{"id":94220,"date":"2017-10-31T17:21:10","date_gmt":"2017-10-31T21:21:10","guid":{"rendered":"http:\/\/healthyhempoil.com\/?p=94220"},"modified":"2025-01-29T21:06:18","modified_gmt":"2025-01-30T02:06:18","slug":"florida-medical-marijuana","status":"publish","type":"post","link":"https:\/\/healthyhempoil.com\/florida-medical-marijuana\/","title":{"rendered":"Understanding the Florida Medical Marijuana Act of 2017"},"content":{"rendered":"

Florida residents could be forgiven for feeling like children caught between squabbling parents when it comes to the medical marijuana legalization issue. In a long-sought victory, the state of Florida officially approved the Florida Medical Marijuana Legalization initiative, popularly known as Amendment 2, in the general election held on November 8, 2016, where it garnered an overwhelming 71% voter approval. (<\/span>1<\/span><\/a>) Unfortunately, the federal government still classifies marijuana as a Schedule I drug under the Controlled Substances Act, which makes it illegal to use, sell, or possess all forms of marijuana under federal law.<\/span><\/p>\n

The Florida Legislature passed the pertinent Senate Bill 8A (SB 8A) on June 9, 2017 to establish regulations for the implementation of Amendment 2. For their part, the Florida Department of Health was mandated to begin issuing licenses to new Medical Marijuana Treatment Centers (MMTC), as well as identification cards to qualified patients and legal representatives, by October 3, 2017.<\/span><\/p>\n

With this backdrop in mind, let\u2019s explore the various issues, concerns, mechanics, and implications of the Florida Medical Marijuana Legalization initiative. Various stakeholders, ranging from patients and their legal representatives to physicians and business owners wishing to enter the newly legalized industry, will find useful information here related to their particular interests.<\/span><\/p>\n

Putting the Issue in Context<\/h2>\n

1. Socio-political Climate<\/h3>\n

Marijuana has suffered through the \u201creefer madness\u201d stigma throughout most of the twentieth century. Aided by popular media, it has cultivated a bad reputation associated with gang culture, irrational behavior, debauchery, and violence. <\/span><\/p>\n

Most of these fears have been proven to have no scientific basis, however, and, since the latter part of the twentieth century, a steady stream of researchers and advocates have professed the beneficial effects of marijuana in alleviating numerous ailments and conditions.<\/span><\/p>\n

The deluge of positive testimonials, as well as scientifically-backed evidence, has slowly shifted American sentiment in favor of marijuana legalization in recent years. A survey conducted by Gallup shows the dramatic increase in the number of Americans in favor of legalizing marijuana from a low of 12% in 1969 to a high (pun not intended) of 60% as of 2014.<\/span><\/p>\n

\"Florida<\/p>\n

The wave of support has practically doubled in just a little over ten years. That support is expected to solidify further as private and institutionally funded groups are now permitted to conduct their own research without FDA inhibition. Results from these new studies are expected to be published continuously in the coming years, aiming to prove the plant\u2019s efficacy in treating various ailments and conditions. (<\/span>2<\/span><\/a>)<\/span><\/p>\n

As previous generations have either passed on or grown older, their hardline stance against marijuana legalization has also eroded. The voting population has skewed to a younger, much more sympathetic generation largely in favor of legalization. This has placed much pressure on politicians to pass laws to legalize marijuana for medical or even recreational purposes in some states.<\/span><\/p>\n

2. Economic Impact<\/h3>\n

Aside from the potential medical benefits, another strong driver for the Florida Medical Marijuana Legalization initiative is the economic windfall expected to come with it. Proponents argue that revenues previously restricted to the black market can now be harnessed to contribute to the public coffers. Other states that have adopted legal medical marijuana have reported increased tax revenues and tourism as a result.<\/span><\/p>\n

