Medical marijuana Archives - Page 7 of 34 - Florida Politics

Revenue conference prices sales tax exemption for medical marijuana

Legislation that would exempt medical marijuana from sales taxes would cost $24.3 million per year to Florida’s tax receipts, according to an estimate by state economists Friday.

HB 1397, by Fort Myers Republican Ray Rodrigues, is one of five medical marijuana bills to enact Amendment 2 that are circulating in the Legislature.

It would impose a number of restrictions on marijuana use — no smoking, vaping, or edibles, for example, although a terminally ill patient could vape.

The bill would take effect upon becoming law, and the state Revenue Estimating Conference concluded the state would have collected around $400,000 in pot taxes by that time.

As more people become eligible to use marijuana to treat medical conditions, the cost to state revenues would hike up to $24.3 million by 2021.

The Legislature could not use the money in the meantime to fund ongoing programs, although it would be available for one-time use each year, said Amy Baker, director of the Office of Economic and Demographic Research.

The conference dropped plans to calculate the effect of House legislation on pari-mutuel, card room, and Seminole Indian gambling. The House is taking a less permissive approach to gambling than the Senate is.

“It just means they weren’t ready for us to meet on it yet,” Baker said.

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Senate begins discussion of medical marijuana implementing legislation

Sen. Rob Bradley indicated he is willing to support opening up the medical marijuana market more than he first proposed, but continues to believe vertical integration is the right system for Florida.

Bradley, an Orange Park Republican, filed one of five medical marijuana implementing bills this Legislative Session. His proposal (SB 406) would, among other things, allow for the growth of the industry once the number of registered patients hits certain thresholds.

Under his proposal, the Department of Health would be required to register five more treatment centers within six months of 250,000 qualified patients registering with the compassionate use registry. After that, five new medical marijuana treatment centers would be registered when the number of patients reach 350,000; 400,000; and 500,000.

But on Wednesday, Bradley said he has come to believe his bill is “too restrictive based on the feedback (he) received.” Instead, he said he would support a measure that finds a balance between his proposal and one sponsored by Minority Leader Oscar Braynon.

Braynon’s bill (SB 1666), among other things, calls on the state to register 10 additional medical marijuana treatment centers by October 1. It then requires the Department of Health to register four more treatment centers each time the compassionate use registry adds qualified patients after Jan. 1, 2018.

“We’re going to have a population group (where) there isn’t enough competition to make sure the pricing is reasonable,” said Bradley during a Senate Health Policy workshop on medical marijuana implementation bills.

“The more people we have growing and selling, it provides different voices and ideas on how to treat things. One treatment center might have a specialty. That’s something that will develop organically.”

What Bradley doesn’t support, however, is a proposal to blow up the entire system and start from scratch. All but one — a bill (SB 614) by Sen. Jeff Brandes —  of the five proposals keeps the current regulatory framework in place.

Brandes’ bill gets rid of vertical integration, creating four different function licenses — cultivation, processing, transportation, and retail — that a medical marijuana treatment center can obtain. His bill also allows for treatment centers to get a combination of licenses, a departure from current law, which requires treatment centers to grow, process and sell their own product.

“I hear a lot of talk about the current system we have … being a cartel and we need a free market approach,” said Bradley. “This is not the selling of lawn mowers or office supplies. This is very different.”

The workshop marked the Senate’s first steps toward medical marijuana implementation, giving members a chance to questions Bradley and Sen. Dana Young, the committee’s chairwoman and a co-sponsor of Bradley’s bill, about medical marijuana measures that could be coming before the committee.

Sen. Frank Artiles and Sen. Denise Grimsley have also filed bills to implement the 2016 medical marijuana amendment.

Approved with support from 71 percent of Floridians in November, the constitutional amendment allows Floridians with debilitating medical conditions, determined by a licensed physician, to use medical marijuana. The amendment went into effect Jan. 3, but state lawmakers and the Florida Department of Health have been tasked with adopting rules and implementing the amendment.

The Department of Health initiated the process of creating rules in January. The state agency has until July to put rules in place, but a recent poll found Floridians think the state is moving too slowly when it comes to implementing the amendment.

