Peter Schorsch
Last Call — A prime-time read of what’s going down in Florida politics.
First Shot
An interesting question almost slipped by during Monday’s hearing in a case over whether medical marijuana can be smoked in Florida.
Circuit Judge Karen Gievers already has ruled “qualified” patients do have a right to smoke under the 2016 medical marijuana constitutional amendment. Monday’s hearing was about whether that ruling should be effective immediately or be on hold pending the state’s appeal. (That story is here.)
At one point, Gievers asked Assistant Attorney General Karen Brodeen whether patients “with debilitating conditions” who now have and smoke marijuana aren’t already “immune from civil or criminal liability” under the amendment, especially if the Department of Health hasn’t yet ruled on dosages, “form of use” and the like.
No, Brodeen said, saying such use is still “dependent on regulations being in place that allow for the purchase” of smokable medical marijuana. And no such regulations, obviously, are now in place.
What if the department, which regulates the drug through its Office of Medical Marijuana Use, never sets dosages or otherwise regulates smokable marijuana, Gievers asked: “Can the immunity never be given effect, even though the Department didn’t do what it was supposed to?”
“If they don’t get around to it in a timely manner, I think the remedy is go into circuit court and get declaratory relief,” such as a court order, Brodeen said. “That’s my personal opinion.”
After the hearing, reporters asked the same question to plaintiffs’ attorney Jon Mills, a former state House Speaker (1986-88), member of the 1997-98 Constitution Revision Commission, and past University of Florida law school dean.
“Individuals would have to have a (state-issued medical marijuana ID) card and a certification from a doctor that smokable medical marijuana was what they were allowed to use,” he said. “That’s the issue. We are prohibiting people from talking to their doctors” about whether smoking marijuana is best for them. And doctors now can’t legally prescribe it.
But what if they, you know, already had some marijuana, he was asked.
“Well, you have to obtain it consistent with the constitution,” he said, smiling.
Evening Reads
“Supreme Court rules on narrow grounds for Colorado baker in same-sex wedding case” via Josh Gerstein of POLITICO
“After two months, Florida’s election money is approved in one day” via Steve Bousquet of the Tampa Bay Times
“Ron DeSantis raises more than $3 million in May” via Drew Wilson of Florida Politics
“Marjory Stoneman Douglas students to embark on summer tour” via Mike Allen of Axios
“Parkland task force releases 100 recommendations” via The Associated Press
“House leader to fix state’s medical cannabis flubs” via Arek Sarkissian of POLITICO Florida
“‘Jane Doe’ divides Attorney General candidates” via Jim Turner of the News Service of Florida
“Behind Florida’s payments to victims, links to lobbyists” via Gary Fineout of The Associated Press
“Florida seaports report: Growth in cargo and cruise continues” via Nancy Smith of Sunshine State News
“Disney embraces $15 minimum wage in negotiations with workers” via Jackie Wattles of CNN Money
Quote of the Day
“The gun control crowd wants to bully and threaten her into not taking a stand for the Second Amendment. I don’t think the identity of the individual impacts the substance of the case and as attorney general, I would not have pursued the unmasking of this young woman.” — Republican state Rep. and candidate for attorney general Frank White, disagreeing with current GOP Attorney General Pam Bondi, seeking to disallow a plaintiff from being anonymous in a lawsuit over the state’s new post-Parkland school safety and gun control law.
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Breakthrough Insights
Wake Up Early?
Florida Agriculture Commissioner Adam Putnam will announce the recent discovery of a destructive and invasive agricultural pest in the Miami-Dade area, and provide an update on efforts to eradicate it. That’s at 9 a.m., USDA-ARS Subtropical Horticultural Research Station, Building 57, 13601 Old Cutler Road, Miami.
Democratic gubernatorial candidate Gwen Graham will sit down with Central Florida health professionals and patients in a ‘listening session’ to discuss her plans for expanding health care. That’s at 9:30 a.m., Florida Hospital Association’s Orlando office, 307 Park Lake Circle, Orlando.
The state Public Service Commission will take up a series of issues, including a plan by Florida Power & Light to purchase a utility system run by the city of Vero Beach after a long-running battle in Indian River County about electric service. That’s at 9:30 a.m., Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee.
The Public Service Commission also will hold a hearing on a proposed settlement agreement stemming from Florida Power & Light’s costs in restoring power after Hurricane Matthew in 2016. That follows the regular Public Service Commission meeting (see above), Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee.
The Citizens Property Insurance Corp. Information System Advisory Committee will hold a conference call at 10 a.m. Call-in number: 1-866-361-7525. Code: 4869641229.
Cissy Proctor, executive director of the Florida Department of Economic Opportunity, will speak during a Daytona Regional Chamber of Commerce event at 3:30 p.m., Daytona Beach International Airport, Dennis McGee Room, 700 Catalina Dr., Daytona Beach.
Former Florida State University quarterback and basketball player Charlie Ward will take part in the 2018 Prudential Productivity Awards ceremony. The program, whose sponsors include Prudential and Florida TaxWatch, honors state employees who reduce costs and improve services. Ward won college football’s Heisman Trophy in 1993. That’s at 5 p.m., Florida State University, Ruby Diamond Concert Hall, 222 South Copeland St., Tallahassee.
Rep. Julio Gonzalez, a Venice Republican running in Florida’s 17th Congressional District, will hold a meet-and-greet event in Sarasota County. CD 17 opened when U.S. Rep. Tom Rooney, R-Fla., decided against seeking another term. That’s at 6 p.m., Venice Yacht Club, 1330 Tarpon Center Dr., Venice.
Rep. Clay Yarborough, a Jacksonville Republican, is expected to discuss legislative issues during a meeting of the Greater Arlington Republican Club. That’s at 6:30 p.m., Arlington Community Academy, 5900 Fort Caroline Road, Jacksonville.