For reference, Washington and Colorado have collected upwards of $150 million in tax revenues in some fiscal years. Florida will not be imposing a sales tax on medical-marijuana-related purchases, however, so the economic benefits will be felt mainly through the creation of new jobs. These jobs will be needed to support the accredited Medical Marijuana Treatment Centers (the only facilities legally allowed to grow, process, dispense, and distribute medical marijuana products), laboratories, and affiliated industries such as accessories manufacturing. Other medical marijuana states reportedly created 123,000 new jobs from the industry in 2016 alone. \u00a0<\/span><\/p>\n

Florida\u2019s medical marijuana industry promises to be lucrative in part because the state contains the fourth largest population in the US with a considerable elderly demographic that will serve as its patient base. It has the potential to become one of the fastest-growing markets and is projected to achieve 50% compounded year-on-year growth. Researchers project the industry will be worth more than $1.5 billion by 2020. (<\/span>3<\/span><\/a>)<\/span> \u00a0\u00a0\u00a0<\/span><\/p>\n

3.\u00a0Status of Florida Medical Marijuana Before the 2016 Approval of Amendment 2 \u00a0\u00a0\u00a0<\/b><\/h3>\n

Previously, Florida Governor Rick Scott signed the Compassionate Medical Cannabis Act of 2014, which became effective on January 1, 2015. (<\/span>4<\/span><\/a>) It allows qualified Florida-resident patients access to low-THC cannabis based on their physicians\u2019 recommendations.<\/span><\/p>\n

Low-THC cannabis is defined as containing \u201c0.8 percent or less of tetrahydrocannabinol (THC) and more than ten percent of\u00a0<\/span>cannabidiol<\/span><\/a> (CBD)\u201d by weight.<\/span><\/p>\n

In March 2016, the statute was expanded to include access to more potent marijuana strains, termed \u201cmedical cannabis,\u201d for use by terminally ill patients. Thus, in theory, qualified Florida patients may be eligible for two types of medical marijuana depending on their conditions, albeit under restrictive guidelines and even narrower usage parameters.<\/span><\/p>\n

Advocates argued that Florida cannot be considered a full-fledged medical marijuana state because the law only applied to a specific type of marijuana or a narrowly defined set of users (terminally ill patients).<\/span><\/p>\n

In an effort to expand the scope of the medical marijuana law, a citizen-initiated state constitutional amendment called Florida Amendment 2 was able to gather enough support to be included in the November 4, 2014, general elections. Despite garnering 57.6% of the total votes, the initiative failed to pass by a slim margin as Florida requires a 60% super-majority vote for constitutional amendments.<\/span><\/p>\n

Medical Use of Marijuana Act OF 2017 (Florida Senate Bill 8A)<\/h2>\n

Building on the lessons of the failed 2014 initiative, the proponents of Amendment 2 embarked on a new campaign and petition drive. They eventually amassed enough signatures to have the revised initiative included in the 2016 general election ballot.<\/span><\/p>\n

Florida Amendment 2 was finally approved on November 8, 2016, through an overwhelming 71% super-majority vote. (<\/span>5<\/span><\/a>)<\/span><\/p>\n

The ballot summary is below:<\/span><\/p>\n

\u201c<\/span>Allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients\u2019 medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana.<\/span><\/em>\u201d<\/span><\/p>\n

On June 9, 2017, the Florida legislature passed Senate Bill 8A (SB 8A), the Medical Use of Marijuana Act, to establish regulations for the implementation of Amendment 2. We explore the relevant points of this critical piece of legislation through the following topics below.<\/span><\/p>\n

1. Differences Between 2014 and 2016 Amendment 2 Measures<\/h3>\n

Amendment 2 proponents cited vague wording that resulted in voters misunderstanding some of the provisions as one of the main reasons for the initiative\u2019s narrow initial defeat in 2014. This ambiguity led some undecided voters to cast their votes against the measure, wary that loopholes may be exploited by unscrupulous individuals for illegal activities.<\/p>\n

Hence, for the 2016 version, proponents circled back to explicitly clarify and improve upon key points of the 2014 proposal, in particular…<\/p>\n