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Despite rhetoric in marijuana debate, Florida Legislature controls its safety

Tudo

Troublemaker
Moderator
ICMag Donor
Veteran
TALLAHASSEE
Here’s the little secret that neither side of the Amendment2 debate over medical marijuana is talking about: The Florida Legislature controls its fate.
You don’t hear it from opposition groups, who warn that legalizing medical marijuana will endanger children, spawn pot shops on every street corner and become the state’s next pill mill fiasco. That will happen only if the conservative Florida Legislature decides not to impose strict rules on who obtains the marijuana, who distributes it and under what conditions.
You don’t hear it from proponents, as the United for Care campaign rolls into college campuses, riding on the hopes of medically needy Floridians, and wishful recreational pot smokers.
Access to medical cannabis for those groups wouldn’t be easy, either, if the Legislature put in place a tightly controlled cultivation and dispensing system similar to one it adopted earlier this year when it legalized low-THC, high CBD strains of cannabis.
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</SECTION></ASIDE>And what’s to stop lawmakers from doing any of this and more?
“Nothing,” said Jon Mills, former Democratic House speaker and a constitutional lawyer who wrote the amendment on the ballot before voters on Nov.4. “The Legislature can do anything that is not inconsistent with the Constitution.”
The proposed constitutional amendment, he said, prevents the Legislature from creating a barrier to access for patients diagnosed with nine particular debilitating ailments, or others who meet the requirements of the law. But he noted that it does allow lawmakers to establish a protocol for determining what diseases are eligible for treatment and to put in place rules that keep the public safe.
Mills and former state Sen. Alex Diaz de la Portilla, a Republican, headed up a bipartisan panel of law enforcement, medical and government experts who recently proposed 56 ideas — from doctor certification to treatment center access and product testing — that legislators should include when implementing the amendment.
“The Legislature could require package labeling with potency and dosage,” Mills said. “It could require all plants to be tested and certified, and it could place restrictions on distributors, on caregivers, on growers and doctors.”
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The authors of the amendment not only assumed the Legislature would fill in the blanks of the amendment, he said, “we expected it.”
Creating new laws for a new cash-only pot industry is not a job that Florida’s Republican-controlled Legislature welcomes, however, and lawmakers have a history of delaying the implementation of constitutional amendments brought to them by citizens groups.
In 2002, for example, voters approved the amendment reducing class size in K-12 schools, but legislators phased it in over eight years rather than funding it quickly. In 2005, voters approved an amendment to allow Miami-Dade and Broward pari-mutuel facilities to operate slot machines, but legislators took two years before enacting it into law. And, in 2008, voters approved a constitutional amendment to provide tax exemptions for homeowners who make renewable energy improvements, but legislators didn’t implement it until 2013.
To thwart any potential delay in implementing Amendment2, the amendment’s authors gave the Florida Department of Health six months to write rules that must include issuing identification cards to patients and caregivers, developing medical marijuana treatment centers and determining treatment amounts to ensure the “safe use of medical marijuana by qualifying patients.”
Because the rules are likely to cost more than $1 million for the industry to implement, the Legislature will have to ratify them. And if the department fails to issue the rules in time, the amendment gives “any Florida citizen standing” to go to court and force the state to comply.
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But legislators from both sides of the political aisle told the Miami Herald/Tampa Bay Times that if Florida voters pass Amendment2 with the 60 percent majority needed to become law, legislation is inevitable.
“Amendment2 clearly recognizes a role for the Legislature,” said Sen. Andy Gardiner, R-Orlando, incoming Senate president. “So if it does pass, the Legislature will be prepared to address, through the standard legislative process, the gaps in the law and to provide guidance to the various state agencies impacted by its passage.”
Like Gardiner, incoming House Speaker Steve Crisafulli, R-Merritt Island, opposes the passage of Amendment2 because he believes it’s too sweeping, but he agrees that the Legislature has the responsibility to make sure the product and the public is safe.
Crisafulli said it is too early to say what shape the Legislature’s efforts will take if Amendment2 passes, but “certainly we will be working on this if it were to be put into law.”
John Morgan, the Orlando trial lawyer who has injected $5 million of his own money into the amendment effort, said he is confident that legislators will honor the wishes of voters if they approve the amendment.
“I find Andy Gardiner and Steve Crisafulli, and the guys following them, to be reasonable,” he said. “I do have faith.”
Under the amendment, the Florida Department of Health becomes the official rule-making authority, and many of the rules will need legislative approval. Both sides note, however, that while the Legislature will control the implementation, the governor will set the tone — and wield a veto pen.
“If Rick Scott is the governor, the Legislature will likely propose an enhanced version of the Compassion Medical Cannabis Act,” said Rep. Matt Gaetz, R-Shalimar, referring to the so-called “Charlotte’s Web” bill passed last session to legalize a non-euphoric strain of medical marijuana to treat patients with cancer and seizures. “If Crist wins, that’s when things get interesting.”
Republican Gov. Rick Scott opposes Amendment2. His surgeon general personally lobbied against the current low-THC cannabis law. Scott said Friday during the Telemundo governor’s debate that he would follow the law if Amendment2 passes.
Crist, the former GOP governor turned Democrat who works for Morgan’s law firm, supports the amendment but has said he will oppose any effort to legalize marijuana for recreational use.
Opponents of Amendment2 speculate that Morgan will take an active role in implementing the medical marijuana law and be ready to pounce with a lawsuit if legislators pass regulations he opposes. It’s a claim Morgan denies.
“I don’t think there would ever be a challenge from me because if they try to bastardize this, free enterprise will come in and take over,” he said. “It won’t be my fight anymore.”
For example, he said, the rule-making process now under way over low-THC cannabis has drawn four lawsuits — not from pro-marijuana groups, but growers represented by law firms headed up by prominent Republicans.
Sen. Jeff Clemens, D-Lake Worth, who tried unsuccessfully for four years to persuade legislators to pass a medical marijuana law, is optimistic Florida can write rules for a new cottage industry while protecting the public.
“It’s the legislative duty to take the will of the people and fashion it into a law that protects us against the unscrupulous,” he said. “And the only way proper regulations could fail would be if the Legislature and the executive branch do nothing.”
If Amendment2 fails, however, the debate will have given new fuel to the issue and marijuana will be on the legislative agenda for years to come, said Sen. Rob Bradley, R-Fleming Island, one of the sponsors of the low-THC bill.

