April 29 was a great day in Florida cannabis history. Jeffrey Kennedy, a pain patient from Boynton Beach was scheduled to present a medical necessity defense on Monday morning May 2nd in a Palm Beach Courtroom. Prosecutors dropped the charges rather than go to trial.
Florida has one of the strongest medical necessity defenses in the country. Established in 1991, Florida patients who meet strict criteria may present testimony at trial – known as an affirmative defense allows a compassionate jury to acquit the defendant. Jeffrey cultivated cannabis in consultation with his doctor. The defense was prepared to bring on top tier nationally respected doctors to put the efficacy of cannabis on the record. The prosecution blinked.
Nullification- when a jury decides that the law the defendant has broken, in this case cultivation of cannabis for medicine, is less harmful to society then the alternative, is a viable tactic. It requires serious people to risk their freedom and seriously ill people to risk their lives. Nullification is based on raising a level of awareness in a community to the point where a jury will not convict.
Palm Beach and Broward groups are raising the awareness in their community. This legislative session lawmaker, Jeff Clemens introduced the first medical cannabis bill in Florida since1978. He knows his constituents support cannabis reforms and this was just a baby step.
Today, Jeffrey Kennedy and his loved ones can breathe a sigh of relief. The battle is over for Jeffrey. In looking the legal system square in the eye, putting it all on the line, he won. Cannabis is his medicine. The court knows it.
Here at FL CAN we wish Jeffrey all the best. We thank him for his courage and heroism. Jeffrey, on behalf of people just like you we are committed to changing cannabis laws in Florida any way we CAN!
Saturday, April 30, 2011
Friday, April 15, 2011
Florida’s Quest to Legalize Cannabis
The annuals of cannabis history remind us of the role Floridian's played in securing legal safe access for patients using cannabis. Florida courts were the first to recognize cannabis as a treatment for HIV, AIDS and glaucoma. The late Bob Randall Cathy spearheaded the creation of the Federal Compassionate Access program. Bob was joined by Elvy Musikka and Irv Rosenfeld, Florida residents who were among the first legal users since the passage of the Controlled Substance Act.
While early Florida efforts made the way for reforms in other parts of the country, the states own drug mania, fueled by the founders of the Partnership for a Drug-Free America and the Jeb Bush administration, led to the most regressive laws in the nation. Current Florida laws make possession of one seed, or one leaf, a misdemeanor punishable by up to a year in jail, loss of driver's license, drug treatment, and urine testing while under community control. Florida remains among a handful of states that continue to disenfranchise felons long after the completion of their sentence and a mere 21 grams or three-quarters of an ounce is a felony.
Cathy Jordan (Bradenton) and Angel Hernandez (West Palm) know how important it is to change the laws in Florida. Cathy has been living with Lou Gehrig's disease for over 20 years. This living miracle attributes her every breath to the use of cannabis. Patients with ALS or Lou Gehrig's disease are known to lose lung function and often need feeding tubes when throat muscles fail. Smoking cannabis and subsequently coughing, keeps her lungs clear and muscled strong. Angel, a 33 year old MS patient has documented his increase in function since using cannabis therapy. When a St. Lucie County Judge ruled his 6 grams of cannabis was worth of one year probation and drug testing Angel was forced into an impossible situation. For Angel, not using his medicine is akin to a death sentence, using his medicine, a jail sentence.
There are four ways to change Florida cannabis laws. Our challenge becomes making sure everyone with an interest in this issue is working on at least one path to reform.
The Florida Legislature meets for two months each year beginning in March for a 60 day session. The bicameral legislature must pass the same bill through both bodies before it can be signed by the Governor. Since 1978, only one Florida lawmaker, Democratic freshman, Representative Jeff Clemens has taken the plight of patients seriously. His bill, HJR 1407 died in the Criminal Justice Subcommittee. Which means the Florida House and Senate is poised to pass through another legislation session without addressing the needs of patients or reducing the penalties for possession. While we are done for this legislative session efforts to get a bill in both the House and Senate continue.
