What’s Next for FLCAN

Even though lawmakers did not take up the Cathy Jordan Medical Cannabis Act in 2013, Florida CAN isn’t daunted or distracted from our mission. We are more determined than ever to see safe, therapeutic access to cannabis for people in Florida.

You can check out our reports about the legislative session but in short it was exciting, eye opening and encouraging. One southwest Florida lawmaker started our meeting by saying he KNEW cannabis was Safer than alcohol. A second owns a nursery business, he knows cannabis is an up and coming market and he wants in too. The battle was half won – at least they know the truth and for some of them its important. Now, getting them to act on the truth… another in a series of challenging things for CAN to accomplish.

For now, Florida CAN is ready for the next chapter.

The addition of Florida trial attorney, John Morgan, onto the list of Floridians actively working to change cannabis laws puts Florida squarely on course for some sort of legal medical cannabis scheme. Whether through an act of the Feds, through our state legislature or by popular vote in November 2014, legal medical access is coming to Florida.

To support the efforts of Floridians to change cannabis laws, we took a lease on a wonderful office just west of US 1 in Melbourne, FL. We need help now getting the place ready for the public. You can follow our progress here on our blog, on this page dedicated to opening the office, on our website or on Facebook.

Whether it is a gathering place for training, a collection site for petitions, a workspace for talented writers, graphic artists, would be video producers or a fun place to host a Sunday members-only pot-luck dinner, the office is going to be a great addition to the Florida reform efforts.

Our soft opening is June 19.  By the soft opening, we plan to have programs in place, jobs for volunteers and an idea what hours make sense for our volunteers and staff. We hope the public will embrace our July 14 grand opening. Our grand opening ribbon cutting ceremony will be at 12:30 July 14. We hope you’ll mark your calendar and make an extra effort to be counted among the faithful who will see cannabis safe, legal and available in Florida.

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?

Drugs can't surrender

Nearly ten years ago my husband and I attended a presentation by Cato Fellow, Sanho Tree. Sanho had been studying US eradication efforts in South America. The presentation to a classroom full of University ofCentral Florida NORML students was a frank discussion of the havoc our drug problem was wreaking on native populations. 

Sanho talked at length about the War on Drugs but tonight, one of his observations echoes in my mind. 

If this is a War on Drugs and the drugs can’t surrender, how we will we ever work out an exit strategy?

We’ve been in Tallahassee for a month now, two weeks during committee hearings, a week when lawmakers were at home and last week, the first week of session. From the moment the Speaker of the House and the President of the Senate gaveled the session open, the legislature was on the move. On the agenda, everything but an exit strategy for the war on drugs and safe, legal access to cannabis.

If we want sensible drug policy on the agenda this year, we need the seven out of ten Floridians who support medical cannabis to do more than just nod in agreement. We need a division of letter writers, tossing Letters to the Editor to every paper in the state. We need skilled wordsmiths to hone their material and head out to the city council meeting to battle for a resolution supporting legal access to cannabis for patients in Florida. 

If you live in the panhandle, know someone in Niceville or can find a good way to reach out to people who live in President of the Senate, Senator Don Gaetz’s district we need you to put boots on the ground. We need to take hearts and minds in those rural counties between Panama City and Pensacola. The heart of North Florida is home to the man who holds the fate of our patients in his hand. Until Senator Gaetz and Speaker of the House Will Weatherford are properly motivated to move on reforming cannabis then simply will let another year pass. 

The drugs can’t surrender and neither can we. Patients need access to the best medicine and in many cases, the best medicine is cannabis. Where do you stand in the War on Drugs? There are many things you can do to help, but nothing helps more than a person visit to your state lawmakers office. Learn who your lawmaker is by clicking here.

Calling to register your support for the Cathy Jordan Medical Cannabis Act (SB 1250 in the Senate and HB 1139 in the House) is really important and if you have a phone tree of friends, encourage them to call too. 

The battle cry – no surrender, no retreat.

Day 7 of the legislative session

53 Days remaining to provide safe legal access in Florida

One Mind at a Time

Days in Tallahassee 15
Remaining committees 7
Remaining Days for bills to be heard 28
Remaining days of funding 15


The atmosphere in Tallahassee changed this week. The Speaker of the House released his budget appropriations and now the wheeling and dealing starts. It’s also harder to get appointments and the sub-committee meetings are coming to a close.

We created a statewide day of action today. While hundreds of people made phone calls today, I escorted Amy from Jacksonville around the Capital. We were popping in on the Jacksonville delegation in addition to the regular appointments I had scheduled.

