Medical Marijuana Issue in Florida: One Big Pot Hole

On August 29, 2013, the Federal Department of Justice issued a memorandum declaring it will hold to depend on country and local authorities to cope with marijuana interest through enforcement of state narcotics laws. Nevertheless, in mild of new state legal guidelines taking into consideration possession of a small quantities of marijuana and regulating production, processing and sale of marijuana, the Department specified 8 standards to manual nation law enforcement. States must (1) save you the distribution of marijuana to minors; (2) prevent sales from the sale of marijuana from flowing to crook enterprises; (three) save you the diversion of marijuana from states wherein it’s far criminal to states wherein it’s far illegal; (four) prevent marijuana activity from being used as a cowl for the trafficking of different unlawful tablets; (five) prevent violence and using firearms in the cultivation and distribution of marijuana; (6) prevent drugged driving and the exacerbation of other unfavorable public health results associated with marijuana use; (7) prevent the boom of marijuana on public lands; and (8) prevent marijuana ownership or use on federal assets. In the occasion that the Federal Government determines that States are not adhering to such criteria, the Federal Government reserves its right to venture State legal guidelines. The Feds didn’t say how any of that turned into to be achieved. They definitely stated the states need to do that. But Florida has seemingly been searching the alternative way Buy weed online UK.

The New Law

In passing CS/CS/SB 1030, Florida has neglected some key problems. Consider, for instance, the new law, which has the following capabilities:

It makes “low-THC cannabis” legal when prescribed through a scientific medical doctor or osteopathic doctor for a patient who has sure medical conditions. Which situations? Cancer, seizures, intense or persistent muscle spasms. Seems clear sufficient. Here’s in which the Florida Legislature decided to head off course-

A patient is taken into consideration certified to acquire this remedy if (among different matters), the affected person is a permanent resident of Florida and the doctor determines that the risks of ordering the pot are reasonable. How does a medical doctor decide if the affected person is a everlasting resident? Is there any protection for making that selection in correct faith? Nope. How does a doctor make the reasonableness determination? Is the examine of marijuana use even part of the clinical faculty curriculum? No.

Surprisingly, the Florida Medical Association and the Florida Osteopathic Medical Association have obligation, beginning October, 1, 2014, to teach prescribing physicians through an eight hour schooling course. How the Legislature determined to allocate that function to the FMA and FOMA, why they even want that undertaking (past accumulating non dues revenues) and how the drafters got here up with 8 hours (does that consist of water and toilet breaks?) is a wonder. And how such training pertains in any respect to the each day scientific practice of the physicians taking the sort of direction is likewise absent. Can an orthopedist do it? Sure. What about a pathologist? You guess. A dermatologist? No trouble. Why might a successful, practicing medical doctor decide to pursue this new path? How is that the “maximum and best use” for an excellently trained cardiologist, circle of relatives practitioner or anesthesiologist? Assessing a affected person with most cancers or who has awful seizures who would possibly benefit from medical marijuana calls for no greater than an eight hour direction? I concept it required schooling in inner medicinal drug, neurology and… Cancer. So, is this a medically, clinically driven law designed to assist humans in want or one which simply makes sure anyone receives their piece of the pie? It seems to overlook the mark.

Florida has reportedly had a protracted and lingering trouble with the difficulty of drug diversion. People from throughout have come to Florida not only for the solar, however also for the oxies, roxies and many other controlled materials. Has that trouble been licked? Was regulation enforcement consulted on any of the public protection issues involved inside the law? Were they in the drafting room while the bill changed into created? I do not know, but it’s far difficult to see any of their fingerprints on the brand new law. It appears we’ve just dumped this problem on them! Where, for instance, is the roadside check to test people working motor vehicles underneath the have an effect on of pot, clinical marijuana or in any other case? It doesn’t exist! There isn’t any manner to protect the public from this yet. The first-rate they can do is to send it off to a confirmation lab and wait an afternoon or so (at a massive rate the taxpayers will endure). It is a law without meaningful outcomes, and all medical doctor education costs and licensure costs will do is positioned cash inside the wallet of the government and groups ready to pounce on the possibility.

