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Politics

'Restrictive' Medical Marijuana Proposal Headed to House Floor

April 24, 2017 - 5:15pm

A proposal to regulate Florida’s medical marijuana industry passed through its final committee stop Monday is now headed to the House floor, and it seems the measure only gets more and more restrictive as the weeks pass by. 

The House Committee on Health and Human Services passed the proposal, HB 1397, sponsored by Rep. Ray Rodrigues, R-Estero, by a vote of 14-4.

Pro-medical marijuana activists see the measure as a big step in the wrong direction for regulating medical cannabis in the Sunshine State and have routinely criticized the House proposal to regulate the state's booming medical marijuana industry. Meanwhile, anti-drug groups have thrown their weight into the measure, saying tight restrictions are necessary to prevent widespread abuse of the state's newest prescription drug.

The bill would create many limitations on medical pot in Florida and has been criticized by patients and advocates for being far too rigid to provide relief to so many suffering Floridians.

Not only would smokable cannabis be banned, but patients would also be barred from buying more than a 90-day supply of marijuana, edibles would be off-limits and “vaping” would only be allowed for terminal patients. 

A new proposed committee substitute on the bill would stuff even more restrictions into the proposal, banning patients from consuming medical marijuana from devices not purchased at medical marijuana treatment centers (MMTCs) and prohibiting the use of medical marijuana by pregnant women, even if it was recommended by their doctor.

Banning pregnant women from ingesting medical marijuana has been a top priority for the Drug Free America Foundation, an anti-drug group which has praised Rodrigues’ bill as a necessary measure to regulate medical pot in the Sunshine State.

DFAF, backed by Republican mega-donor Mel Sembler, made headlines in 2014 and in 2016 for trying to squash Amendment 2 to legalize medical marijuana. 

The group was successful in 2014 but failed to kill off the constitutional amendment last year. An overwhelming majority -- 71 percent -- of voters approved Amendment 2 last fall.

Now Drug Free America is back to make sure Florida doesn’t fall victim to the widespread “abuse” the group says runs rampant in places where medical marijuana is legal, like Oregon and Colorado.

Both states have legalized medical marijuana and recreational marijuana. Florida has only legalized medical marijuana for patients suffering "debilitating" conditions like HIV/AIDS, PTSD and forms of epilepsy.

Critics of Rodrigues’ proposal say they can't get onboard with the measure as it continues to distance itself from the Senate bill, SB 406, which they see as a much more amenable way to implement medical marijuana in Florida.

“I cannot support HB 1397 in any form,” said Florida For Care executive director Ben Pollara, one of the leaders in passing Amendment 2. “Negotiations are moving this bill even further from the Senate bill.”

Supporters of the bill say tight restrictions are necessary to make sure the implementation is done safely.

"If we are going to have medical marijuana, we need to have safeguards,” said Rep. Gayle Harrell, R-Stuart, who voted in favor of the bill. 

It appears Rodrigues and state reps could budge on some parts of the bill, however. Rodrigues said last week that vaping and edible marijuana would be up for negotiation with the Senate, leaving open the possibility of changing the bill at the last-minute to reach an agreement on medical marijuana.

Meanwhile, supporters of the measure say they have fears about the Senate’s version of the bill.

“We don’t want it to turn into a free for all where anybody that wants marijuana can get marijuana,” DFAF executive director Calvina Fay told Sunshine State News. “We don’t want it so broadly implemented that anybody and everybody can get it. We want to see it implemented in a tightly restricted responsible manner where it’s treated like a medicine rather than a recreational drug.”

The bill now heads to the Florida House floor for approval.

 

 

Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.

 

Comments

As i read the comments left on here it is ever increasingly clear that if your a politician, you think that you thave the right to speak for me, make decisions for me, be my concous, take my god given... notice i didnt say political given ....rights from me. Who died and left all of you making the cecisions for all of us in charge ? Trust me when i say, i will not give up my rights . Prop 2 passed...and isnt it ironic the people who know little to nothing about medical or any form of marijuana are making and deciding what is best for you and i? I came from a state where i held a medical marijuana card. I grew my own medicine. Then i moved herd to Florida which bitches about the pill problem Pam Bondi, and a major solution is medical marijuana. But since i cant grow my own im forced to take pills again, but then im told Florida has an opild problem you have to go to a pain clinic by the way everyone there was stoned... so what would you have me do to treat my pain? From what you ask? Well lets start with ive had cancer not once but twice, and more recently i have 5mm nodules on both lungs. I have stage 3 kidney disease, high blood pressure , i suffer from a closed head brain injury, i have ataxia, i have had 6 surgeries on my right leg, most recently total knee replacement, with horrible results, fused spine with plate and screws in my neck and i could go on and on..... any way, i took many many classes of medical marijuana and was certified in 8 programs from budtender to everything between. But you my dearest politican want to become my drug dealer.... you want to grow it for me , charge me astronomically high $$$$ so as to make sure if i cant afford it i cant abuse it.....stupid isnt it? But as long so you the state of florida prospers from my "bad habbit' youll look the other way. Govenor Scott, you seem like a relatively smart man. I am very confident that you have the ability to stop this government be all end all mentality. I get that Florida has a pill problem, i do but, if you dont help stop all this nonsence i have no choice but to continue to take pills for my medical conditions. Do you really want to give all the power to a handful of dispensaries? If i am capable of growing my own medicine i am the person responsible if it is grown wrong . If you ease the constraints and allow private growing for patients like myself, your drug problem with pill use will drop dramatically. I cant afford my medications now, so how am i going to afford your state pricing on something i am capable og growing myself, or is that the actual issue..... you want the money for the sale , if anyone should profit by illegal drugs it should be the government. How is it that your pill problem here that claims to be so bad, will be ok with me using pot as long as you the state of Florida sell it to me? Govenor Scott this is my third time ive been told i may have cancer again, why cant you put aside what you think you know about medical marijuana and help us, the people who do know how important this medicine is to peolle like me. I dont want to take pills, i cant smoke due to my lungs being compromised, so since i cant grow my own medicine, what am i to do? The state of Florida seems to be speaking for me even though i can speak fo myself.... so tell me what am i to do? What decision have you made for me? I am waiting.....

