Medical marijuana advocates are railing against proposed rules unveiled this week by the Florida Department of Health, calling them too restrictive and hinting at legal challenges should the state's Republican-controlled legislature refuse to step in.
- Advocates railing against proposed marijuana rules
- Medical marijuana ballot measure overwhelmingly approved by voters in November
- RELATED: Florida Office of Compassionate Use
- PREVIOUS STORY: Lawyer John Morgan: Amendment 2 will reduce drug use
The rules are intended to implement Amendment 2, the medical marijuana ballot measure overwhelmingly approved by voters in November. Far from expanding the state's fledgling low-potency medical marijuana industry, health officials are proposing limiting full-strength cultivation to the seven nurseries already licensed by the state.
The proposed rules would also bar physicians from prescribing marijuana to patients who don't suffer from one of ten chronic conditions, including cancer, HIV and post-traumatic stress disorder. Amendment 2's language grants doctors far more leeway to determine if a patient is eligible for treatment.
"At this point, it's about getting the medicine to the eligible patient population," said Taylor Patrick Biehl of the Medical Marijuana Business Association of Florida. "I think the legislature and the department need to act accordingly so that there are no legal protests and that the patients can receive the medicine as quickly as possible."
While legislative leaders are committing to issuing guidance for the Department of Health on Amendment 2 implementation, it's unclear what that guidance will look like. Some conservative Republicans are advocating applying the tough low-potency regulations to full-strength medical marijuana in order to prevent the drug from falling into the wrong hands.
"We'll be tasked with going through the regulatory process and making sure we can do that in a way that is safe and in a way that is controlled so that we provide it to those that need it legitimately, but not in a way that allows for spillage and, basically, a backdoor approval of recreational marijuana," said Rep. Paul Renner (R-Palm Coast).
House Speaker Richard Corcoran (R-Land O'Lakes) has also suggested taking a tough line.
"We're going to honor the will of the voters, we're going to protect the Constitution and we're going to protect the people of the state of Florida," Corcoran told reporters in November.
The eventual regulations, however, could trigger lawsuits charging that they violate Amendment 2's intent. Aggressively limiting access and supply, advocates say, is unacceptable.
"I certainly think it's something that comes with the territory," Biehl said.