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Politics

'Will of the Voters' Be Done: DeSantis Signs Medical Marijuana Bill

March 19, 2019 - 9:00am
Ron DeSantis
Ron DeSantis
Patients who get medical marijuana from their doctors will be able to smoke it legally, under a bill Gov. Ron DeSantis signed into law Monday.
 
DeSantis signed SB 182 “Medical Use of Marijuana” (Ch. 2019-1 SB 182, Laws of Florida). Additionally, he filed a joint motion to dismiss People United for Medical Marijuana v. Department of Health and to vacate the lower court decision which had held the prior law to be unconstitutional.
 
Though more than 70 percent of voters approved a constitutional amendment legalizing medical marijuana in 2016, the Legislature passed a bill a year later that banned it in smokable forms.
 
Enter Orlando attorney John Morgan, who self-financed most of the push to put the measure on the ballot in the first place. He filed suit, saying the intent of the amendment allowed for smokable marijuana. A lower court agreed, but Gov. Rick Scott, DeSantis’ predecessor, appealed the ruling in 2018.
 
In January the governor called on his colleagues in the Legislature to bring forward a legislative solution to medical marijuana, to allow smoking as a method of consumption by qualified patients.
 
“... I thank my colleagues in the Legislature for working with me to ensure the will of the voters is upheld. Now that we have honored our duty to find a legislative solution, I have honored my commitment and filed a joint motion to dismiss the state’s appeal and to vacate the lower court decision which had held the prior law to be unconstitutional.”
 
  • A copy of the Transmittal Letter for Ch. 2019-1 SB 182 can be found HERE.
  • A copy of the bill signed by DeSantis for Ch. 2019-1 SB 182 can be found HERE.
  • A copy of the Governor’s motion to dismiss the state’s appeal and to vacate the lower court decision can be found HERE.
Attorney Morgan reacted in an email to the Orlando Sentinel. “It means the will of the people has been heard,” Morgan wrote. “For the sick and injured [it means] an alternative to opioids and pharmaceutical poison. Taken all together it means hope, safe wellness and victory for the people. My job is now done.”
 
“We appreciate and commend the Legislature and Governor DeSantis for repealing the ban on smokable whole-flower cannabis," replied Kim Rivers, CEO of Trulieve, a medical marijuana dispensary. "We stand ready to meet the needs of patients whose doctors order smokable products and are confident that the Department of Health is moving with all due haste. Trulieve looks forward to selling safe smokable flower to our patients.”
 
Secretary of Agriculture and Consumer Services Nikki Fried, who based much of her 2018 winning campaign on her promotion of medical marijuana, was among the first to issue a post-bill signing statement.
 
“Today is a landmark victory for patients across Florida and for our democracy," she wrote. "It’s a triumph owed to the relentless advocacy of Floridians who refused to be silenced. Our state must not disregard the voice of its people -- when the people’s will is nullified by those with authority, liberty cannot survive
 
"Patients should be able to access medicine in the form their doctor determines best for them. Whether it’s smoking medical marijuana or other delivery mechanisms, treatment decisions should be made by physicians, not politicians.”

Comments

I will never stop chuckling about Republicans promoting the smoking of pot! All the senior Hippies, Yippies, and Flower Power Children must be getting a good laugh over it!

Kind of like the way the Democrat party promotes abortion.

The Camel says, "Sniff, sniff, I think I will be 'right at home' in this tent; move over, and bring on the next phase..!" (The "unintended consequence",...WHICH corners will the Camel deficate in???

Now onto full recreational legalization...Let's make Florida the next big state to score a bullseye against violent drug cartels. >>>https://www.regulateflorida.com/printpetition/-------Regulate Florida--------Like alcohol, cannabis has been consumed and enjoyed for thousands of years. Since 2014, states like Colorado, Washington and now several others have proven that regulated use for adults over 21 is a far better solution than needlessly wasting valuable law enforcement resources.>>>>>>>So what are we waiting for and what will regulating cannabis do for Florida? Cannabis legalization for adults will significantly increase tourism It will provide a massive boost to the economy Thousands of new jobs will be created It will ease the workload on law enforcement professionals Sales tax from lawfully sold cannabis will provide huge new financial resources to the state Underage use of marijuana will decrease once the black market is weakened Well-regulated new industries and new products will become legally available for adults over 21------This is the time

It's not going to just happen, someone needs to do it and there are only two options - legislatively or ballot measure. If it's a ballot measure, who's got something going? Who is going to do it?

