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.

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.

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.