One vivid spot… The Legislature has determined to observe the usage of medical marijuana. Yep. They have set aside one BILLION… I mean million dollars (about the price of a internet site) for the Department of Health Biomedical Research Program to look at cannabidol and its impact on intractable childhood epilepsy, a definitely laudable seeming concept. So wherein will the relaxation of the cash come from to do what the law mandates-the Department of Health is to create a Compassionate Use Registry which (among other things) prevents a affected person seeking prescribed pot from a couple of physicians; establishes dispensing organizations in the course of Florida; polices the skilled physicians, the dispensing groups and sufferers who may be abusing the law? Who knows. Question: why now not take a look at this BEFORE inexperienced lights the whole idea? Colorado and Washington have each led the way on the problem, so why now not observe the general public health and scientific troubles earlier than passing a law with so many open troubles?

The Proposed Amendment

The proposed Florida constitutional amendment makes the regulation passed by using the Legislature appearance meticulous. It makes the entire problem appear like a fa├žade for the agenda of waltzing into both big business and leisure use. For instance, the amendment allows using marijuana (now not simply the low THC variety) for a diffusion of ills, which include “different conditions for which a health practitioner believes that the scientific use of marijuana could probable outweigh the potential fitness dangers for a patient.” I can translate that due to the fact I’m a lawyer. It manner “ANYTHING.” Oh, and better but, the person that makes any such willpower? A “physician,” a definition which Florida law consists of no longer just MDs and DOs, however also dentists, podiatrists, chiropractors and optometrists. The precise issue about the proposed modification: It simply prohibits the use of marijuana at any school, region of employment or smoking it in a public place. [The Florida law states that using a vaporizer isn’t “smoking.”]. Good. Now, how will humans be examined? There is currently no quick on-the-spot take a look at for blood degree.

So… Let’s be honest right here: the proposed change is only a manner to create a new enterprise, one which honestly can not be regulated, one which has no agreed on technological know-how behind it, one which physicians have no longer had the time to noticeably digest or conceive of. It’s mud bogging, plain and simple. Shouldn’t this type of component come from the physicians and scientists who can guide the legislative system?

So, again to the Justice Department standards. Does the Florida regulation or proposed modification accomplish any of them? Nope. Instead, it takes the complete problem and simply dumps it on an already overburdened law enforcement device. Do they prevent the distribution of marijuana to minors? In word simplest. Where is the investment for that? Do they save you revenue from the sale of marijuana from flowing to criminal corporations? No. Do they save you the diversion of marijuana from states wherein it’s far legal to states where it’s miles illegal? No. Do they save you marijuana hobby from getting used as a cowl for the trafficking of different illegal drugs? Huh? Do they save you violence and using firearms in the cultivation and distribution of marijuana? Not a point out. How about stopping drugged using and the exacerbation of other detrimental public health outcomes related to marijuana use? The device does not exist yet! Do they save you the boom of marijuana on public lands or prevent marijuana ownership or use on federal assets? Please.

What approximately the effect of scientific marijuana on the Americans with Disabilities Act? Will people with cancer have the proper to get hold of the prescription now below that federal law? Will physicians be legally accountable for failing to prescribe it? What if it’s used to deal with pain? Will a ache medical institution license be required? Where is immunity for prescribing it legitimately (assuming it is able to be), in light of the fact that federal regulation prohibits it! Did Florida input into some settlement with the federal authorities or are we now simply heading in the right direction to accept that there are federal laws (crook ones) that we simply ought to count on won’t be enforced? How is all of us anticipated to navigate that?


The most cynical of us will see both the law and the proposed modification as a financially stimulated dash by the authorities to elevate price range and by way of business human beings to make money. The greater pragmatic of us suppose there can be value to clinical marijuana and that the difficulty needs have a look at and cautious attention because there are non-public and public health risks that need to be considered. Many very ill people claim that scientific marijuana is a recreation changer for them. But the manner the difficulty is being dealt with on this kingdom doesn’t appear at all like a serious investigation of the price of scientific marijuana. It simply looks as if a mosh pit of hopefulness or greed.