This is the link to the CONSTITUTIONAL AMENDMENT PETITION FORM https://regulateflorida.com/petition/petition.pdf>>> let's get this on the ballot.>>>>https://volunteers.regulateflorida.com/>>>Sign The Petition>>>Michael Minardi wants to Regulate Marijuana in Florida>>>https://www.regulateflorida.com/about/>>>

This needs a big name (with money) behind it. I see a photo of John Morgan on the front page of the website you linked to. However, in the above story he said "My job is now done". I'm reasonably certain that means he's not going to be involved in a 2020 ballot measure. Moreover, Jeff Brandes (the Republican Senator that sponsored the just signed legislation) said "I think the likelihood that it passes is pretty good in 2022 or 2024, and we should prepare for its passage". That strongly suggests that everyone capable of carrying the torch is going to sit low for the next election. So 2020 is probably dead. https://wtkr.com/2019/03/19/two-years-after-voters-approved-it-florida-legalizes-smoking-medical-marijuana/

You might be right, yet I have hope, there is a lot of things happening, at the federal level, and there is the UN with their latest announcement on drug policies, from what has been leaked it sounds like they want to get rid of the old worn out failed policies of interdiction and replace it with a health based system. Who knows, maybe some of the gelded southern donkey's might wake up and make the changes legislatively, thus showing that they are more a person ready to embrace the future of Florida, than continue with that Dixie two step shuffle. I have hope.

I'm convinced that recreational will happen on both the Federal and State levels - it's just a matter of time. However, the state is where it seems to be most important - at least right now. If it's legal federally, but prohibited at the state level, then it's still prohibited. Apparently, the reverse is not (exactly) true - with exceptions. But also, it's the states that are leading the way. Without their lead, the feds probably wouldn't budge.

I read somewhere that there is legislation that is working its way at the federal level that will punish states that continue the prohibition, that comes out to a lot of federal dollars.

Now that's interesting. I don't think it will have a chance of passing without recreational first having been legal at the federal level for some reasonable amount of time. And even then, I have my doubts. Once it finally gets legalized at the federal level, most of the remaining states will fall in line quickly. But I gotta say, it'll be a major time warp when we're lighting up at a social event one day without a concern for whether there might be a cop around - all due respects to cops.

Just think, March 22, 1933 was the year that alcohol prohibition was repealed in the US, it happened very quickly throughout the states and there was much celebration. Today, federal law makes it legal to drink beer and wine made at home for personal and family use only. But you can’t distill spirits — hard liquor like whiskey or moonshine – at home. Stills are still illegal, a potential felony crime.>>>http://prohibition.themobmuseum.org/the-history/the-end-of-prohibition/repeal-of-prohibition/>>>>>https://en.wikipedia.org/wiki/Repeal_of_Prohibition_in_the_United_States>>>> #Meanwhile, less than two weeks after taking office, Roosevelt was hosting a dinner at the White House when he remarked to guests, “This would be a good time for a beer.”

Take a look at this:United NationsE/CN.7/2019/L.10Economic and Social CouncilDistr.: Limited27 February 2019Original: EnglishV.19-01163 (E)*1901163*Commission on Narcotic DrugsSixty-second sessionVienna, 14–22 March 2019Item 9 (a) of the provisional agenda*Implementation of the international drug control treaties: changes in the scope of control of substancesDraft decision submitted by the ChairChanges in the scope of control of substances: proposed scheduling recommendations by the World Health Organization on cannabis and cannabis-related substances The Commission on Narcotic Drugs decidesto postpone the voting on the recommendations of the World Health Organization regarding the critical review of cannabis and cannabis-related substances, which were transmitted to the Secretary-General after the three-month period established pursuant to Commission resolution 2 (S-VII) of 8 February 1982, entitled “Procedure to be followed by the Commission on Narcotic Drugs in matters of scheduling of narcotic drugs and psychotropic substances”,--- in order to provide States with more time to consider the recommendations.--- https://undocs.org/E/CN.7/2019/L.10

Morgan: "My job is now done". Does that mean you will not follow through with your previously stated plans to get recreational on a 2020 ballot measure?

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