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Judge Gievers' Decision on Smokable Pot Is Going up in Smoke

June 7, 2018 - 11:00am

Let’s put 2nd Judicial Circuit Judge Karen Gievers' recent decision in a proper perspective, in that she ruled smokable medical marijuana in a “private place” is allowed by the plain language of Amendment 2, which is now -- unfortunately for you and us -- ensconced in our state Constitution.

To read mainstream reporters and even Peter Schorsch’s Last Call Tuesday evening, it seems everyone believes Judge Gievers' decision, as Peter put it, “will be the law of the land starting Monday.”

Wait a minute, buckaroo.

The likelihood of her ruling being sustained by the Frist District Court of Appeal is about as likely as Kim Jong Un agreeing to denuclearization.

It ain’t going to happen.

Judge Gievers has been overturned by the DCA only about 80 percent of the time.

Judge Gievers' original stay, which was appealed by the plaintiffs, was immediately overturned by the appellate court.

Judge Karen Gievers
Judge Karen Gievers

So, trust me when I say that the First DCA is going to overrule her lifting of the stay. Come Monday, current law will rule the day, and thank God.

Judge Gievers, who philosophically is left of Karl Marx, issues decisions not worth the paper they’re written on, and she knows it.

The fact she would allege that the defendants -- the state -- would have “no likelihood of success” is laughable on its face, as the judge can’t even get her legal opinions consistently ratified by the court, much less her ability to prognosticate.

The joke is really on all of those proponents who believed John Morgan and Jon Mills, the co-authors of the amendment language, that their intent was, by disallowing smoking of medical marijuana in public, it automatically would allow smoking in the privacy of one’s home.

Mr. Mills may be a noted constitutional lawyer, but he’s going to lose this one -- again -- at both the appellate level and ultimately with the Supremes.

That’s because, even as a non-lawyer, I know an author of a law or an amendment has to stand behind the words as written, not as authors meant to say.

As I’ve said repeatedly, if Morgan-Mills wanted to make smoking of medical marijuana legal, then they could easily have written it so.

But they didn’t.

And they didn’t for a reason.

The amendment would have lost at the ballot box.

So, Mr. Morgan, quit trying to bully the governor into backing down on his principled position on this very controversial issue, when you did everything to obfuscate your true intent from the beginning.

You want to have your cake and eat it too.

Yes, you and Mr. Mills were too smart by half.

When the authors of an amendment can’t even spell out in plain English what they want their amendment to do, something is very wrong. 

With the authors.

The amendment is self-executing?  No, take a toke.

The amendment says you can grow your own stash?  No, take a toke.

The lack of clarity in the amendment language will bring irreparable harm to the plaintiffs and only Judge Gievers has the sense to make it right?  Nope, take another toke.

In fact, take two tokes.  Get high. Go ahead, you deserve it.

Because you guys are in fantasyland.

This isn’t about the need for medical marijuana for the plaintiffs.  Because they can get it now, just not in the way they want it.

You want them to be able to get the good shit, and then you want them to be able to smoke it.

I’ve never seen a more pitiful excuse for lawyering than the two lawsuits on growing and smoking. 

And to think Mr. Morgan wants to legalize marijuana.

May I respectfully suggest that y’all might want to have some really smart lawyers draft that language, because you two bumbling fools can’t even shoot straight.

If only y’all had written it correctly the second time, you wouldn’t have to be begging the courts to fix your sloppy work.

Sure, you can get a leftie like Judge Grievers to agree, but you’re not going to win on appeal, which is exactly why you’re asking the governor to change his stance.

Well, good luck on that.

As for the Supremes, you’re not going to get there anytime soon.  And by the time you do, the Court’s make-up is going to be decidedly different, and you’re going to lose there as well.

That’s why this whole effort by special interests of trying to amend our sacred governing document has become so ludicrous.

If it’s not you, it’s the greenies arguing that their environmental constitutional amendment doesn’t provide for septic tank replacements, or for salaries of officials to make sure the work of government is efficacious.

To amend the Constitution is fraught with many unintended consequences.

That’s why we have a legislature and legislators, because if they don’t get it right the first time, they can come back and easily fix it the next session.

But when you’re playing with the Constitution, you have to go back to the people all over again to fix your mistakes, or in your case, the subterfuge that you hoped to foist on the people of our state.

Mr. Morgan, you are indeed very quotable.