This bill, the 29% bill, so nicknamed for the minority of voters who disapprove of marijuana as medicine is a farce. It looks to me as though a vibrant black market will continue to operate in Florida as a result of the legislature ignoring the will of the 71% of voters. If black market users are caught and face the law they should use a medical affirmative defense take their case to the Florida Supreme Court which should declare any law that prohibits smoking, vaping and all of the other bogus restrictions unconstitutional. But I will not be here to see that because I'm moving to Oregon this summer where marijuana policy is light years ahead of Florida. I won't even need a medical recommendation because the voters in Oregon voted to approve recreational marijuana for adults in 2014.

If you really want to totally ruin a good thing get the government involved.

So, The House says no edibles or vaping, and The Senate says no smoking. Anyone else kinda feel like we're being told to take our MMJ and stick it up our asses?

I'm seriously over this right now. If I'm sick, dying, in pain, newsflash...I'm not waiting 90 freaking days for some herb. What a bunch of total sellouts! Then, on top of that, they want to keep the price high by not letting the free market to actually flourish & have producers compete with each other. No edibles?! What is this 1923? We need to make phone calls I'm looking into this. I can't take these people anymore.

Well written: reminds me of Florida politicians rang similar bells when to drink of beer back from 18 to 21; the result was to make all FL beer sold to be reduced in Alcoholic content of 3.2% from 5%. How did the beer producers get around the decrease min Alcohol. The brewing concept of ICE beer exception. Now you can buy crafted beers with Alcohol as high as 24%.

Time to rise up and get rid these corrupt people

I agree with Bob. Lets get behind Frank Artiles to replace Bill Nelson. Can't get in trouble shooting your mouth off In the Senate. Can't get fired for political whims. Maybe what we need is an ex Marine that will call a spade a spade. I think most of us have had enough political correctness.

These prohibitionist are guilty of sedition to the Florida CONSTITUTION.

I applaud Representative Ray Rodrigues for his brave actions and Representative James Grant for funding. The funds Drug Free Florida receives will be used to educate the public that pot is not medicine.

Are you not the same Sembler family who is known for abusing children in your make your kids act right program? your reported and your big money donations keep the law off your back. You and your wife are Republican candidates little darlings. Run this guys name yall, he has left children across our state with PTSD carried into adult life from their physically and mentally abusive program. MARIJUANNA IS GOOD MEDICINE, NATURAL MEDICINE. If you get cancer your going to want it too.

You really don't have a clue. Have you read the research? Have you gone onto the NDI site there they expound the benefits of marijuana. You need to move out of the 1930's and do your home work before you make false statements.

So you are a member of the "Head Permanently Up Ass" club that still believes the "Reefer Madness" to "Just Say No" propaganda. Maybe YOU can answer this for me since I've never gotten a reply from anyone I've ever posed it to: Whether you believe in Evolution or a Divine Creator, the human body comes equipped with SPECIFIC cannabinoid receptors that utilize the various beneficial constituent parts of the (whole) cannabis plant for healing, detoxifying, and fighting cancer cell development, just to name a few (please research this for yourself). Question: Why would we have this endocannabinoid system from birth if not to use the medicine provided?

To further your argument, ALL mammals have an endocannabinoid system. It seems that mammals have evolved alongside cannabis for thousands of years OR God put it here for our benefit (If you believe in that b.s.). The endocannabinoid system has been shown to have a homeostatic role by controlling several metabolic functions, such as energy storage and nutrient transport. It also boosts and helps regulate the mammalian immune system.

I used to work for a fast casual restaurant for11 yr as the general manager and the store was my baby corp never bothered me and I always produced for them, in the beginning I was able to keep my Epilepsy under control with the thousands of meds I was taking. Towards I was having seizures in public and being caught on video, my assistant managers long time employees contacted corporate office and I was forced to retire on SSD as well as other monthly insurance coverage, a golden parachute. Now my parachute is going away and I forgot to tell you my store closed down 1 year after I was gone but I have to pass by it every time I go see one of my 4 doctors one of who just approved me for medical marijuana . long story short every time I go see my doctor I see my old store draped in black with a for rent sing on it. Don't take my medical marijuana away I need some thing to cope .