Tallahassee has circles within circles and delegations are one of those circles. The Jacksonville delegation is made up of everyone whose district touches Duval County and will include other representatives from neighboring counties who share an economic interest. While it’s getting harder and harder for Representatives to make time for me, constituents may get a minute or two. At the very least, the Aide is happy to take your information and tell the Representative you stopped by.

Meeting with aides may not be our first choice, but knowing the aides, being on good terms and sharing your story with them is always a good idea. Representatives are term-limited, their aides aren’t. Many of the aides have worked in Tallahassee for years, they move from office to office. They understand how to make things happen and have their finger on the pulse of the building. Several aides have confessed to knowing someone who benefited greatly from cannabis. Several have confessed to burning a few themselves.

We arrived early for our last appointment of the day. With aching feet it was good to find a spot to sit awhile. A companion joined us in a lounge setting near the Representatives office. He struck up a conversation, first mentioning he’d seen me around the building. We chatted casually about long days away from home, over-achieving children, just small talk. His briefcase proudly displayed the Florida Chief of Police Association.

After a few minutes of socializing, I ask if he is still with the Association. After he proudly introduces himself, I tell him the Association is on my list of appointments this week. He asks my business – once I tell him – we had the usual reply. Hands out, pushing back, whooooo, not sure that we’re on the same side on that one. Twenty minutes later, when we were told the Representative wasn’t going to make it back for our meeting, we didn’t care.

Our new friend was a former drug cop and big agency guy working narcotics going back to the 70’s in South Florida. He is currently consulting with a Michigan police department that isn’t liking the medical cannabis dispensaries in their towns at all. I explained that is why we want police on board now, to help create a system that works for everyone.

Police know cannabis isn’t going away. We pushed through the gateway theory, he couldn’t argue with sugar being the first drug we use to abuse! We had an affable conversation. In the end it always comes down to medical cannabis being the first step and us wanting more.

I explained that once you started to look at this you realize without this medicine some people are going to die. We think those people need to be taken care of first, but who can look at the young people incarcerated and the time wasted on cannabis investigations without being moved to object. The right answer is regulating and controlling it. So, I asked, since that is what we want, a regulated and controlled system, where is the compromise? His answer, “A good medical cannabis access program.” Yeah, that’s what we thought too. See we can come together on this issue.

He started the conversation because I was familiar to him. He kept having the conversation because we were sincere, polite, thoughtful, non-accusatory and kind. In the end he called our mission God’s work. One day at a time, one mind at a time, we are winning this was just as surely as the Berlin Wall was destined to fall.

Our call in program went really well today. Hundreds of calls were reported.

The big issue of the day at the Capital is the removal of Senator Frasano as the Chair of the Criminal Justice committee. The leadership, the Governor and President of the Senate want to sell our prisoners to private prison companies, (the same jokers who spent tens of thousands on campaign contribution to leadership during the last election). Frasano was asking tough questions and standing up against selling our prisoners to the highest bidder. In the middle of a committee hearing the President of the Senate interrupted the meeting, fired the Chair and appointed a new chair person.

If we want to move medical cannabis in Florida through legislators who act like that when they are challenged, we have to be loud and proud.

Florida's Leadership Crisis

Day 13
Remaining Committees 7
Remaining Days to hear the bills 34
Remaining Funding - 17 days

While our calls and e-mails are having a tremendous impact on the reception I am getting in Tallahassee, it is apparent we have a leadership crisis.

Lawmakers are opening their eyes to the incredible impact this plant has on a variety of ailments. Personal stories and the sheer flood of e-mails is like a rising tide, it lifts all boats.

The problem is, Florida has a leadership crisis. Republican hold a firm majority in both the House and the Senate, since both HJR 353 and SJR 1028 are sponsored by Democratic, the leadership is in no hurry to act on our bills.

While committee chairs have a lot of pull, the agenda is set by the Speaker of the House and the President of the Senate. There is one person from the House and one person in the Senate beside the Speaker and President who can give our bills the consideration they deserve.

No Republican is going to stand out front on our issue until the leadership gives the nod. We need an opportunity to put all the Republicans in the same room, face-to-face with experts and patients. The perfect way to make that happen is a caucus workshop.

At the prompting of the Majority Leaders, the entire group of elected republicans will attend a caucus meeting. At these meetings, they hear from experts, discuss strategy, and receive their marching orders.

February 1, 2012, we are creating a coordinated statewide day of action. We need everyone to make just two simple phone calls.

