Cutting Through the Fog (Prelude)

It is a beautiful, foggy Florida morning. Driving across from the east to the west coast, it almost seems as if the fog is lifting with the morning sun immediately ahead of my headlights. Doesn't seem so foggy where I am, but just up ahead, it seems like pea soup.

We are seeking to inform veterans -- many of whom we strongly believe could benefit from the use of marijuana for a variety of ailments, including post traumatic stress, cancer, and other neurological disorders -- that cannabis is being legally and effectively used by veterans in other states.

The policy of the Veterans Administration on cannabis, while good for veterans in legal states, is one of exclusion. As my friend Al Byrne puts it, VA is practicing treatment by geography. They allow the use of cannabis in courses of treatment in 20 states, but it is disallowed and grounds for removal of pain medication in the other 30 states where it is not legal to consume cannabis, an inhumane policy when you consider that the purpose of using cannabis in many of these cases is to reduce the amount of debilitating medication they need to effectively manage their pain.

Today is day three of the tour, and I join the gang at the Bay Pines VA Medical Center. Our goal this week is to get information in the hands of veterans. There will be legislation and ballot initiatives to consider this year in Florida, and we need to make sure that our veterans and our Veterans Administrations are prepared for it. 

Most importantly, everyone involved needs to understand how urgent the matter is. We cannot wait for the FDA. We cannot wait for the DEA. We cannot wait for the NIDA. We can barely even wait for the Florida Legislature to act. Allowing the charade of Reefer Madness to continue hurts our veterans in ways we have only begun to calculate.

Office Opening soon, check it out

The grand opening is approaching faster than we could have imagined. Even though we are still weeks from the July 14, 2013 Grand Opening we are already seeing a steady stream of worker bees visiting the office, completing tasks and helping establish FLCAN’s place in the community.

Here is a short video showing how the office is coming together and thanking the folks who helped.

We are really excited about the roster of programs and activities planned for the office. If you are already out talking publicly about the need to change Florida cannabis laws, we want you in the Network. United we are invincible.

Here is a webpage where you can see what we need and how you can still help to get the office ready.

Where are We Now?

Day 42 of the 60 day Legislative Session brings a sense of anticipation. Last week four Republican Representatives said if the Florida Medical Association won’t get on board; we should go for legalization and they would support a system of regulation and control!

To those who have taken the time this legislative session to send an e-mail or make a phone call, I cannot thank you enough. Being so close to the process, spending every day in Tallahassee listening to the lawmakers, it is easy to see how much of a difference you are making. Lawmakers are getting the message loud and clear. Incoming Speaker Crisafulli assures me that reforming cannabis policy is a conversation happening at the highest level of Florida government.

The legislative process is slow and cumbersome. Just like it takes time to change the direction of a great ship; so it is with the moving the great state of Florida. I have come to believe this group of elected officials in Tallahassee is ready to right the wrongs of their predecessors, but it is a slow going. Nowhere is the law of unintended consequences more strongly felt then in cannabis policies; and many of our lawmakers get it. Where the intent may have been to protect the most vulnerable; the reality is those who could most use access to cannabis are made fodder for the criminal justice system.

Florida CAN has made the case for sensible reforms before the decision makers in our state. We have brought an incredible cast of characters to Tallahassee to speak on your behalf– and we are not done yet! This week, The Black Tuna Robert Platshorn, host of “Should Grandma Smoke Pot?” is joining me for a day at the Capitol.

Over the past weeks we have introduced lawmakers to senior citizens Cathy Jordan, Bob Jordan, John Chase, and Frank Dougherty. Most people have heard the story of Cathy Jordan, but few recognize the sacrifice Bob made in Vietnam. In March, Bob and Frank spent several days walking point for veterans in Florida. Florida is home to 1.6 million veterans. The VA – the only federal agency that practices medicine – has a directive allowing the use of cannabis where lawful under state statutes. John Chase of Pinellas has studied the harms of alcohol prohibition and used his time in Tallahassee to talk about the harms associated with this policy of prohibition.

Neill Franklin of Law Enforcement Against Prohibition joined FLCAN staff at the Capitol March 19th. Neill was on a two-week tour of Florida speaking about the unintended consequences of prohibition. Also representing sensible cannabis policies in Tallahassee that week was Ethel Rowland – woman of many hats; Jeff Borg – ACLU Board of Directors and Eric Stevens - FLCAN’s legislative liaison. Ethel and Eric bring great drug policy credentials to the table. Eric, a south Florida activist, was trained by American’s for Safe Access to advocate for cannabis reform. Ethel is a seasoned activist artist who uses her time and talent to expose the consequences of prohibition.

