
 
I just called the state today. (They have my check). I was told it will be 27 BUSINESS days from the time I submitted my application until I get the email that my card is on the way. Guess I’ll be able to buy some medicine sometime in April....
Sigh... similar to what they do here in Michigan. We're always told to keep a copy of the paperwork (to serve as legal documentation in case of problems) and that we are considered legal 20 days after the check has cleared. However... you cannot buy from a dispensary until you have your card.

We have a caregiver system in place here though which sort of circumvents that. If you have a caregiver that is....
 
Sigh... similar to what they do here in Michigan. We're always told to keep a copy of the paperwork (to serve as legal documentation in case of problems) and that we are considered legal 20 days after the check has cleared. However... you cannot buy from a dispensary until you have your card.

We have a caregiver system in place here though which sort of circumvents that. If you have a caregiver that is....

We can go buy medicine as soon as we receive the email from the state. That means I am in the database and dispensary can look me up as long as I show them the email and my driver’s license. It just takes too damn long to even get that email. One patient told me today she hasn’t received her card and she was approved 10 months ago!
 
Well, it seems as if everybody is suing the FL state government....it couldn't happen to a more deserving bunch, IMO.


South Florida Marijuana Advocates Sue State Over "Unconstitutional" Pot Laws
Travis Cohen | March 12, 2018 | 9:00am

As medical marijuana becomes a big business in Florida, the companies who got in the door first are doing everything in their power to minimize competition and maximize their bottom line. And that means pushing for a closed system that prevents most people from breaking into the cannabis industry — and hurts patients by stifling competition and innovation.

That's what a South Florida pot advocacy group argues in a new lawsuit against the state. The group, Patients and Producers Alliance, says the state's heavily limited rules for granting medical-pot-growing and -selling licenses is unconstitutional.

Related Stories
"What we're seeing is basically a state-by-state plan by what you could call 'the big dogs' of the industry," Aaron Nevins, president of the alliance, says. "There's a barrier to entry, and it's harming the market... It's putting profit above patients, essentially, and it's allowing corporate America to stamp out any competition."

Nevins' group filed its lawsuit against the Department of Health February 14 in Leon County. The state has yet to respond in court and, no date has been set for a first hearing.

He says medical marijuana in Florida has gotten off to a slow start because the state has deliberately stifled competition. So far, only 13 licenses have been issued o marijuana producers, and Nevins says several of those licenses are essentially being held for ransom by companies that have no intention of ever growing pot for patients in need.

"There really isn't a lot of opportunity," Nevins says. "You have a couple of people that own a majority of the licenses. A lot of them are selling for very inflated valuations — they're flipping for $40 to $50 million — and they're not even producing any product."

Florida's approach to regulating a medical marijuana industry has been troubled from the get-go. New Times reported in early 2017 about the heavy lobbying and infighting over whether to expand licensing for producers. When legislators finally passed rules for the industry, they banned smokable products and kept the number of licenses to a minimum.

Nevins says special interests are still drowning out patients and doctors. Though 71 percent of voters in Florida approved medical marijuana in 2016, Florida has failed to deliver for them, Nevins says, by requiring millions of dollars in bonds and charging $60,000 application fees simply to attempt to break into the business.

"We have .02 percent of the state that actually has access right now," Nevins says.

img_0865.jpg
EXPAND
Jordan Huffer (left) and Aaron Nevins are trying to fix Florida's medical marijuana system.
Courtesy of Jordan Huffer
Jordan Huffer, cofounder of Synergy Wellness and a partner of Nevins' in his lawsuit, says the law that's on the books is more favorable to big businesses than to patients.

"You're seeing regional players trying to figure out how to monopolize this market for not only THC, but any other compound coming out of marijuana that is beneficial," Huffer explains. "They're trying to regulate all of that and bring it in under their umbrella."

Huffer and Nevins' lawsuit — which is one of at least seven other ongoing suits against the state Department of Health over its pot rules — aims to force the state to open up its licensing so that far more Floridians have access to medical marijuana.

"On the state level," Nevins says, "our lawsuit is essentially the lawsuit to end all the other lawsuits."

If you like this story, consider signing up for our email newsletters.
SHOW ME HOW
Their case is built on two main arguments: First, legislators failed to follow the language of the constitutional amendment by restricting the DOH and the Office of Medical Marijuana Use to distribute only a handful of licenses; the amendment never mentions licenses at all, they argue, and forbids provisions that would include "overly restrictive limits on the number or size of the medical marijuana treatment centers."

Second, they argue that the amendment explicitly states medical marijuana treatment centers should not have to be involved in growing or transporting pot, but the law passed in Tallahassee requires precisely that by forcing companies to be vertically integrated in everything from cultivation to transportation to sales.

Nevins says if their suit is successful, it could have far-reaching effects well beyond Florida.

"When you start looking at some of the closed systems around the country," Nevins says, "you start to realize that this case is sort of the battleground nationally for the free market versus the closed system debate."
 