The poll, which was first reported by POLITICO Florida, found 44 percent of Floridians think the state is moving too slowly when it comes to implementing the law. Of those people who voted in favor of the measure, 57 percent said they believe the state is moving too slowly.

No action was taken during Wednesday’s meeting, and Young said a bill will be discussed and voted on at a later date.

House bill advances to give University of Florida $2.5M for medical marijuana study

The University of Florida would get about $2.5 million to study the effectiveness of medical marijuana under a bill that cleared the House Health Care Appropriations Subcommittee Tuesday.

HB 3159 by Cape Coral Republican Rep. Dane Eagle is aimed at the compassionate use bill lawmakers approved in 2014, which legalized low-THC, high-cannabidiol marijuana for the treatment of some diseases, such as epilepsy in children.

A similar, $1 million UF study was approved by the legislature back in 2015, with that money heading to a pediatric neurology lab.

Eagle’s budget request form for the bill lists UF Pharmacy professor Almut Winterstein as the requester. According to the document, about $1.2 million of the money will go to salaries and $654,000 for contracted services with most of the rest going toward data storage and travel expenses.

Since the 2014 law, the Legislature has approved full-THC marijuana for terminally ill patients and Florida voters approved a constitutional amendment legalizing medical marijuana for many other non-terminal medical conditions.

Stuart Republican Rep. Gayle Harrell said Eagle’s bill was a “key component” of the legislation lawmakers need to pass in order to put that constitutional amendment into action.

HB 3159 now moves on to the full Appropriations Committee, its final stop before it’s ready for a floor vote in the House.

Senate medical marijuana bill keeps industry restricted to seven distributors

A new bill introduced Monday to enact Florida’s medical marijuana program is being sharply criticized by promoters of Amendment 2 for keeping the budding business restricted to the state’s current seven approved producers.

Senate Bill 1758, introduced by state Sen. Denise Grimsley, the Republican from Lake Wales, lays out how Florida should manage and regulate medical marijuana from growing the plants to which doctors can recommend it to deciding which patients are eligible, to how the products are produced, packaged and sold, to who can administer them.

The bill’s intention is to set up the framework required by Amendment 2 to Florida’s Constitution, a measure approved by 71 percent of Florida voters in the November election.

While much of the legislature may have bought into Amendment 2 backers’ intentions to make medical products derived from marijuana available to a wide range of patients with debilitating conditions, the bill reflects a widening divide: who should profit from the new business.

The bill restricts the business initially to those already approved and licensed under the state’s much more limited medical marijuana laws approved in 2014. There are seven such medical marijuana dispensing companies, already growing, processing, packaging and selling limited products made from low-THC cannabis.

If the number of registered patients approved to use medical marijuana exceeds 250,000, the state can add three more companies, with one of them required to a company with African-American ownership. Each additional 250,000-patient base would authorize another three companies to get into the business.

Brian Hughes, spokesman for Smart Medicine for Florida, praised the bill after a cursory read.

“It is a sensible and conservative approach to moving forward in getting the medicine to patients. A cursory read finds benefits in this proposed legislation for patients, members of the law enforcement community, and physicians,” he said in a statement.

Yet Ben Pollara, manager of United For Care, which put Amendment 2 on the ballot, called the restriction something nobody wants “except the army of lobbyists” for the seven currently licensed companies.

“It’s absurd because it would lead to the creation of the seven largest marijuana businesses in the country, and ultimately not serve the will of 71 percent of Floridians who voted for this, and the half-million sick Floridians for which this was intended,” Pollara said. “It puts medical marijuana in the hands of a few gigantic players, the  detriment of everybody else.”

Pollara said the bill, however, “gets right” provisions relating to patients and doctors.

The bill allows for medical marijuana to be used by patients with debilitating illnesses, as defined in Amendment 2, now incorporated into Section 29, Article X of the Florida State Constitution, who have gotten recommendations from qualified doctors, and are registered with the state. They include people suffering from cancer, epilepsy, glaucoma, a positive status for human immunodeficiency virus, acquired immune deficiency syndrome, post-traumatic stress disorder, amyotrophic lateral sclerosis, Crohn’s disease, Parkinson’s disease, multiple sclerosis, a physical, medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms, a terminal condition, or other debilitating medical conditions of the same kind or class.