Two political action committees are pursuing petitioning efforts. The People United of Medical Marijuana have been collecting signatures to put protections for cannabis use in the Florida constitution; while the Florida Committee for Sensible Marijuana Policy is petitioning communities to make possession a civil penalty. Florida law allows for amendments to the Constitution by petition and the strong home rule protections make local municipalities a high value target.
For patients like Angel, who are facing criminal penalties or charges,legal teams are asking the court to agree cannabis is a medicine and invalidate criminal penalties.
One person could end the suffering of patients, remove the threat of prosecution and save the state tax dollars with the stroke of a pen; FL Statute 893.0355 delegates the authority to reschedule cannabis to the Florida Attorney General.
Legislature, petition, courts and the Attorney General- Courageous Floridians made the way for over 33% of the country to live under laws protecting patients and their caregivers. We welcome a new generation of reformers to become part of the Florida Cannabis Action Network - All about Cannabis, All about Action, All about Network with one goal, bringing sensible cannabis policies to Florida.
While early Florida efforts made the way for reforms in other parts of the country, the states own drug mania, fueled by the founders of the Partnership for a Drug-Free America and the Jeb Bush administration, led to the most regressive laws in the nation. Current Florida laws make possession of one seed, or one leaf, a misdemeanor punishable by up to a year in jail, loss of driver's license, drug treatment, and urine testing while under community control. Florida remains among a handful of states that continue to disenfranchise felons long after the completion of their sentence and a mere 21 grams or three-quarters of an ounce is a felony.
Cathy Jordan (Bradenton) and Angel Hernandez (West Palm) know how important it is to change the laws in Florida. Cathy has been living with Lou Gehrig's disease for over 20 years. This living miracle attributes her every breath to the use of cannabis. Patients with ALS or Lou Gehrig's disease are known to lose lung function and often need feeding tubes when throat muscles fail. Smoking cannabis and subsequently coughing, keeps her lungs clear and muscled strong. Angel, a 33 year old MS patient has documented his increase in function since using cannabis therapy. When a St. Lucie County Judge ruled his 6 grams of cannabis was worth of one year probation and drug testing Angel was forced into an impossible situation. For Angel, not using his medicine is akin to a death sentence, using his medicine, a jail sentence.
There are four ways to change Florida cannabis laws. Our challenge becomes making sure everyone with an interest in this issue is working on at least one path to reform.
The Florida Legislature meets for two months each year beginning in March for a 60 day session. The bicameral legislature must pass the same bill through both bodies before it can be signed by the Governor. Since 1978, only one Florida lawmaker, Democratic freshman, Representative Jeff Clemens has taken the plight of patients seriously. His bill, HJR 1407 died in the Criminal Justice Subcommittee. Which means the Florida House and Senate is poised to pass through another legislation session without addressing the needs of patients or reducing the penalties for possession. While we are done for this legislative session efforts to get a bill in both the House and Senate continue.
Two political action committees are pursuing petitioning efforts. The People United of Medical Marijuana have been collecting signatures to put protections for cannabis use in the Florida constitution; while the Florida Committee for Sensible Marijuana Policy is petitioning communities to make possession a civil penalty. Florida law allows for amendments to the Constitution by petition and the strong home rule protections make local municipalities a high value target.
For patients like Angel, who are facing criminal penalties or charges,legal teams are asking the court to agree cannabis is a medicine and invalidate criminal penalties.
One person could end the suffering of patients, remove the threat of prosecution and save the state tax dollars with the stroke of a pen; FL Statute 893.0355 delegates the authority to reschedule cannabis to the Florida Attorney General.
Legislature, petition, courts and the Attorney General- Courageous Floridians made the way for over 33% of the country to live under laws protecting patients and their caregivers. We welcome a new generation of reformers to become part of the Florida Cannabis Action Network - All about Cannabis, All about Action, All about Network with one goal, bringing sensible cannabis policies to Florida.
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