Well, it seems as if everybody is suing the FL state government....it couldn't happen to a more deserving bunch, IMO.


South Florida Marijuana Advocates Sue State Over "Unconstitutional" Pot Laws
Travis Cohen | March 12, 2018 | 9:00am

As medical marijuana becomes a big business in Florida, the companies who got in the door first are doing everything in their power to minimize competition and maximize their bottom line. And that means pushing for a closed system that prevents most people from breaking into the cannabis industry — and hurts patients by stifling competition and innovation.

That's what a South Florida pot advocacy group argues in a new lawsuit against the state. The group, Patients and Producers Alliance, says the state's heavily limited rules for granting medical-pot-growing and -selling licenses is unconstitutional.

Related Stories
"What we're seeing is basically a state-by-state plan by what you could call 'the big dogs' of the industry," Aaron Nevins, president of the alliance, says. "There's a barrier to entry, and it's harming the market... It's putting profit above patients, essentially, and it's allowing corporate America to stamp out any competition."

Nevins' group filed its lawsuit against the Department of Health February 14 in Leon County. The state has yet to respond in court and, no date has been set for a first hearing.

He says medical marijuana in Florida has gotten off to a slow start because the state has deliberately stifled competition. So far, only 13 licenses have been issued o marijuana producers, and Nevins says several of those licenses are essentially being held for ransom by companies that have no intention of ever growing pot for patients in need.

"There really isn't a lot of opportunity," Nevins says. "You have a couple of people that own a majority of the licenses. A lot of them are selling for very inflated valuations — they're flipping for $40 to $50 million — and they're not even producing any product."

Florida's approach to regulating a medical marijuana industry has been troubled from the get-go. New Times reported in early 2017 about the heavy lobbying and infighting over whether to expand licensing for producers. When legislators finally passed rules for the industry, they banned smokable products and kept the number of licenses to a minimum.

Nevins says special interests are still drowning out patients and doctors. Though 71 percent of voters in Florida approved medical marijuana in 2016, Florida has failed to deliver for them, Nevins says, by requiring millions of dollars in bonds and charging $60,000 application fees simply to attempt to break into the business.

"We have .02 percent of the state that actually has access right now," Nevins says.

img_0865.jpg
EXPAND
Jordan Huffer (left) and Aaron Nevins are trying to fix Florida's medical marijuana system.
Courtesy of Jordan Huffer
Jordan Huffer, cofounder of Synergy Wellness and a partner of Nevins' in his lawsuit, says the law that's on the books is more favorable to big businesses than to patients.

"You're seeing regional players trying to figure out how to monopolize this market for not only THC, but any other compound coming out of marijuana that is beneficial," Huffer explains. "They're trying to regulate all of that and bring it in under their umbrella."

Huffer and Nevins' lawsuit — which is one of at least seven other ongoing suits against the state Department of Health over its pot rules — aims to force the state to open up its licensing so that far more Floridians have access to medical marijuana.

"On the state level," Nevins says, "our lawsuit is essentially the lawsuit to end all the other lawsuits."

If you like this story, consider signing up for our email newsletters.
SHOW ME HOW
Their case is built on two main arguments: First, legislators failed to follow the language of the constitutional amendment by restricting the DOH and the Office of Medical Marijuana Use to distribute only a handful of licenses; the amendment never mentions licenses at all, they argue, and forbids provisions that would include "overly restrictive limits on the number or size of the medical marijuana treatment centers."

Second, they argue that the amendment explicitly states medical marijuana treatment centers should not have to be involved in growing or transporting pot, but the law passed in Tallahassee requires precisely that by forcing companies to be vertically integrated in everything from cultivation to transportation to sales.

Nevins says if their suit is successful, it could have far-reaching effects well beyond Florida.

"When you start looking at some of the closed systems around the country," Nevins says, "you start to realize that this case is sort of the battleground nationally for the free market versus the closed system debate."

That’s why everything is so fucking expensive and you get few choices. They can get away with it. Not to mention the $413 we have to pay the doctor and state yearly just to have the privilege of having few choices and getting ripped off.
 
http://www.wjhg.com/content/news/La...e-to-medical-marijuana-backlog-476431823.html

TALLAHASSEE, Fla. (CAPITOL NEWS SERVICE) - Lawmakers have decided to withhold $1.9 million in salaries and benefits for top brass at the State Department of Health in the state budget until the department fully implements the sate’s medical marijuana law passed last year.

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The Office of Medical Marijuana Use has yet to issue five new grow licenses, which were supposed to be finalized last October.

The DOH blames pending lawsuits for the delay, but lawmakers aren't satisfied with the excuse.

Some advocates like Jodi James with the Florida Cannabis Action Network say lawmakers set the Department up for failure.

“If the issue were as simple as someone not doing their job that might be an appropriate thing to do, but really the Legislature did not give them a job that could be done and deadlines that were reasonable. We've been saying that what they really did is they created this Herculean task, they wrapped it up in a Gordian knot,” said James.