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New group seeks to steer medical marijuana between control, free market

As at least one key lawmaker pushes to open Florida’s coming medical marijuana industry to a free market and the current seven licensed companies fight to keep it tight, a new advocacy group is emerging saying it wants to help develop a middle ground.

Smart Medicine For Florida will be pushing for regulations that would assure quality, safety, and security while also seeking a market open enough to assure fair pricing and the voices of patients and doctors, said the new group’s leader, Brian Hughes.

The new group will be emerging in coming weeks with details as the Florida Legislature begins in ernest to transition from the very limited, low-THC marijuana medicine production and distribution program that began in 2016 to the much broader one authorized when voters overwhelmingly approved Amendment 2 in November, essentially legalizing all forms of medicines derived from marijuana.

That legislative debate could pingpong between interests that still want to regulate medical marijuana into non-existence, to rising advocacy for a free-market.

“We intend to be a voice in the middle of this debate about what’s gong to happen with Amendment 2,” Hughes said. “It feels like there’s a space for patients and doctors and people regardless of where they stood on Amendment 2.”

Amendment 2 allows for virtually all forms of marijuana medicines from edibles to smoke, to treat any disabling medical conditions. That’s a huge step from the program authorized by the Florida Legislature in 2015, which allows only oil extracts, only from plants essentially devoid of the THC chemical that can make people high, and only for patients with epilepsy, a few other neurological disorders, and certain cancer treatments.

With the limited market that had been envisioned for the current program, it was limited to just seven highly-regulated statewide producers. Already some lawmakers are saying that does not make sense for a future market that could be worth hundreds of millions of dollars a year now that Amendment 2 has been approved.

Among them, state Sen. Jeff Brandes is calling for a free market. His Senate Bill 614 sets that up with no vertical integration of marijuana businesses. And now he has called out the House of Representatives on expectations that it will follow the same philosophy.

“The House of Representatives has been a steadfast supporter of the free market. The House stands against government intervention that picks winners and losers, and opposes onerous rules and regulations that distort the private sector,” Brandes said in a statement.

“The laws in place today governing Florida’s medical marijuana system restrict market participants, and it is tailor-made for a few influential businesses to dominate the industry,” Brandes continued. “The result of this type of market distortion is often higher prices, shortages of goods, and a lower quality product for consumers. Given the free market track record of the House, I am confident that they will not buckle under the pressure of the special interests of the existing cartel who wrote the current broken medical marijuana law.”

Hughes said his group wants to see what ideas emerge from the Florida Legislature and to work with those. He cautioned against any wide-open market that could lead to a situation like California’s which have become notorious for pot shops masquerading as medical dispensaries.

“The voters approved a medical marijuana policy that provides medicine to patients. They did not approve recreational use. Florida is not California and doesn’t want to become California,” Hughes said. “Creating the wild west of weed in Florida and claiming it’s about free markets is not a responsible way forward.

“Medical marijuana is a drug,” Hughes added. “So policymakers have a responsibility to ensure it is appropriately regulated for patient safety and medical quality while at the same time ensuring reasonable access to those in need. Done the right way, this will end the illicit market that exists to keep marijuana off our streets and out of our schools.”

Florida officials, voters clash over medical marijuana rules

Three months after Florida voters overwhelmingly approved a constitutional amendment on medical marijuana, state health officials and prospective pot-seeking patients are at odds over proposed rules that would spell out who could get marijuana.

State officials have recommended restrictions on what type of patients can qualify for medical marijuana, and where they can obtain it. Their suggestions, however, have prompted a wave of opposition across the state, with nearly 1,300 residents attending what are normally low-key bureaucratic hearings to press for less restricted access to marijuana.

“Patients, doctors, caregivers and activists all had a unified message which is rare,” said Ben Pollara, who is the campaign manager for United for Care. “They want impediments removed and a free market place.”

Amendment 2, which was approved by 71 percent of voters last November, was enacted on Jan. 3. It allows higher-strength marijuana to be used for a wider list of medical ailments than what was currently allowed in state law. The rules have become a flashpoint because the amendment requires the state to adopt them by July 3 and have them in place by September.