When we asked supporters to reach out to Representative Roberson, Chair of the House Quality Sub-Committee, more than a 1,000 of our supporters responded. Though he ultimately ran out of time for the workshop, when we cornered Representative Roberson he said if he had done a workshop on the “Cathy Jordan Medical Cannabis Act” that would have been the only thing reported that day. While it works for me, apparently, what Representative Roberson is doing was bigger than our need for safe, legal access to cannabis without fear of a jail cell.

This past week, we asked you to write Senator Bean and encourage his committee to host a workshop to hear expert testimony on therapeutic access to cannabis. The Senator was on board to workshop the bill when President of the Senate, Don Gaetz, – Republican from Niceville, added a number of bills to the committee, putting ours off the agenda!

What did Don Gaetz think is more important than making sure people who may lose their life or their senses have access to cannabis? One bill making its way through the legislature deals with what color you can dye baby chicks at Easter.

Last week was a tipping point in the minds of many Florida lawmakers. Irv Rosenfeld, one of four surviving patients who receive cannabis from the Federal Government joined Cathy Jordan and the FLCAN team in Tallahassee. Tony Clymer of the Silver Tour and NORML of Florida was part of our team walking door-to-door with Eric Stevens, Cathy Jordan, Irv Rosenfeld and myself.

With the prosecutor accepting Cathy has a medical need for cannabis even lawmakers are beginning to wonder how we can continue to give cannabis to one man, Irv and deny it to Cathy.
There are still rules that will allow the Cathy Jordan Medical Cannabis Act to go to the floor for a vote this year, but the changes are slim. Once in a while, the long shot wins and we all love to watch the story unfold.

Even as I write, several opportunities still exist for us to pass a bill this session that will allow safe access to cannabis before November of 2013. Patients out of time cannot wait another year for lawmakers to find the will or voters to pass a constitutional amendment; they need access now without fear of arrest. Rest assured, FLCAN will continue to explore every avenue available to assure that those you love have access to this plant.

We invite those who want to be sure we get access to therapeutic cannabis to do more than just wait for someone else to act. FLCAN has provided you with all the tools you need to pass a resolution of support in your home town or county. Passing resolutions of support in Florida puts pressure on the state to create safe access but it also puts pressure on the Federal Government to untie the hands of the states hesitant to step outside federal guidelines on cannabis.

FLCAN has one more opportunity to move decision makers into championing our cause. Friday, April 19, 2013 the Republican Party of Florida is hosting a walk to raise money for the cure to ALS – Lou Gehrig ’s disease. For three months, Cathy has been a living, breathing example of a patient who may have a key to the cure.

You can be part of the historic opportunity to energize leaders of the Republican Party to take the steps necessary to give patients access to cannabis now! They can remove the Cathy Jordan Medical Cannabis Act from its committees of reference and send it to the Floor. It requires the will of the President of the Senate and Speak of the House to happen- they will not do this if they think it is safe to ignore this issue.

If enough people come forward demanding access to cannabis there is one last tactic the leadership can use to grant us immunity from prosecution while we create a system that allows therapeutic access. Lawmakers can create a committee bill that will strike cannabis from section 893 of the Florida Statute.

Everyone who can read knows cannabis does not belong in Schedule 1 of the Controlled Substance Act. This is it, with only days to go, activate your phone tree, share our messages with friends and keep those calls and letters coming!

This year I’ve raised the battle cry from Key West to Pensacola- “No surrender, no retreat” we are right and the people need us to stay the course. Victory is ours….




Jodi James, Executive Director

FLCAN continues to fight the good fight. Will you dig deep and make a contribution today to assure we can be a leading voice in creating responsible cannabis policies for Florida?

The 900 Pound Gorilla in the Room

So here we are, over 40 years since the passage of the Federal Controlled Substance Act and the overriding moral of the story seems to be prohibition still doesn’t work. About 10 years ago, when I was working with Law Enforcement Against Prohibition, a friend and I were working around the clock to help people understand the failures of prohibition. We sat in room after room with people working on the ancillary issues caused by prohibition. We felt it was easy to see the real damage was created by prohibition and the rest were symptoms. We called prohibition the 900 pound gorilla in the room that no one wanted to discuss.

In an e-mail exchange today a new ally called prohibition the dead elephant in the room. In a Republican led legislature we don’t take stabs at elephants, but none the less ….

Whether you want to call it a dead 900 pound gorilla or a dead elephant the metaphor is working for me. I like the idea that we have gone from a big, damn beast – screeching – terrifying and something no one wanted to face, to a carcass. A stinking mess even. So how do you get a dead gorilla out of the middle of a room, unfortunately the answer may be – one piece at a time.

