URL: http://www.mapinc.org/drugnews/v15/n730/a01.html
Newshawk: http://www.drugsense.org/donate.htm
Votes: 0
Pubdate: Wed, 30 Dec 2015
Source: Palm Beach Post, The (FL)
Copyright: 2015 The Palm Beach Post
Contact:
Website: http://www.palmbeachpost.com/
Details: http://www.mapinc.org/media/333
WILL LEGISLATORS BLOW LAST CHANCE AT MEDICAL POT?
Just when it seemed Florida might finally be getting off the state's
dizzying medical marijuana merry-go-round, new variables promise
further delay of the legal, non-euphoric marijuana the Legislature
promised two years ago.
The 2016 session just became legislators' last chance to deliver
compassion for children with intractable epilepsy, and people with
advanced cancer and similar debilitating conditions.
The priority on this issue should be to clear the regulatory haze and
implement the 2014 law - given voters' near-certain approval of a
much less desirable constitutional amendment that would legalize
euphoric marijuana for medical use.
New issues begin with the 13 petitions challenging the "dispensing
organization" licenses granted in November by state health officials.
The lucrative licenses allowed five nurseries, in five regions, to
grow and distribute ingestible Charlotte's Web marijuana, low in the
euphoric-producing chemical THC.
The questions, however, range from due process, scoring and
security/background challenges, to complaints that four of the five
nurseries receiving the licenses were represented on the panel that
helped make the rules. Among those chosen were Costa Farms in
MiamiDade County, from the Southeast Florida region of Palm Beach,
Broward and Miami-Dade counties.
While the law's objective was to expedite relief from dire medical
conditions, as certified by a licensed state physician, an apparently
shoddy selection process suggests some license awards could be
reversed - or at least end up in court.
That helps explain the steady march to alter the state constitution,
forcing the state to allow euphoria-causing cannabis strains and more
growers, while including more ailments for medical marijuana treatment.
Backers such as United for Care already have had their day in the
Florida Supreme Court, which recently unanimously approved the
amendment language.
Moreover, according to the state Division of Elections website,
amendment supporters have submitted well over 450,000 of the 683,149
valid petition signatures required by Feb. 1 to get the amendment on
the Nov. 8 ballot. There, it is almost sure to pass in an
increased-turnout, presidential election year.
The 2014 effort is increasingly looking like a dry run. Then, 58
percent of voters supported the amendment, just below the 60 percent
required to enact constitutional change. This time, backers even
tweaked the ballot language to address concerns - to specify parents'
consent, for example, for minors to receive a prescription.
Can a full, recreational-cannabis legalization amendment be far
behind? Or will leadership instead prescribe the future of marijuana
in Florida?
What's certain is that the Florida Constitution is not where the
overdue relief most practically and realistically should come.
Statutory solutions are always preferable for addressing such
fast-changing and often volatile issues. Medical marijuana doesn't
belong in the constitution precisely because of the inherent limits
on the Legislature's regulatory role, and difficulty in resolving
unforeseen problems.
It's also no secret that some proponents of legalized recreational
marijuana - seeking to equate marijuana with alcohol, for example -
see legalization of medical marijuana as a necessary first step, and
thus want it established in the state constitution. Again, that's no
way to run a state.
The fact that voters conceivably could make session action moot,
however, should not keep legislators from doing their jobs. Lawmakers
have blown more than enough fog in their effort, but it's too late to
clear the air.
Equally certain, however, is that the Legislature is leaving medical
marijuana proponents little other option. Lawmakers should fix this.
Or they can abdicate their responsibility, let the courts, judges and
constitution deliver the promised relief, and basically send voters a
loud hint that they can't count on their elected officials to legislate.
MAP posted-by: Jay Bergstrom
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