The state held hearings in several locations and Thursday’s two hours of public testimony in Tallahassee mirrored what happened earlier this week in Jacksonville, Fort Lauderdale, Tampa and Orlando. Most who spoke statewide are also concerned about high prices and limited availability so far of marijuana products. Only five of the seven organizations approved to dispense cannabis are up and running.

Activists want a requirement eliminated that a patient must be under a prescribing physician’s care for at least 90 days. They also believe it should be up to doctors to deem when medical marijuana is necessary and not be confined by the conditions enumerated in the amendment or by the Board of Medicine.

Doug Bench, a former judge who testified in Tallahassee, said that people often delay seeing a doctor until they urgently need treatment.

“When you are ill you, you put it off. You don’t want to hear what the doctor says and by the time you finally go you need it now,” Bench said.

The current law – which was approved by the state legislature in 2014 – allows for non-smoked, low-THC pot for patients with cancer or ailments that cause chronic seizures or severe spasms. It was expanded last March to allow patients with terminal conditions to gain access to higher strength cannabis.

The department will review all comments it has received and agency officials will then publish another proposed rule. How quickly that rule gets published depends on subsequent public comments or any legal challenges.

The Florida Legislature will also get a chance to weigh in. There are two bills in the Senate with the House of Representatives expected to release its version before session opens on March 7.

Republished with permission of the Associated Press.

Saying voter intent ‘ignored’ on medical marijuana, Tampa Bay Times is just plain wrong

The Tampa Bay Times is just plain wrong about something, and it has stuck in my craw for nearly a week now.

Last Thursday, a Times headline read: “Voter intent on medical marijuana ignored.” Two days later, columnist John Romano followed suit with virtually the same narrative.

“Ignored?”

The clear inference of the editorial – notably, the word “ignored” – utterly fails to acknowledge reality.

“Ignored” clearly and purposefully claims the will of those who voted for the constitutional amendment has been intentionally disregarded or not considered. Whether you agree or disagree with the direction things are headed, clear evidence suggests Amendment 2 is NOT being ignored.

If the amendment were indeed being ignored, the Florida Department of Health (DOH) would have done nothing. Nada.

Instead, the DOH – absent legislative guidance and before rule hearings or public testimony – took a fairly dramatic stance expanding access to medical cannabis. The Department publicly stated physicians can now order medical marijuana for those patient conditions identified in the amendment.

That’s not ignoring. That’s the Department of Health taking a pretty bold step forward. (Applause?)

Typically, state agencies have limited authority to make such a determination. But in this case, the DOH action – taken within days of Amendment 2’s enactment – allows for the expansion of conditions precisely as directed under the newly passed amendment.

One could make the argument that this is the exact opposite of “ignored.”

Further, DOH did not (and does not) have authority to simply wipe away statutes put in place explicitly to handle an array of issues that deal with a substance that is (may I remind everyone) STILL illegal at the federal level.

The agency could not have, for example, issued an edict allowing anyone to grow marijuana or to sell it as that person saw fit. And they cannot just wipe away licensure requirements or legislatively mandated training requirements for physicians that are currently still on the books. Instead, they let the current statutory framework for growing, distributing and selling to stand – concepts that are clearly articulated under the law as it stands now – taking the bold step of allowing physicians to immediately begin ordering medical cannabis for a new group of patients.

Seriously, what more do the good folks at TBT want?

Second, and equally bizarre: they roundly criticize lawmakers.

This accusation – plainly false – simply makes no sense.

Lawmakers are, right now, in the business of meeting, taking public testimony and considering various viewpoints. They drafted bills, weighing different options and are moving forward with great speed, even though the start of the legislative session is still weeks away.

There have been three public hearings and, as of this writing, two separate Senate bills are being floated, and we can expect one from the House any moment now.

Again, what more do they want?  Session hasn’t even started.

Let us keep in mind that 70 percent of voters did NOT vote for recreational marijuana usage. Voters said “yes” to the PHYSICIAN-directed use of MEDICAL marijuana for patients with extreme conditions. The proponents repeatedly and steadfastly maintained that we would not have widespread use of marijuana but that it would ONLY be available for the severely ill.