February 1 we need people to call Senate Majority Leader Andy Gardiner at 850-487-5184; then call House Majority Leader Carlos Lopez-Cantera at 850-488-1993.

Here is a simple script you can follow. When the aide answers the phone,

Introduce yourself and tell them what part of the state you are from.
Explain what you have learned about medical cannabis or the effect medical cannabis has on your life or that of your loved one,
Here’s the important part,
Ask the Majority Leader to hold a caucus hearing so their members can get the same education about the benefits of cannabis you received.

We know cannabis is good medicine. We know cannabis is a safe medicine. The medical use of cannabis has stood the test of time. This is no new medicine. This isn’t even a new policy; 17 states already have protections for patients using cannabis.

Now we need to make sure the leadership hears from enough people to tip the balance to overcome our leadership crisis.

Making Tracks

Day 6
Remaining Committees – 7
Remaining Days to be heard – 40
Remaining funding – 24 days

Florida Cannabis Action Network President of the Board, Cathy Jordan, spent three days here in Tallahassee last week. As a person surviving with Lou Gehrig’s Disease she is truly an inspiration. Although she is wheelchair bound and requires constant assistance from her caregiver Adam, she made meeting after meeting.

Non-smoking hotels means if smoking cannabis is your medicine, you have to make alternative arrangements to medicate. In the cold, without proper medication, two sick friends stuck in the hotel and Cathy still made meeting after meeting.

When you work with people like that, complaining seems a little juvenile. That aside, being here is hard work. Long days, high stakes, add lots of walking and more than a little stress. We know how important our success is to the future of Florida.

A last minute decision on the part of the House Judiciary committee pushed back the committee hearing from 8 am to 9. Who knew. That extra hour of sleep would have been welcome; but watching the committee work was worth the early morning.

This morning, Preventing Deaths from Drug- related Overdoses HB 125 sponsored by Representative Bernard was on the agenda. In New Mexico, a similar bill was passed in 2005. It was part of a strategy by drug policy reformers to educate the legislature. Although Representative Bernard is a democrat, the bill enjoys bipartisan support. This bill passed easily through committee this morning. It was the support by law enforcement agencies that peaked my curiosity. Representative Bernard agreed to meet next week to give us advice on how to build those bridges with unlikely allies.

The same bill was introduced by Representative Bernard last year. It passed through all of its committees but didn’t make it to the floor for a vote. Not encouraging but a reality here in Tallahassee.

The Florida Senate was in session both Tuesday and Wednesday of this week, so today was my first opportunity to see them in committee. The more I watch bills make tracks though the committee the more clear it is how much we need leadership support.

If Senator Haridopolis and Speaker Cannon or the Governor doesn’t push for medical cannabis, it is unlikely our bill will be heard in the first committee. We aren’t done yet, but success will only happen with a ground swell of support.

A Day in the Life of a Bill

January 18, 2012

Day 5
Remaining Committees 7
Remaining days to be heard 41
Remaining funding 25 days

Yesterday, I promised to talk more about the committee process. Most of our government business at all levels of Government takes place at the committee level. State Government works on a tight schedule and with the sheer volume of bills they consider each year, committees run tightly.

The only thing the legislature is required to do annually (according to the Constitution) is pass a balanced budget. Every ten years, the legislative session starts early in order to accommodate the other mandate required of them, redistricting.

Because of redistricting our session started early this year. A typical session begins in February and runs for 60 days. Despite the early start, our regular session lasts 60 days. If lawmakers fail to pass a budget and redefine the legislative boundaries during the regular session a special session must be called.

Members may begin filing bills in the fall prior to the legislative session. For weeks prior to the regular session legislators attend “committee weeks”. Many of the bills that were pre-filed made their way through committees prior to the beginning of session.

House members are limited to six bills each, while Senators have an unlimited number of bills they can file. With 120 members in the House, over 600 bills jockey to be heard each session. The role I’ve been sent to accomplish is vital to the passage of a bill. Bills require someone who can shepherd them from committee to committee.

The Speaker or President of the Senate appoints committee chairs. Chair appointments bring a lot of power and attention. I’ve written before about how important it is to get leadership on board. If the leadership doesn’t believe in a bill, the Chair will ignore it.

So far this week I’ve been talking members of the Criminal Justice committee in the House. There are 15 people on the Criminal Justice Committee, 10 Republicans and 5 Democrats. Since the bill sponsor is a Democrat, my work this week was assuring we’ll get all the Democratic votes in the committee. With five votes in our pocket, we simply need to find 3 Republicans to support the bill in order for it to pass the first committee.