But, if you think the election of our next U.S. senator is going to hinge on the outcome of smokable or growable pot, well, sit down, and take a big toke.

It’s not going to ever come down to that.


Barney Bishop III is a well-known lobbyist in Tallahassee.  He’s a conservative Democrat who doesn’t believe that medical marijuana should have ever been put in the Constitution.



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The United States constitution doesn't give the government permission to prohibit anything unless it is expressly forbidden by the constitution its self. See the prohibition of alcohol and its repeal? Smoke it if you got it regardless of what anyone thinks.

I like how my comment on the issue was deleted. You write like an angry 16 year old listening to Eminem in their parents basement...full of angst, name calling, and profanity. Let US PATIENTS fight for what we originally voted for. Focus on the druggies that get shipped to our (once) beautiful south Florida because they need a sober living environment. They overdose and die constantly, they relapse time and time again, the facilities just collect their parents insurance and life savings, and then they're out on the streets pacing back and forth, asking everyone for money, to use their phones, and when they don't get their fix, they tend to use criminal tactics to achieve their glorious goal of acquiring their next dope fix. NONE OF THESE PEOPLE ARE HERE BECAUSE OF MARIJUANA! There is a bigger problem that you'd rather ignore. I guarantee you that your own family members, neighbors, life long friends, etc use marijuana, and they even use it ILLEGALLY AS IN THEY ARE NOT A MEDICAL PATIENT IN THIS STATE. We the patients, will win this smokeable ban, and I can't wait to see your reaction. Cue the Barney music

If they overrule Gievers, they must not understand law. It says “no smoking in public”. It’d be like no public nudity, sex,drinking, or peeing & pooping in public law means you can’t do it in private either. If they overrule this, we’ll know why, they haven’t had sex or pooped in years & are full of ****! Vote them out!

I still cannot find that such a decision was made, I am starting to think that Barney is making it all up.

The First DCA just issued a stay of the order by Judge Gievers "lifting the stay" on the state's request to not allow smokable pot...this proves me correct and I predict that the First DCA will ultimately rule that Judge Gievers is WRONG and the issue will be decided at that appellate level...of course, the plaintiffs will then appeal to the Supreme's but look at my suggestion that that will be for naught as well!...

Remember Newton’s third law! The reaction will be at the polls, the people have spoken in 2016! Scott’s actions will have a reaction on Election Day! The polls may not show it, but it’ll happen!

Really? Could you provide a link. I could not find such a decision.

The world will be a better place when this slimeball expires...

Legalize it and take the money and run.

...and you common-sense thinkers thought this "issue" was ONLY about "medical" marijuana ALL this time... SEE HOW WRONG YOU WERE??? SEE WHAT THEY REALLY WANT??? (All Y'all better be very careful crossing the streets if "THEY" get "THEIR WAY" !... Un-controlled mayhem in YOUR neighborhoods...)

Ol'e doom and gloom lock em up cb is at it again. Are you sure cb you are not some alter ego of Barney, because you both are spouting the same backwards non sense. Yes sir the laws are a changing, best get with the new program. There was a saying long ago that said if you do not like the law then change it, you see when an overwhelming number of voters said "YES" it means Yes.

While some of you folks are their 3rd martini, Gardner said at the press conference that he spoke to President Trump about marijuana on Thursday morning and that he remains supportive of an approach that respects state laws. “We can’t go backwards. We can only go forwards,” the president said, according to Gardner. Warren told the Boston Globe that Senate Majority Leader Mitch McConnell (R-KY) “has pledged to allow a vote on the bill.” She added that that it was Sessions’s move to rescind the Obama-era guidance that spurred lawmakers to work across the aisle to find a solution to enact statutory protections for local cannabis policies. “Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” Warren said in a press release. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

Barney needs to give up marijuana, stop worrying so much about that weed.

Barney Bishop is an idiot, and anyone that listens to him is an idiot too... It is clear what was intended and would have passed in a landslide because everyone thought that was what was intended. I did, mom did, cousins did, neighbors did, you get the point. The only, and I repeat, ONLY reason her ruling would be overturned is if, (and I hate to say it because it goes against our entire system of separation of powers) it is overturned because of partisan appointments and partisan politics, period.