The Department of Health didn’t respond to our request for comment on this story.

This won’t help patients get their cards any quicker. The state cashed my check Friday, but I will most likely have to wait a month before I can buy any meds. I will lose a whole month, plus possibly more because they can’t get patients on the registry fast enough.
 
My kind of guy...owns a go-go joint and uses MJ. Bliss LOL


Joe Redner hopes to be allowed to grow his own cannabis as early as next week


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Joe Redner, Tampa’s outspoken strip club owner and cancer patient, is hoping he’ll be able to legally grow his own marijuana plants soon.

Redner, 77, made his case against the Florida Department of Health in a Tallahassee courtroom Wednesday on why he has a constitutional right to grow his own marijuana plants. Leon County Circuit Judge Karen Gievers is expected to rule on the case next week.

"We made our presentation and then the department had about 13 minutes of gobbledygook," Redner said of the short trial during a phone interview with the Tampa Bay Times Wednesday. "I feel confident that the case is for us, not against us."

Redner, who owns the Mons Venus strip club in Tampa, is a registered medical marijuana patient in Florida and uses cannabis products to treat conditions related to his stage-four lung cancer. He filed the lawsuit last summer, less than two weeks after lawmakers put in place new laws governing the growing, manufacturing and selling of medical marijuana.

It claims the state is not following the will of the public, which voted overwhelmingly in 2016 for a constitutional amendment legalizing medical marijuana.

In January, the same judge denied a motion by the Florida Department of Health to dismiss Redner’s case. The judge also denied Redner’s motion for an emergency temporary injunction, which would have allowed him to grow marijuana plants during the court process, but described Redner’s plea in the case as "constitutional in nature," which allowed it to move forward.

PREVIOUS COVERAGE: Joe Redner wins an early round in his legal fight to grow his own marijuana

Under state Health Department rules, Floridians are barred from growing cannabis for their personal use, including those who are legally registered as medical marijuana patients. Redner’s lawsuit challenged those rules based on how the state Constitution, as amended by voters, defines marijuana.

The suit claims that the definition includes "all parts of the plant." Redner said he wants to grow his own plants because he says he has no idea what he’s getting from the state’s licensed growers and distributors.

The Health Department argued in court Wednesday that Redner’s case could open the door to more challenges over the amendment’s language, if the judge rules in favor of him.

"What the plaintiff and this court are about to do, if you hold that individual medical users have immunity to grow their own marijuana, you may ultimately cause the entire medical marijuana constitutional amendment to be nullified and stricken from the Florida Constitution," said Jason Gonzalez, an attorney with the Shutts & Bowen firm, who represented the Department of Health during trial Wednesday. "I don’t think this is what you are intending to do, but it is what binding Florida Supreme Court precedent provides."

Gonzalez said that the ballot summary voters read when voting on Amendment 2 was never intended to allow individuals to grow their own marijuana.

"The ballot summary informed the voters that only registered and regulated ‘centers’ would be given immunity for growing marijuana," he said. "This is significant, if your final ruling is consistent with your prior ruling that there is a Constitutional right for individuals to cultivate and process marijuana."

PREVIOUS COVERAGE: Are Florida doctors prepared to treat patients with medical marijuana?

Lawmakers have limited the selling and growing of marijuana to 13 companies. That number could grow based on demand and the number of registered patients in the state. Currently, the licensed companies can sell cannabis pills, oils, edibles and "vape" pens with a doctor’s approval, but the law bans smoking.

More than 70 percent of voters in 2016 approved Amendment 2, expanding who can legally use medical marijuana in Florida from just the terminally ill and some other patients with epilepsy and cancer, to those with other debilitating conditions such as glaucoma, HIV/AIDS and post traumatic stress disorder, among other conditions. Lawmakers struggled with how to implement the expansion, which is expected to become a $1 billion industry in Florida within the next three years.
 
Just popping in to say congrats, @Vicki

Im in Washington state, but my mother just saw her doctor and has paperwork filed with the state.

Im researching her options, but they are apparently going with a dispensary called "Surterra".

Anyway, it's my job now to help manage my mom's MMJ, so I've got to learn got to navigate Florida's system from the opposite corner of the country.
 
Just popping in to say congrats, @Vicki

Im in Washington state, but my mother just saw her doctor and has paperwork filed with the state.

Im researching her options, but they are apparently going with a dispensary called "Surterra".

Anyway, it's my job now to help manage my mom's MMJ, so I've got to learn got to navigate Florida's system from the opposite corner of the country.

Thanks. :)

I’m gonna go with Trulieve and their TruClear syringe. It’s pure with no cutters, and I plan to put it in my Hive 2.0 quartz coil. Stay away from Knox! They are expensive assholes. Seriously, they are dicks.

What medical marijuana doctor did your mom see here in Florida? Was it DocMJ by chance? That’s my medical marijuana doctor, and they have a support group on Facebook for patients.
 

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