State Legislature, Rick Scott Moving Too Slowly on Medical Marijuana, Say Voters

Florida voters are not happy with how Gov. Rick Scott and the state legislature are handling medical marijuana and say both have been slow on the uptake with getting Amendment 2 implemented in the Sunshine State. 

The survey, conducted by GOP polling firm Fabrizio, Lee & Associates, found nearly half of voters -- 44 percent -- say Florida is moving too slowly on fully implementing medical marijuana. 

That number was even higher for voters who said “yes” to Amendment 2, with 57 percent saying the state is moving too slowly on implementing the new law. 

Politico first reported the results Tuesday morning.

Florida voters overwhelmingly approved a constitutional amendment to legalize medical marijuana in November, with nearly 72 percent approving the measure. Still, the clock is ticking on medical pot -- and Floridians are starting to notice. 

Voters believe both Scott and the state legislature aren’t doing a bangup job at getting Amendment 2 implemented. Forty percent of voters disapprove of the job the state legislature is doing in implementing the drug, while a smaller number -- 37 percent -- approve.

Those figures are slightly higher for the governor. Forty-one percent disapprove of the job he’s doing to implement medical marijuana, while 38 percent approve.

“Pluralities of 2016 voters disapprove of the job both the executive and legislative branches are doing in implementing the state’s new medical marijuana law,” wrote pollster Tony Fabrizio. “Voters disapprove of the legislature by a 3-point margin, 40%-37%, and disapprove of Gov. Scott by an even greater 7-point margin, 41% - 34%.”

The survey also found voters expect a limited number of medical marijuana dispensaries under Amendment 2.

Fifty-four percent of voters who cast their ballots in favor of Amendment 2 said they they expected the state to limit the number of medical marijuana dispensaries, while 30 percent said they believed the state would allow an unlimited amount of dispensaries.

The number of dispensaries has been a key part of the debate on medical marijuana -- legislators have sharply said they fear pot shops opening up all over the state with little regulations. 

“Passage and implementation of Amendment 2 should never be about recreational use or putting pot shops on every corner,” said Brian Hughes spokesman for conservative pro-pot group Smart Medicine for Florida, which commissioned the poll.

Florida has been slow to embrace medical marijuana. State lawmakers passed a bill legalizing a low-THC form of medical marijuana called “Charlotte’s Web” in 2014, but has yet to work out a full regulatory system for an expanded system for medical pot.

Later that year, voters shot down Amendment 2. Meanwhile, Charlotte’s Web was slow to get off the ground, much to the chagrin of pro-pot supporters. 

Even months after voters approved the amendment, medical cannabis advocates say Florida is still lagging.

“We are considerably behind the 8 ball,” said Garyn Angel, who runs MagicalButter and works with marijuana advocates nationwide.

The state legislature and the Florida Department of Health still have several months to revise the current dispensing rules and have up to nine months to implement those rules, which could throw a wrench into the state's newest prescription drug. 

State lawmakers are currently proposing a variety of bills to hash out Florida’s medical marijuana regulatory system. 

One of the bills, HB 1397, sponsored by Rep. Ray Rodrigues, R-Estero, would severely limit how the industry works in Florida. Florida’s current seven dispensaries would be given first dibs on selling medical pot. After 150,000 patients enroll in the medical marijuana registry, the department would then, and only then, open up licensing to the second round of dispensaries more dispensaries. 

Rodrigues’ bill would also ban smokeable and edible forms of marijuana.

On the other side of the coin is Sen. Jeff Brandes’ medical marijuana bill, which would abolish the current regulatory system and start Florida’s medical marijuana industry anew. 

Brandes’ law would eliminate the statutory caps on Medical Marijuana Treatment Centers and establish four new types of function licenses for MMTCs. MMTCs would have cultivation, processing, transportation and retail licenses and could possess any license or a combination of multiple function licenses. Under current law, retail licenses are permitted on a population basis of one license per 25,000 residents in every county. 

 “The laws on the books today promote a state-sanctioned cartel system that limits competition, inhibits access, and results in higher prices for patients,” said Brandes. “Florida should focus on what is best for patients.”

That bill has gotten a positive response from growers and businessmen who want a piece of the medical marijuana industry pie. 

“I think that it is a starting point and I think there will be lots of negotiation,” said founder of St. Petersburg-based Gulf Coast Canna Meds Tom Murphy. “I’m betting everything that I have, and [all that] my friends have...and all of the rest of us who want to do something good, we are betting our livelihood that this will [be worked out.]”

Florida is now in week three of the 60 day legislative session, so time is of the essence for creating regulations in the medical marijuana industry.

The legislative session ends May 5. 

The poll of 800 Florida voters was conducted February 28 through March 2. The margin of error at the 95 percent confidence level was +/- 3.46 percent.

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