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!
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