I’ve never been much of an incrementalist. I worked with cops calling for the end of prohibition and when you look at the likes of Al Capone and the corruption laid out in shows like the HBO drama Boardwalk Empire, you have to look twice at prohibition. But prohibition is a huge beast.

Our medical cannabis bill in the Florida House and Senate isn’t perfect, but it begins the process of cutting the dead gorilla into manageable pieces. Even I had no idea how illegal cannabis is in Florida. Statute after statute makes cannabis a little more illegal. So while HB 1139 and SB 1250 are only talking about medical access to cannabis and does nothing for the 40,000 people arrested in Florida for under 20 grams of cannabis, it does takes patients out of the criminal justice system and that is a good place to start.

We need good policies. We want cannabis policies that increase public safety, protect patients and provide the public with piece of mind. We need the stinking beast out of the room and we can do this, even if it means tackling the beast one piece at a time.





Day 8 of the legislative session
52 days left to bring safe, legal access to Florida in 2013.

Why the Drug War Puts Drug Dealers in our Middle Schools

Survey after survey, from schools across the country are telling us the same story, echoing what our own children are telling us; it’s easier to get some illegal drugs than alcohol or cigarettes. Often students will assert that they can get marijuana within 15 minutes to an hour. How did we get to this point? It’s not from a lack of effort, or funding. We were willing to fund what ever the never ending drug war seemed to require (asked for). 

Well  folks, the fact is that when a society prohibits the use or possession of something that is in demand, the distribution system changes and costs go up. Way up! The reality is, when you prohibit something you’re saying, “No one can have this. No one can sell it or produce it etc., without the threat of criminal penalties.” You’re giving up any real control.

Under prohibition, demand won’t disappear and users will have to pay more to continue buying and using. Eventually they’ll pay a lot more. They’ll have to, because the manufacturing is risky, the distribution is risky, and sales are risky. Everyone in the loop is now a criminal and subject to serious penalties. Everyone in the chain must make enough of money to balance their risks of being arrested and jailed, or robbed and beaten, or worse. The prices go way up. With high profits at stake criminal organizations stand to make a lot of money providing parts or all of these services. Their profits probably won’t be used to build new schools in your neighborhood or fund neighborhood healthcare. Legal sales of regulated and taxed substances could fund these types of things.

 When the criminal justice system (which is now at a much higher risk of corruption from these impressive profits made by people willing to work outside the law) manages to incarcerate these new entrepreneurs, they’re replaced the next day with others who see the opportunity worth taking the risk. Meanwhile we pay for the jail time, and court time, and support for his or her family now that they’ve lost a bread winner. It doesn’t seem like any of this prohibition has helped us out in the least! A thoughtful person can easily make a good case that this series of ill-advised laws passed over the years have done little except exacerbate the situation. More drugs being used, more arrests, more spent on prisons enforcement, eradication, gang problems, corruption, etc. have been the result.

These “entrepreneurs” (drug dealers) can be quite clever when it comes to protecting themselves from the law. It’s common for a mid level dealer (that means there is a lot of them) to work with local kids under 18 to “help” with his sales/distribution business. Since the advent of the zero tolerance laws passed in school settings, these students risk much more than they realize. Who do you think these local kids will contact to expand their sales? Their friends, your kid’s school chums.

So what do we do?

·         Educate, educate, educate. Real information, honest discussions. Join a group like FLCAN and educate yourself, your friends and family.

·          Change our laws to regulate these banned substances. Then we gain control. Control over quality, strength, storage, distribution (we card folks for beer, right?) and more.

·          Reconsider our drug testing policies in schools. The results of the testing have prompted the use of “harder” drugs that pass through the body more quickly than cannabis. Drug testing may keep “at risk” kids out of band, or football or any other extracurricular, the exact activities that help kids stay away from drugs. Let’s see if what we’re doing is working or not. 

L   Learn from history. We’ve been here before with alcohol prohibition. We saw the results of prohibition as we looked back at alcohol laws' consequences in our history. Prohibition bred the gangs, the drive by shootings, the turf wars, the corruption of government and police, the increasing production of whiskey instead of beer and much more.

 This doesn’t look like a drug war. It looks like a gift to those who are willing take a little risk to make a lot of money and not pay taxes on it. It looks like a gift to private prisons. It looks like a way to control people of color who are arrested far more than white people who actually use more drugs per capita. It works to disenfranchise certain aspects of society when they lose their voting rights.

Now we’re seeing the unintended consequences of our generation’s prohibition, “The War on Drugs”.  What is sad, is we never saw the results we were trying to achieve.

·         It’s up to us to say, “Enough, this isn’t working, it’s costing us a fortune, it’s risking our kids and our future!” What else needs to be said?