“This issue is not going away,” he said. “The Legislature has a role to play in regulating medical marijuana.” http://www.miamiherald.com/news/local/community/miami-dade/article2689437.html
 

dddaver

Active member
Veteran
Yada, yada, yada. What IS that smell? Is that more of some of that there "fair and balanced"news reporting? I guess everybody should just not bother to vote then.

FL politics reminds me of those old Keystone Kops shows with all the idiots crowded together running back and forth banging into each other. They do things to a point where it gets just hilarious to watch, everyday, anything at all they do (or don't do is more the truth) .

So I just voted yes and they can do whatever there little hearts desire.

It DOES get fun after a while to just watch all the idiots that are in the state politics here.

Puff, puff, pass.
 

iBogart

Active member
Veteran
I've been bringing up this point in other forums since Morgan took over. My question is, why gather signatures for an initiative, then hand over all the governing over to the legislature if it passes? The voter hasn't got a clue what the legislature's gonna do with this amendment if 60% of the voters approve it. It's more symbolic then an actual working medical law since I have absolutely no faith in the Florida legislature doing anything to help the cause. But, for the sake of symbolism, I'm voting yes to send the message. We'll get it right eventually.
 

RetroGrow

Active member
Veteran
Kind of like the Patriot act,, or Obamacare. No one even read it before voting on it. They deliberately make laws that are ambiguous/unesessarily complicated, and filled with "gotchas" and "fine print". It keeps our lawyers and politicians driving Mercedes, and us in the dark. It's the American way.
 

dddaver

Active member
Veteran
http://www.examiner.com/article/no-...ers-if-florida-s-medical-marijuana-law-passes

^And this piece is the Examiner's take on that piece. :laughing: Just in case, ya know? ;-P. But they do end it with:

"It's difficult for this Examiner to see an equal choice here. To say "No" lacks compassion for real patients with real needs, and offers no credibility for the state agencies' ability to handle the regulation aspect of the bill. That's pretty sad."

Yes it is. But how exactly is that brilliant observation of FL politics any different than has been the case here for years I might ask? The answer is....NONE. Firm grasp of the obvious there though.

Just vote yes to help sick people. The hell with all their fucking petty shit.
 

Slim Pickens

Well-known member
Veteran


Mills and former state Sen. Alex Diaz de la Portilla, a Republican, headed up a bipartisan panel of law enforcement, medical and government experts who recently proposed 56 ideas — from doctor certification to treatment center access and product testing


Oh joy.This will be a breeze with law enforcement and politicians involved.

After they get through with it,you won't be able to legally own a gun or drive a car.....or probably even have children, and the only qualifying condition will be to only have a week to live.
 

