Peter Schorsch
First Shot
Lawyers for the state continue to insist that Tampa strip club mogul Joe Redner “does not have a constitutional right to homegrown marijuana.”
The Department of Health’s outside attorneys filed a reply brief in the 1st District Court of Appeal this week. The agency regulates the drug through its Office of Medical Marijuana Use.
In April, Circuit Judge Karen Gievers in April ruled that Redner — a 77-year-old lung cancer survivor — has the right to ‘home grow’ under the constitutional amendment on medical marijuana passed in 2016.
Redner’s physician says fresh, juiced marijuana is the best way to keep his cancer in remission.
Luke Lirot, Redner’s attorney, has said the state erroneously believes that the amendment doesn’t mean what it says: Approved marijuana patients may grow their own plants.
Rachel Nordby of the Shutts & Bowen law firm’s Tallahassee office argued that “the Amendment simply does not provide for the broad and expansive use of marijuana that Mr. Redner asserts,” or in other words, it hasn’t “hidden an elephant in a mousehole.”
The amendment’s “plain language commits the cultivation of marijuana for medical use in Florida solely to (licensed providers), not qualified patients such as Mr. Redner,” she said.
In fact, there’s a compelling state interest to do so, she added: To “maintain adequate controls against diversion or theft of marijuana cultivated for medical purposes in Florida.”
The court has not yet the case for oral argument, dockets show.
Redner, the owner of the Mons Venus nightclub, is a vegan. Gievers’ order limits him to no more than 8 ounces or raw marijuana daily, based on his doctors’ recommendations. Moreover, it applies only to Redner and allows him to “possess, grow and use marijuana” only for juicing.
Evening Reads
“How a future Donald Trump Cabinet member gave a serial sex abuser the deal of a lifetime” via Julie Brown of the Miami Herald
“Marco Rubio reiterates support for U.S. action in Yemen” via Ryan Nicol of Florida Politics
“Ted Deutch, Charlie Crist, Francis Rooney introduce climate change carbon bill” via Scott Powers of Florida Politics
“Democrats eye 15th Congressional District for 2020” via William March of the Tampa Bay Times
“Travis Hutson not in doghouse, despite POLITICO’s take” via Peter Schorsch of Florida Politics
“Bill again filed to make it harder to amend Constitution” via Florida Politics
“Elections leader: Reform after recounts can’t be rushed” via Jacob Ogles of Florida Politics
“Leon County crime rate dips almost 8 percent in first half of year” via Karl Etters of the Tallahassee Democrat
“2018 hurricane season wraps up with above-average activity” via Josh Solomon of the Tampa Bay Times
“Freshwater may hold key to managing Lake O’s toxic algae, study finds” via Jenny Staletovich of the Miami Herald
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Wake Up Early?
The 7th Circuit Judicial Nominating Commission will interview applicants to fill a vacancy caused by the death of Circuit Judge Clyde Wolfe. That’s at 9 a.m., St. Johns County Courthouse Annex, 4010 Lewis Speedway, St. Augustine.
The Florida Chamber of Commerce will continue an annual insurance “summit,” with a discussion of issues such as how blockchain and automated vehicles will affect insurance. That’s at 9 a.m., JW Marriott Miami, 1109 Brickell Ave., Miami.
The Florida Supreme Court is scheduled to release its regular weekly opinions at 11 a.m.
The state Revenue Estimating Conference will analyze issues related to the communications-services tax and the gross-receipts tax. That’s at 1:30 p.m., 117 Knott Building, the Capitol.
The Gulf Consortium Board of Directors, which works on issues related to the Deepwater Horizon oil spill, will meet in Hillsborough County. That’s at 4 p.m., Tampa Marriott Waterside Hotel & Marina, 700 South Florida Ave., Tampa.
Former Gov. Jeb Bush is slated to give the keynote address at the Florida Association for Insurance Reform’s annual awards gala and benefit. That’s at 5:30 p.m., JW Marriott Miami, 1109 Brickell Ave., Miami.