Follow the money. Not just a disgrace but a comic farce. If the feds (who have a large role to play here - had simply decriminalized pot it would have - 1. Made pot essentially worthless. 2. Eliminated the vast majority of the drug smuggling on the border. By the same token that slots and sots are the backbone of the casino industry, pot is the bread and butter of the cartels. 3. Dramatically reduced incarceration of, for the most part, poor people. 4. Forced the police to spend more time at Dunkin Donuts, their natural habitat. For the past 50 years Florida has imported more illegal drugs than any state but California. There has not been a town In the state big enough to support one traffic light and a convenience store that someone could not have gotten you a bag of weed in an hour or so. As usual, Florida is bringing up the rear in the sanity department. The big news here is that they did run Artiles out of office for having a few drinks and shooing his mouth off. Showed how much we care. Never mind that he spoke the truth. We should probably elect him to replace Nelson.

Something is rotten in Tallahassee. I hope people are keeping track of those legislators who participating in this disgrace. Remember in November with your vote. 71%

Oh yes I am watching the votes very carefully.

Neither bill is acceptable. Nothing less than the Brandes bill is acceptable and that as a beginning not an end. Every Lawmaker involved is violating the Constitution and should be voted out. When the losers begin dictating the terms and conditions, honor and due diligence has left the building. Anything that doesn't allow a Doctor and Patient to decide what is used and how it is used is contrary to A2 and the Florida Constitution. And these blivets will use taxpayers money to defend their unconstitutional law. Vote the bums out.

This isn't what Florida citizens voted for. They voted for medical marijuana, not near beer marijuana. Time to advise those in Florida's legislation that come election day they will be headed out the door for not addressing the voters with the voters will.

I am praying that our elected officials get cancer. I'm not joking. They have heardened their hearts, and the only way they will turn away from this sin is to be afflicted with cancer and be forced to use marijuana themselves. If you are reading, and you were elected to serve as a lawmaker in Florida, then I just want you to know that I am praying for your sickness. For you to have pain. For you to have disease that limits you and makes you curse your own existence. Only then, will you discover like George Wallace, just how evil you are.

When we look back on how we started providing relief to people who need it and started focusing on controlling the opioid epedemic- the names of these people, Rodrigues, Sembles, and Fay will go down on the wrong side of history. Making these incredibly restrictions are completly against thw will of the voters. Find you House representative. Find your Senate representative. Tell them how you feel. It takes five minutes. I'll be contacting the offices of JW Grant and Dana Young tonight.

The mentioned House Bill finally proves there's no one at home! Time to clean the House!

Marijuana is the safest psychoactive substance on Earth. Recreational usage should be legal. I can and will intellectually destroy anyone who disagrees. I will make you look like a clown. These politicians have zero medical background or scientific training. What credentials do they have which makes them think they know more than the American medical association?

Marijuana is the safest psychoactive substance on Earth. Recreational usage should be legal. I can and will intellectually destroy anyone who disagrees. I will make you look like a clown. These politicians have zero medical background or scientific training. What credentials do they have which makes them think they know more than the American medical association?

None have any "credentials" which is why they're in Tallahassee! Anyone with true credentials can earn their own way, unlike most of the clowns in Tally!

71% of people voted on something compatable with the facts. Opposition is taking a reckless disregard to the scientific facts. I will pay 1 million dollars to anyone who can scientifically justify the schedule 1 classification and illegality.

Pay to play is the name of the game and the criminal Sember, look up his history, knows how the play the game. Bribery and corruption is Sember's MO and he has brought the loyalty of his lap dog Rodrigues’. It doesn't matter how many voted for amendment 2, 71%, Sember, Fay and DFAF knew who to pay off and when to pull the trigger. Florida republicans should run in the opposite direction from Rodrigues’, just being associated with him will cost your integrity and the next election. As a republican for over 40 years I say enough is enough I will oppose all republicans that vote with Rodrigues’. Republicans use to stand for something now they have lost all integrity to the all might buck. You can disguise the money as donation but we the people know exactly what it is BRIBERY. Rodrigues’ you should be investigated, prosecuted and convicted of political bribery. Oh by the way where is our esteem AG Bondi? Why is she looking the other way? Why isn't she looking out for "We the People" Why is she protecting the corrupt politicians, is it because they are her own party. Shame Shame Shame

The Senblers and the anti drug groups needs to mind there own business and let medical marijuana have less restrictions and fight against opioids crises that Florida has I ain't never heard of some one overdosing on marijuana but they overdosing on pain pills. And heroin everyday that's where they need to put there anti drug group against and while there at it make war on alcohol that's destroying the world marijuana not a gate way drug pain pills are let's stand togeather and start voting these people out of office and stand against these so called anti drug groups let the 71% voters be heard they can't send us all to prison stand tall voters

Seventy percent of voters agree on something? They should implement it without delay.

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