Brot

Member
As a life long resident (54 years), I've watched cops on the take, prisons on the take, Governors on the take! You think a vote is going to change a thing? Do you really think that all the prisons they have lobbied for, and built will go UN filled! I beg not! That's the sheriffs cash cow! If the law was in effect, the cops could no longer seize all of your worldly possessions! Cash in a bank account, not now, it's the cops, new car, not now, it's the cops! New home, you guessed, it's the cops! They seize over 65% of there annuall budget! And they FORCAST THIS FIGURE FOR THE NEXT YEAR! Kinda gives them incentive! Then the cops that pull you on the interstate, find a joint, and ask how much cash do you have ! Happened to me! $500 later, I was driving away! Thanks Orlando, you fuck! They will make the law so sketchy, as to not interrupt the steady flow of cash and prisoners into our courts!the system is SO CORRUPT here in the south, only time will change this. Until the "Refer Madness" mindset, finally dies off, and the good ole boy system dead, this law will do nothing! im retiring soon, and moving to COLORADO! Fuck FLORIDA! Shit will never change! Not in my lifetime! Want to grow in peace, with out looking up, or over my shoulder. Maybe someday, but no time soon! FACT!
 

RonSmooth

Member
Veteran
Kind of like the Patriot act,, or Obamacare. No one even read it before voting on it. They deliberately make laws that are ambiguous/unesessarily complicated, and filled with "gotchas" and "fine print". It keeps our lawyers and politicians driving Mercedes, and us in the dark. It's the American way.

The Patriot Act and The Affordable Health Care Act = apples & oranges.

"Not having time" to read a law and vote on it is BS pollitical intellectual dishonesty. It was an attempt by congressional republicans to keep the bill from going to vote, where it would have passed.

And the opposite happened with the PA. It was forced through and anyone who questioned it was deemed unpatriotic.

It is their job to read the "fine print". They are making major decisions that affect millions of people and yet they make it seem as if its the other party's fault for giving them such tough material. And they have to read it all? Awwwww
 

RetroGrow

Active member
Veteran
It's Florida. Land of the stupid. A cluster fuck is to be expected. Remember the hanging chads? If the bill passes. we are going to be the ones left hanging.
Note to Tudo: I enjoy your posts. The giant print, however, is unnecessary. It actually makes it harder to read. Hurts my eyes. Giant print isn't necessary to make your point. It's like typing in all caps, only louder.
Just sayin......not trying to be critical.
 

stoned-trout

if it smells like fish
Veteran
when you can go to a pain clinic and load up on pills,,having weed an option might be better...lol used to have friends that did pill shopping ..they could get like 4 scripts or more each and every day...with all them old folks living /visiting theres no shortage...pothead over pillheads any day....lol
 

dddaver

Active member
Veteran
Despite all the blustering and bullshit of FL politics, I still say look in your heart, and of course vote yes.

The politicos can and will forever be full of shit here, but that doesn't by any means say you shouldn't do the right thing. That all just detracts from the real issue.

That said, I have been searching, but as far as I can find(http://marijuana.heraldtribune.com/...ade-group-sues-state-medical-marijuana-rules/) , in September some legal scumbags put up a legal hurdle (injunction) and still as of today not one sick kid, or anybody in FL, ever got any legal Charlotte's Web. And after all, isn't that what all that crap was all about last April, 6 months ago?

If anyone can find any relevant contradictory story, please post the link, I'd really appreciate it.
 

RetroGrow

Active member
Veteran
when you can go to a pain clinic and load up on pills,,having weed an option might be better...lol used to have friends that did pill shopping ..they could get like 4 scripts or more each and every day...with all them old folks living /visiting theres no shortage...pothead over pillheads any day....lol

They are cracking down on the pill doctors now. I too knew someone who would take people to pain clinics, 4 at a time, and each "patient" would get 180 oxycontin. Now, I just got a letter from CVS, informing that the refill I had for vicodin is no longer good as of Oct. 6. New law requires doctor visit for each prescription, and no refills are allowed. Sucks, because now I have to go to the doctor every few weeks for a simple prescription. Doctor can't call it in anymore.
 

Tudo

Troublemaker
Moderator
ICMag Donor
Veteran
This is what Floridians have to deal with

1) They would not allow the 3rd party candidate in the debates, Adrian Wylie who has great ideas and a double digit following.

2) Here's who Floridians will follow:

Rick Scott Refuses to Debate Charlie Crist over Small Fan
https://www.youtube.com/watch?v=TAdrian WyllieUZHhVyYkP0

https://www.youtube.com/watch?v=TAdrian WyllieUZHhVyYkP0

Rick Scott Explains Why He Delayed Debate Over Crist's Fan, CSPAN, 10/15/14
https://www.youtube.com/watch?v=KQceruEiRnQ

https://www.youtube.com/watch?v=KQceruEiRnQ


Does it get more pathetical or corrupt anywhere else ?
 
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dddaver

Active member
Veteran
I just couldn't believe the gall and stupidity when I read the head debate moderator ran Jeb Bush's campaign. Like no one would ever find that little fact out? That it had biased political undertone's? That was why nobody else was allowed in the debate or at least a HUGE contributing factor.

Fan's are now electronic devices? They really do assume people are as stupid as THEY obviously are. I personally find that attitude insulting. I'm sure I'm not alone in feeling that way.
 

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