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Friday, April 5, 2019
CBD BLURB:April 5.2019
CBD BLURB:April 5.2019
Florida Marijuana Laws - The History
Several attempts were made to legalize medical marijuana between 1978 and 2014 with no success. Then, in 2014, Florida legislators passed the “Charlotte’s Web” bill, a measure which allowed the use of low-THC, high-CBD extracts for the purpose of treating a short list of serious conditions such as intractable epilepsy. Lawmakers expanded the program in 2016 to permit terminally ill patients to use medical marijuana, with no restrictions on THC levels. The first dispensary of low-THC cannabis didn’t open until July of 2016.
That same year, advocates were able to get the “Compassionate Medical Cannabis Act of 2014” onto the November 2014 ballot. The bill fell just 2.5% short of the 60% of yes votes needed to pass the constitutional amendment.
The next year, in 2015, a number of municipalities including Miami-Dade County, Tampa, Key West, and Orlando began allowing officers to cite adults found in possession of marijuana rather than arrest them.
Things began to change in 2016 when Amendment 2 passed with a popular vote of 71%. The legislation established a full-blown medical marijuana program. Then, in special session, the senate passed bill SB8A which created strict regulations that applied to Amendment 2, such as making it illegal to purchase dried flower and to grow cannabis at home.
In 2017, the Florida Legislature passed a law to prevent patients from using smokable marijuana. That same year, two bills were introduced to decriminalize possession of small amounts of marijuana. However, the Senate Criminal Justice Committee “temporarily postponed” review of the bills.
Recently, in the spring of 2018, Leon County Circuit Court Judge Karen Gievers heard a case brought by People United for Medical Marijuana and Florida for Care on behalf of two medical patients which challenged the legislature’s attempt to restrict patients’ options and prohibit the use of dried cannabis flower.
Judge Grievers ruled that patients “have the right to use the [smokable] form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians.” The Department of Health has since appealed the decision. Judge Gievers ruled that, under the state’s constitution, patients have the right to smoke medical marijuana in private.