The big hurdle is getting the Chair to hear the bill. Perception is reality in Tallahassee. Lawmakers perceive their constituents don’t support medical access. The other perception is if a Chair hears a bill, they support the bill.

Our work is bearing fruit. Today I met with a Democrat who said, “If you had asked me about this bill two weeks ago, I’d have said no. Since then I’ve had a number of calls and e-mails asking me to support it. I did the research and now believe this is an issue that has merit and I support the bill.” The nearly 1000 e-mails generated through www.FLDecides.org is making a difference.
For this legislation to pass this year, we need an avalanche of support- lucky for us avalanches do happen. Perhaps since we’re in Florida, its more appropriate to look for the perfect storm. Either way, without the calls and letters you’ve generated, success would not be possible.

Tallahassee Trepidation

Thursday January 12, 2012
The last few days the reality of spending a month in Tallahassee is really hitting home. The trip to Tallahassee -350 miles one way – doesn’t lend itself to coming home much during session. There is so much to do in Tallahassee, and I don’t mean sight-seeing, it seems senseless to make the drive back to Brevard.

Session started Tuesday, Cathy Jordan, our president went up for the first week. Cathy knows her way around the Capital – she has represented this plant, herself and the plight of patients in Tallahassee and Washington, DC. Cannabis couldn’t have a better representative in Tallahassee.

She went up with her husband Bob, fellow Vietnam vet Frank D and caregiver, Adam. Frank arrived in Tallahassee with the flu. After days of preparation and a new suit, Frank was stuck in his room for the first two day. It made me realize how precious our time in Tallahassee is during session.

How can I make the most of every moment in Tallahassee? There are thousands of patients who suffer every day because they won’t break the law by using this medicine. Those already using cannabis, an untold number of Floridians, are placing their liberty at risk to protect their health.

I feel the weight of their fear. Why should someone be afraid to use a simple plant? I get so angry when someone calls cannabis the “demon weed” or some such. Do they not know according to the Bible in Genesis 1:29 “And God said , Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat.” I like the King James Version best, other versions say for you it shall be food. King James says meat – as hemp seeds are the second highest source of protein behind soy, I’d say meat is appropriate.

So, how do I prepare myself to represent this plant?

There is the practical, get those comfortable shoes resoled, print plenty of business cards. The real important stuff, hug the boys more, make more time to talk to them each day before I leave, tell my husband how much I love and appreciate him. Take lots of deep breaths, through my nose and believe with the help of cannabis supporters around the state, we will make the most of every day in Tallahassee.

Cannabis is good for me and its good for you.

Who would have believed I would learn so much in a hotel room. May 3, 2011, I had the great honor to spend a day in a hotel room in West Palm with Dr. Denis Petro and Cathy Jordan learning how cannabis is good for me and good for you too.

Cathy is an ALS survivor. The doctors will tell you there is no such thing as an ALS survivor. But, what do you call someone who was given 3-5 years to live over 25 years ago?

In January 1986, Cathy’s disease was confirmed by the teaching hospital at the University of Pennsylvania. The prognosis was fatal. The disease would ravish her system, they encouraged her to get her affairs in order and advised her on protecting her pulmonary system (quit smoking). Since that first diagnosis, Cathy has seen dozens of specialists at some of the finest hospitals in the country. Duke University, University of Miami, the list goes on. Cathy jokes about neurologists thinking they are God, she quickly adds that even a god would not be so arrogant as to believe they were a neurologist…

Most of the doctors Cathy has seen are most interested in helping her die with dignity. Cathy is more interested in living.

Dr. Petro flew to Florida to participate as an expert witness in the Jeffrey Kennedy trial due to start May 2. The prosecution dropped the charges against Mr. Kennedy leaving Dr. Petro free to meet with Cathy. Cathy and Ervin Dargon of Mingo Productions have been working together for years documenting her struggle to legalize cannabis in Florida.

As a patient advocate, Cathy fights every day for people who cannot advocate for themselves. Dr. Petro is an incredibly approachable advocate himself. He knows the historic politics of cannabis, and had a front row seat for the evolution of cannabis science. Dr. Petro has worked on motor neuron disorders for over 35 years. In the 1980’s Dr. Petro performed double-blind clinical trials with Marinol on MS patients. In his opinion, no other drug has the same effect on spasticity as cannabis.

