Floridians voted overwhelmingly in favor of Amendment 2 on Election Day, passing the measure intended to regulate the production and dispensing of medical cannabis to any patient who is diagnosed with a debilitating medical condition by their doctor.
However, newly proposed rule by the Department of Health seek to significantly amend this legislation in a manner that is contrary to patients’ needs.
Specifically, the rules would limit those patients who may qualify for cannabis therapy only to those diagnosed with one of ten specific conditions. As approved by voters, the Amendment provides physicians to discretion to recommend medical marijuana in any instance where they believe that its medical use “would likely outweigh the potential health risks.”
Further, the proposed rules seek to limit cannabis production and dispensing solely to those seven nurseries previously selected to provide high-CBD varieties of cannabis as part of an extremely limited 2014 program and to restrict renewal cards from being issued from annually as passed by Amendment 2 to 45 days.
To date, this program has been insufficient at providing patients’ with adequate access to the plant. It is highly unlikely that these limited numbers of producers and dispensers could meet the needs of Florida’s growing pool of patients.
In the coming weeks, regulators will be holding a number of public forums throughout the state to seek feedback to these proposed rules. Please consider attending one of these events to tell regulators that these changes are not in the best interest of Florida patients.
Medical marijuana public hearings:
Jacksonville: 2-4 p.m. Feb. 6 at the Duval County Health Department, 900 University Blvd. North.
Fort Lauderdale: 10 a.m.-noon Feb. 7 at the Broward County Health Department, 780 SW 24th St.
Tampa: 9-11 a.m. Feb. 8 at the DOH Tampa Branch Laboratory, 3602 Sepctrum Blvd.
Orlando: 6-8 p.m. Feb. 8 at the Orange County Health Department, 6102 Lake Ellenor Drive.
Tallahassee: 4-6 p.m. Feb. 9 at the Betty Easley Conference Center, 4075 Esplanade Way, Room 148.
Those who can not attend in person, may also leave feedback with the Department of Health here. Let them know that these proposed changes unduly limiting the pool of eligible patients and their access to medical cannabis is contrary to the will of the 71 percent of voters who approved Amendment 2, and that they are not in the best interest of those seriously ill Floridians who may benefit from medical cannabis.
From NORML of Florida Director Karen Goldstein:
The voters of Florida were presented with language of which more than 71% approved. Nowhere in the wording of Amendment 2 does it require a doctor to become specially certified to recommend cannabis. It clearly states that “Physician” “means a person who is licensed to practice medicine in Florida.” When a pharmaceutical representative brings samples of new medications to doctors’ offices, the physician is not required to take a special certification course to prescribe that medication. Many of those meds are far more dangerous than cannabis.
(b)(4) defines marijuana as that given to cannabis in Section 893.02(3), Florida Statutes (2014) which states “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Therefore medical marijuana includes the whole plant, not restricted to extracts or oils.
In the wording of the amendment, (d) Duties of the Department, (1), b clearly states that renewal cards will be annual, not every 45 days as has been mentioned in the preliminary rules published today.
We the people of the state of Florida have approved an amendment to our State Constitution and we expect that amendment to be implemented in the spirit that was intended by its authors.
Join NORML of Florida on Facebook or visit their website at http://www.normlfl.org/ for more information.
Tags: Florida, Florida Amendment 2, florida department of health, Florida medical marijuana