Why would anyone fight against people smoking marijuana in the privacy of their own homes anyway, especially if it is legal for them to use marijuana? The high lasts a whole lot longer if people eat it. It doesn't come on nearly as fast, so it won't help with much with someone who suffers bouts of nausea several times a day. It lasts a while lot longer though and if people conume too much they're going to suffer a miserable debilitating high for hours and hours and hours. Titration is more difficult with edibles. Why would this old buffoon want people being stoned longer? These people just cannot stop doing more harm than good. It's a sickness these sore losers have.

This smarmy old fool knows good and well the intent of this law and what the voters wanted. These stinky old codgers just want to be difficult. They have one foot in the grave though and can't stop the inevitable. Marijuana will be legal in Florida. It will be legal in the United States, and it's going to be a good thing for this country.

Barney Bishop clearly isn't smoking pot. After reading this, I'm convinced that he's smoking crack.

Barney Bishop clearly isn't smoking pot. After reading this, I'm convinced that he's smoking crack.

Refusing to allow Patients to choose how they medicate is an intrusion into Patients lives That's a decision that belongs between a Doctor and Patient. A2 clearly said not in public, with the implied freedom to do so in private. Let's look at it another way. Florida law says that a citizen can't carry in public without a permit. It doesn't say you can carry it around your home and property. Would anybody accept that? Or do you believe you have an Constitutional right respective of the bare statement of law? Scott and Bondi need to quit using our tax dollars to fight against Medical Cannabis. Barney just go away.

Bishop you lying slimball go crawl back under that rock you crawled out from under of...…….The VOTERS clearly wanted this to pass by a wide majority and it did. …………...Fact is alcohol is 10x worst than pot causing violence, murder and poisoning deaths...……….. Vs no poisoning from pot deaths...…………… Many people taking or addicted to opioids would be far better off using pot instead, cutting many deaths...………..But you'd rather jail everyone and cause people to die than admit you are completely wrong and a scumbag of the first degree for it...…….And God has a certain place in hell for people like you, Sembler for the pain, deaths you both have caused...…...And in Sembler's case, torture and rape he paid for and refused to stop in his Straight fiasco in the name of anti drug, which was and still is, anti people in reality...……....

Looks like "Witch Doctors" are still in the business of "shrinking heads":.... (at least from the views of the commenters here,...and the "half baked" judicial opinion...)

Mr. Bishop, We speak of special interests, but it is only “special” with regard to the opposing party. We have established that cannabis is medicine. GW Pharmaceuticals will soon have their CBD whole plant oil approved by the FDA at the end of this month. A lower committee has already voted for approval of their oil as it cuts seizures by over 50%. At question is access to the plant. There is no reason for the plant and its accompanied flower to NOT be accessible by patients. I suspect Mel Sembler and Kevin Sabet as part of their continued obstruction of medical marijuana has commissioned you to write this article. I get it. You are lobbyist and are paid to lobby. No harm, no foul, but in your heart you know this is medicine. The pharmaceutical firms know that cannabis is medicine, and are synthetically reproducing the cannabinoids, so they can patent the medicine, and protect their profits. Cannabis has always been seen as the peoples medicine, and has been used around the world for thousands of years. I suspect when you are Governor Scott holding thousands of shares in a drug testing company, or Mel Sembler having profited to the tune of $95 million in government mandatory drug classes then money is a motivating factor to continue the drug war. Sadly, all the opposition must hold onto is fear, stigma, and name calling.

Well said Bill. Barney is a bought and paid for mouthpiece for the prohibitionists. Scott and Bondi need to get using our tax dollars to fight against Medical Cannabis.

Any thing other than complete legalization is a strike against personal liberty. Shame on anyone who is against personal liberty.

Mr. Bishop: While millions of Floridians see cannabis as vital therapy for our loved ones suffering from debilitating illnesses, you seem content with holding the line with the Prohibitionists. The method of ingestion for cannabis should have always resided between the patient and doctor. Not you, not the Governor, not the Florida Legislature. When people suffer because of draconian laws that serve no purpose but to keep Jim Crow era laws on the books and drive mass incarceration, you and your likeminded colleagues are complicit in the that suffering. I pray you never have to watch a loved one slip away knowing that their is a remedy out there, yet men like yourself wish to keep it out of reach for your own political agenda. This is why we must elect new legislators that will not be beholden to you and your colleagues. It is time to end the 80 years of cannabis prohibition and devote our law enforcement resources to violent crimes. -Christopher Cano

very well said

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