As a specialist in MS, Dr. Petro has seen thousands of patients and testified in hundreds of trials. Until recently, both International MS patient advocacy groups had opposed cannabis use, now the U.K. MS Society provides patients with details about the various strains of cannabis. In the U.S. at least 50,000 patients with MS use cannabis daily instead of the spending thousands of dollars each month on traditional MS drugs according to Dr. Petro, yet many of them are subject to arrest for their medical decision.

It was fascinating to hear the Doctor talk about the affect cannabis has on the hippocampus; some species will have more impact on the hippocampus than others. Currently, in Colorado vendors supply over 30 cannabis preparations available to treat various systems. The right strain of cannabis will increase your acuity while another strain might make you sleepy.

When asked to help us overcome the objection to smoked medicine, Dr. Petro was genus. He talked about how we take medicine tends to be cultural. We had to laugh when we learned that most French people on anti-depressants us a suppository. Contrary to some people’s belief, the distribution of cannabinoids works best if administered as an inhalant or spray in order to get it to the brain and system quickly. By using it as an inhalant you allow for faster absorption, only intravenous injections would come near the absorption rate and smoking it rather than taking a pill or eating a preparation eliminates the interaction in the liver.

When asked about the future of cannabis, Dr. Petro said he believes by the end of 2011 the Department of Justice and the Drug Enforcement Agency will agree to schedule full spectrum cannabis based drugs as Schedule 3 products.

Cannabis-based drugs on the market, easily accessible to patients is a good thing if it happens. When Florida Cannabis Action Network designed its first strategy in 1999, we recognized moving Marinol to Schedule 3 as a positive step. When it was rescheduled, we celebrated it as a success. However, Marinol is expense, poorly promoted –therefore, rarely prescribed and even patients with access report it doesn’t work as well as smoked cannabis.

Cathy has no intention of giving up her plant in exchange for the next new thing. Just because the government has allowed pharmaceutical companies to take over a portion of the medical cannabis industry, Florida Cannabis Action Network is going to continue the crusade to give people access to this wonderful plant that can heal our bodies and prosper our planet.

Another Great Day in Florida Cannabis History

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!

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.

Why Valentines Day?

We spent the better part of Sunday working on the Omega Project. It was important that we put some finishing touches on the site before Valentine's Day. Why Valentine's Day? It's easy. Someone I love smokes marijuana. Someone I love is sick and cannabis makes them feel better. Someone I love will suffer and succumb to their illness without access to cannabis.

Floridians deserve to have access to cannabis if they are sick. 33% of America's live in a state that protects them from police when they use cannabis as medicine.

Last week, we had another legal support call. The man is over 60 years old, a retired vet - 23 years in the service of our country. He was arrested with less than 1 ounce of cannabis, he is facing a $1000 fine and upto 1 year in jail. He has traumatic brain damage due to his exposure to radiation in the service. How are we safer by using police resources to arrest him, tax dollars to prosecute and jail space to house him?

So - we launched the site yesterday. It has some bugs and areas we want to flesh out, but the new board is coming together, which means more voices to share their ideas here in After Thoughts.

I'm Excited about the Omega Project. The beginning of the end. You know why we need to end cannabis prohibition and we know how. It's time.

Would 2010 be soon enough?

I spoke with Mitch with Creative Loafing today. He is writing a story about the medical marijuana initiative. PUFMM, the Florida Political Action Committee circulating the initiative still lacks the signatures necessary to make the 2010 ballot. Mitch was looking for my thought on the cannabis situation in Florida.

Florida law makers should be ashamed of themselves for not having made cannabis legal already and it is time they went on the record. Patients who use cannabis really are caught in the crossfire. 2010 is not soon enough! For once I named names. I told Mitch about the South Florida Representative - Mark Pafford, who says he thinks we should get control over cannabis by taking it off the illicit drug market.

Tomorrow, a young man goes on trial in St. Lucie county because he refuses to plead guilty to possession of 6 grams of cannabis. Cannabis helps him treat his MS. Possession of cannabis should not be a crime. While the Florida Supreme Court allows for a medical necessity defense, the judge in the case refuses to let him present it. I wonder if the fine people of St. Lucie county believe this is how they intend their tax dollars be spent. Is a young man with MS the culprit we need to be protected against?

Most people caught with cannabis will plead guilty. Law enforcement, prosecutors and defense attorneys will bill hours getting the plea deal. The defendant will hang their heads, profess a bit of shame, take their punishment and go home (where they will promptly put their feet up, crack a beer or pour a scotch while rolling another joint). There is no justice in the war on drugs.