Medicinal MJ moving forward in FL

Mani

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Jun 11, 2007
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FL is extremely backwards when it comes to MJ. Still illegal for dying cancer patients.

There is a law that helps the most dire patients and there is a local movement to decriminalize at City? Or County? level.


http://blog.tenthamendmentcenter.co...na-for-terminal-patients-defying-federal-ban/

TALLAHASSEE, Fla. (March 7, 2016) – A bill expanding the state’s “Right to Try” law by legalizing the limited use of medical marijuana passed the state Senate today and will go on to the governor’s desk. If signed into law, the legislation will further nullify in effect federal prohibition of cannabis.

Rep. Matt Goetz (R-Fort Walton Beach) sponsored House Bill 307 (HB307). Sen. Rob Bradley (R-Fleming) sponsored a companion bill in the Senate (SB460). The legislation allows doctors treating terminally ill patients that qualify under Florida’s new “Right to Try” law to prescribe medical marijuana.

The legislation was also amended to revise existing regulations relating to the state’s low-THC cannabis industry covered by the 2014 Compassionate Medical Cannabis Act. The law allows physicians to prescribe low-THC cannabis to treat patients suffering from cancer or other conditions that produce seizures or severe and persistent muscle spasms if no other satisfactory alternative treatment options exist. The five dispensing organizations authorized to produce and distribute low-THC cannabis under current law would also be able to do the same for medical marijuana under HB307.

HB307 passed the House 99-16 on March 3. The Senate substituted the House version for SB460 and passed it 28-11 today. It will now head to Gov. Rick Scott’s desk. He will have 15 days to sign or veto the bill. If he takes no action, it will become law without his signature.

HB307 expands on a recently passed “right to try” law that effectively nullifies in practice some Food and Drug Administration (FDA) rules preventing terminally-ill patients from accessing experimental treatments. The legislation would allow such patients to access medical marijuana, along with other experimental medicines and treatments.

If Gov. Scott signs HB307 into law, Florida will join more than two-dozen states ignoring the federal prohibition of marijuana by allowing its use for medicinal purposes.

EFFECT ON FEDERAL PROHIBITION

Congress and the president claim the constitutional authority to ban marijuana entirely. The Supreme Court concurs. However, nearly two-dozen states have taken steps to put the well-being of their citizens above the so-called federal supremacy by legalizing marijuana to varying degrees anyway.

“The rapidly growing and wildly successful state-level movement to legalize marijuana, either completely, or for medical use, proves that states can successfully effectively reject unconstitutional federal acts. The feds can claim the authority to prohibit pot all they want, but it clearly has done nothing to deter states from moving forward with plans to allow it, pushed by the will of the people,” Tenth Amendment Center executive director Michael Boldin said.

Although HB307 only authorizes medical marijuana for a narrow group of people, it is still a good first step. By opening the door for terminally ill patients to reap the benefits of medicinal cannabis, the state would craft its own policy rather than follow the federal government’s lead. It also would take another small step toward nullifying in practice the unconstitutional federal ban.

Since FBI statistics show that approximately 99 of 100 arrests for marijuana are done under state and not federal law, states can take immediate action to effectively nullify federal attempts to keep the plant illegal. Every expansion of state marijuana legalization makes it even more difficult for the federal government to enforce its prohibition on the plant.

HB307 was drafted as expansions to Florida’s “Right to Try” law that went into effect earlier this year, nullifying in practice certain Food and Drug Administration (FDA) rules that prevent terminally ill patients from accessing unapproved treatments.

The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval. The new law bypasses the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without obtaining FDA approval.

This is in op-ed in the ORLANDO SENTINEL the main paper there.

http://www.orlandosentinel.com/opin...na-florida-scott-maxwell-20160308-column.html

Marijuana is on the march in Florida.

Volusia County made it legal to carry small amounts last week.

South Florida counties did it last year.

Tampa is preparing to do it next week.

Even Orlando Mayor Buddy Dyer is looking at the issue.

Plus, a statewide campaign to legalize medical marijuana appears poised to pass this fall.

Heck, this state's beginning to look like one big Grateful Dead show.

Really, though, all this has little to do with Floridians being eager to get high and more to do with taxpayers — and law-enforcement officers — being sick of wasting tax dollars and judicial resources on small-time possession charges that often get dropped or reduced anyway.

Citizens also no longer trust legislators who failed to deliver on their promise to get non-euphoric doses of marijuana into the hands of chronic, suffering patients.

This movement crosses party lines.

In Volusia, a bipartisan county council took unanimous action led by a former prosecutor with the blessing of Republican Sheriff Ben Johnson, a conservative lawman with a Southern drawl and a widespread following.


Johnson wasn't pro-pot. He was just tired of wasting resources on crimes that didn't amount to much.

That's really the problem.

Right now, Florida has about 100,000 people in prison. That's a higher prison population than all of France has. Or the entire United Kingdom.

We have a justice system that ramps up spending more than it clamps down on crime.

With pot arrests, taxpayers spend money to arrest, lock up and prosecute people who aren't any higher than someone having a couple of Mai Tais.

Ask local prosecutors who causes more violence — a drunk or a stoner.

People who have read my column for while know I'm no pot promoter.

I don't tout the recreational use of marijuana. But I don't tout the use of alcohol or cigarettes, either. Yet we allow those things, because we live in a society that generally permits people to make choices — even bad ones — unless someone else is harmed.

So now, even Buddy Dyer is looking at the issue, asking staff to research what other cities and counties have done.

I have to admit that surprised me. I mean, I don't get the impression Buddy is ready to hop in Cheech and Chong's big green van. But it's remarkable that he's considering the issue.

Over at Orange County, Mayor Teresa Jacobs is not — and probably won't unless the chamber of commerce first drafts a position paper.

Interestingly, though, Florida's business groups are increasingly pushing to ease up on pot punishment as part of what they call "smart justice," an effort to curb Florida's costly and ineffective revolving jail doors.

Most Florida counties voting to ease up on small-time pot possession haven't really made it legal. Instead they give officers the choice of issuing noncriminal citations and fines.

In Volusia, it's $100. In Tampa — where both the mayor and police chief endorsed the change that received preliminary approval last week — fines would start at $75 for the first offense and escalate after that. Penalties can also be paid in community service.

That's at the local level. At the statewide one, I expect medical marijuana will pass at the polls this fall.

It almost passed in 2014. The effort fell just short of the 60 percent threshold for constitutional amendments, but had wide supported. With 58 percent approval, it had more backing than any winning governor in three decades.

With increased turnout, growing acceptance and less opposition during a busy presidential cycle, 60 percent should be an easy bar to clear.

In general, people want sufferers to get relief, unnecessary government spending curbed and personal freedoms protected … which is what keeps driving this movement forward.


Interesting to see FL stepping in the right direction for once.
 
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