One must presume that the critically ill are under the treatment and care of a licensed and, hopefully, fully trained physician.

The paper’s position that the Board of Medicine should have no role in the administration of medicine is not only misguided, but entirely inconsistent with the promise made by those who supported this amendment.

As a father and a citizen of this state, I am genuinely terrified that Florida could become the next California – or worse. We have seen what happens when imperfect, but well-intended, laws are exploited.

Once that genie is out of the bottle, it’s almost impossible to put it back in.

I don’t want to live in a state where anybody with a smartphone can feign virtually any illness and have pot delivered to their front door. I am fairly confident that most who voted in support of Amendment 2 will agree.

Of course, we will never know exactly what anyone who voted for (or against) it was thinking.

But here is what we do know.

You may not like the way things are headed. You may prefer Sen. Brandes’ approach over the one from Sen. Bradley. You may think DOH moved too quickly or was too narrow in their interpretation. Fine. Fair enough.

But saying the Department of Health has “ignored” Amendment 2, or imply that lawmakers have done likewise, is simply – and demonstrably – wrong.

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Modern Health Concepts, PalliaTech team up as Florida’s medical pot industry grows

A South Florida medical marijuana dispensing organization is thinking ahead, entering into a strategic partnership to help plan for future growth.

Modern Health Concepts, a South Florida-based medical cannabis provider, announced last week that shareholders successfully formed a strategic partnership with PalliaTech Inc.

Created in 2010, the Massachusetts-based company began as a medical device company and was one of the first to develop and patent a medical cannabis vaporizing unit able to deliver a single metered dose to patients. It now operates vertically-integrated cannabis companies in several states.

“We admire what Modern Health Concepts has done to date to successfully evolve this industry and are excited about this partnership,” said Joseph Lusardi, CEO of PalliaTech in a statement. “We are encouraged by the commitment and dedication Modern Health Concepts has demonstrated regarding their vital role in this industry, and we are proud to partner with them and invest in growing their ability to provide medicine to many Floridians for years to come.”

Affiliated with Costa Nurseries, Modern Health Concepts is one of seven approved medical marijuana dispensaries in the state. The company, according to its website, plans to begin offering vaporizing cartridges early this year.

The partnership comes as state lawmakers and the health officials begin the process of implementing Amendment 2, the medical marijuana constitutional amendment.

Earlier this month, the state Department of Health initiated the process of developing rules for Amendment 2. Under the ballot language, the agency has until July 3 to create rules and regulations to implement the new medical marijuana law.

Under the preliminary rule, medical marijuana treatment centers — which would be the same as dispensing organizations — must go through the same “approval and selection process” outlined in existing law. Those organizations are also “subject to the same limitations and operational requirements” currently outlined in state law.

But a proposal by Sen. Rob Bradley looks to change state law as it relates to the number of treatment centers allowed in the state. Under his implementing bill, the Department of Health would be required register five more medical marijuana treatment centers within six months of 250,000 qualified patients registering with the compassionate use registry.

It then allows for more five more treatment centers to receive licenses after the 350,000 qualified patients, 400,000 qualified patients, 500,000 qualified patients, and after each additional 100,000 qualified patients register with the state’s compassionate use registry.

“We are very excited about the opportunity to partner with PalliaTech to augment our operations and enable us to grow at a much faster rate with the end goal to better service increasing demand from patients in need,” said Richard Young, CEO of Modern Health Concepts, in a statement.

Trulieve to open medical marijuana dispensary in Tampa

Trulieve is expanding into Tampa.

The medical marijuana dispensing organization announced Tuesday it will open its third dispensary Thursday in Tampa. The company currently has dispensaries in Tallahassee and Clearwater.

“This is an exciting start to the new year for Trulieve and the patients we serve,” said Kim Rivers, the company’s CEO in a statement. “As the first licensee to be authorized to dispense medical cannabis in Florida, we are pleased to serve an expanding Tampa market. We are also excited to be opening our newest dispensary.”

Trulieve is one of seven dispensing organizations currently authorized by the Department of Health to grow and distribute medical marijuana. According to the company, the new dispensary will have both low-THC and high-THC medical cannabis available in a several forms, including oral capsules and vaporizers.

Earlier this month, the Department of Health initiated the process of creating rules and regulations governing Amendment 2.

Under preliminary rules, medical marijuana treatment centers — which under new rules would be the same as a dispensing organization, must go through the same “approval and selection process” outlined in existing law. Those organizations are also “subject to the same limitations and operational requirements” currently outlined in state law.

That could mean the seven nurseries currently authorized to grow and sell medical marijuana would have a corner on the market.

Lawmakers have indicated they’re planning to weigh in on Amendment 2 implementation, and last week Sen. Rob Bradley filed a bill that would, among other things, allow for the growth of medical marijuana treatment centers once the number of registered patients hits a certain number.

A spokeswoman for the health department said in an email to FloridaPolitics.com last week the agency looks forward to “receiving input from all interested stakeholders through the open and transparent rulemaking process.”

In addition to dispensaries, Trulieve also offers a statewide delivery service. The company is scheduled to hold a press conference at 10 a.m. Thursday at the new dispensary.

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Drug Free America urges caution as lawmakers discuss Amendment 2 implementation

Drug Free America is urging Florida lawmakers to “proceed with caution” as they begin crafting legislation to implement the state’s newest medical marijuana law.

“While we were opposed to Amendment 2 for a number of specific reasons, we recognize Florida voters have spoken,” said Calvina Fay, the executive director of Drug Free America, in a statement. “We also recognize lawmakers will soon convene and consider implementing language … that will dictate policy for generations to come. We strongly urge them to exercise extreme caution moving forward.

On Thursday, Sen. Rob Bradley filed Senate Bill 406, the Amendment 2 implementing bill. The bill comes just days after the Department of Health initiated the process of developing rules, as outlined under the ballot language.

The bill, among other things, allows for the growth of medical marijuana treatment centers once the number of registered patients hits a certain number.

“In 2014, the Florida Legislature legalized low-THC medical marijuana, and in 2016 expanded the medical marijuana system to provide legal access to marijuana for terminally ill Floridians,” said Bradley in a statement last week. “Floridians want even more options, speaking loud and clear at the polls in November by passing Amendment Two. This bill significantly expands the current medical marijuana system to give Floridians the relief they have demanded, and it does so safely and quickly.”

Under Bradley’s bill, the Department of Health is required register five more medical marijuana treatment centers within six months of 250,000 qualified patients registering with the compassionate use registry. It then allows for more five more treatment centers to receive licenses after the 350,000 qualified patients, 400,000 qualified patients, 500,000 qualified patients, and after each additional 100,000 qualified patients register with the state’s compassionate use registry.

Existing law does allow for some growth, authorizing the state health department to issue three more licenses once 250,000 qualified patients register with the state’s compassionate use registry.

“As we’ve seen in states like Colorado and California, measures intended to open the door just a little, results in the door opening far too wide,” said Fay. “Because marijuana – and this is not a surprise to anyone – is subject to abuse, has a robust black market, and is the drug of choice for too many of our nation’s youth, the ‘market’ will rapidly and dramatically take advantage of every loophole that can be exploited.”

Fay said growers have indicated they will have “far more capacity than is needed for the foreseeable future,” and warned that further expansion could “create an undue burden on already overwhelmed officials for effectively regulating this industry.

“For these reason, we ask lawmakers to proceed with caution, recognize that the for-profit marijuana industry will exploit loopholes, and to please keep treating marijuana as a dangerous drug that requires strict safeguards and controls,” said Fay.

Bradley’s bill, which was co-introduced by Sen. Dana Young, hasn’t received its committee assignments yet. But that doesn’t mean lawmakers won’t be talking about medical marijuana this week.

The House Health Quality subcommittee is scheduled to hear from several experts — including officials with the Florida Police Chiefs Association and Florida Sheriffs Association — during its meeting at 9 a.m. Wednesday. While a companion to Bradley’s bill hasn’t been filed, House Majority Leader Ray Rodrigues is expected to carry the House implementing bill.

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