Interested in growing marijuana in Florida? Unfortunately, home cultivation is prohibited under Florida’s medical marijuana program. If you have been thinking about growing marijuana in Florida, here are 10 things you should know.
1. Growing Marijuana in Florida at Home Is a Crime
Florida’s medical cannabis laws do not specifically cover the cultivation of cannabis. However, Florida law states that possession of 20 grams or less of cannabis is a misdemeanor punishable by up to one year in jail and up to a $1,000 fine. Therefore, growing marijuana in Florida is illegal.
Possession of more than 20 grams of cannabis is a felony. Penalties include up to five years in jail and up to a $5,000 fine.
2. Marijuana Growers Must Be Vertically Integrated
In Florida, medical marijuana companies must be vertically integrated. That means that a company is responsible for the cultivation of marijuana, manufacturing, transportation, and sale of cannabis products to medical patients. Vertical integration has been challenged by cannabis companies but affirmed by the State Supreme Court.
3. Marijuana Cultivation Jobs Are Growing
Florida is third in terms of total full-time cannabis jobs with 31,444 based on 2020’s numbers. In 2020, the state added 14,891 full-time cannabis jobs. Cannabis cultivation jobs are some of the most in-demand positions in the nation.
4. Florida Black Marijuana Farmers are Waiting for a License
After 4 years of waiting for rules to be developed regarding a new medical marijuana license, black farmers are on the verge of being able to apply. The ruling does not indicate when the license applications will begin being accepted.
A 2017 law required the state to grant a special license to “one applicant that is a recognized class member” of the “Pigford Class,” a designated a protected class of black farmers that won a settlement for a speciall license due to the history of racial discrimination by the U.S. Department of Agriculture.
5. 19 More Grow Licenses Must Be Issued
At the moment, Florida has 22 licensed operators in the state. However, the medical program has a schedule requiring new licenses to become available as the patient count rises. With more than 600,000 medical cannabis patients enrolled since the start of the program, the state must issue 19 additional licenses on top of the Black farmer license.
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6. Florida Farmers Can Grow Hemp
The Florida Department of Agriculture and Consumer Services (FDACS) provides farmers with a Hemp Cultivation Portal that allows them to submit applications for permits to grow hemp in Florida.
7. Home Cultivation Proposals Have Failed Several Times
Florida’s road to recreational cannabis legalization has been a failure. A recent citizen’s initiative to legalize recreational cannabis and allow adults to grow weed at home was struck down by the Supreme Court due to misleading language in the ballot initiative.
A new initiative by Regulate Florida is aiming to gain approval and enough signatures after it was rejected by the Supreme Court earlier in the year. It is unclear whether Florida will pass legal cannabis soon.
8. Florida Has an Optimal Grow Climate
Florida’s sunny climate makes it a perfect environment for growing cannabis. However, the state also experiences extreme levels of heat and humidity, which can negatively affect marijuana plants.
Florida’s fertile and healthy soil is ideal for sativa plants. Its optimal cannabis climate has made the Sunshine State the third largest indoor cannabis producer in the nation.
9. Only One Man Can Grow Cannabis at Home
Only one person in the State of Florida is legally allowed to grow marijuana at home. In April 2018, A Florida Court ruled that Joe Redner can grow cannabis at home for medicinal purposes. However, only he is allowed to grow marijuana in Florida.
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There are over 300,000 jobs in the cannabis industry. CTU trained me for one of them!
The judge’s ruling said that Redner is “entitled to possess, grow, and use marijuana for juicing, solely for the purpose of emulsifying the biomass he needs for the juicing protocol recommended by his physician.”
10. Florida A&M University’s Hemp Cultivation Research
Florida A&M University (FAMU) has partnered with three hemp producers to research the best hemp varieties to grow in Florida’s climate. Researchers hope to identify strains that will “thrive safely, efficiently, and cost effectively” in Florida. In addition, the research intends to determine the best soil preferences and best practices for growing hemp in Florida.
Enroll in Cannabis Training University
Knowing Florida’s state regulations can help you use cannabis safely and legally. If you want to get a complete cannabis education, enroll in Cannabis Training University’s online marijuana school. Our complete curriculum covers all state laws, laws in Canada, and cannabis laws in several countries around the world.
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We are often faced with our own personal conflicts which directly influence our interactions with our peers and family.
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AYR Cannabis Dispensary Strengthens Florida Retail Footprint with Three New Locations
MIAMI, July 17, 2023 (GLOBE NEWSWIRE) — AYR Cannabis Dispensary, a cannabis retail chain owned by AYR Wellness, Inc. (CSE: AYR.A, OTCQX: AYRWF) (“AYR” or the “Company”), a leading vertically integrated U.S. multi-state cannabis operator (“MSO”), today celebrated the opening of three retail locations in Orange County, Florida. The opening of AYR Cannabis Dispensary locations Orlando (UCF), Winter Haven and Orlando (N. Orange Blossom Trail) expand the Company’s retail presence to 62 locations throughout Florida and brings AYR’s total footprint to 86 stores nationwide.
“We are proud to see our Florida retail footprint exceed 60 locations as we further broaden our reach across the state,” said Sevi Borrelli, AYR’s General Manager, Florida. “Our patients in Florida are our top priority as we launch new initiatives and drive growth for our Company. With nearly one million registered patients across our home state, I am thrilled to see us continuing to evolve our retail presence while building long-lasting relationships with our communities.” Patients are invited to celebrate the opening of the Orlando (N. Orange Blossom Trail) retail location on Thursday, July 27. The grand opening celebration will begin with a ribbon-cutting ceremony at 8:45 a.m. ET, followed by games, prizes, music and refreshments. Each dispensary will offer AYR’s suite of national brands and products. Additionally, consumers and medical patients at each dispensary can access special discounts, rewards and prizes by enrolling in the AYR Cannabis Dispensary Loyalty Program.
AYR continues to expand its presence in Florida, opening 10 new dispensaries statewide through the first seven months of 2023. The Company previously celebrated the opening of dispensaries in Tarpon Springs, Winter Haven, Palatka, Lake Mary, Land O’ Lakes, Orlando and Palmetto Bay earlier this year. To learn more about the company’s nearby dispensaries, product offerings or future openings, please visit http://www.AYRwellness.com.
We, at Inspirational Technologies are at the forefront of Inspirational and Frontrunners on the frontier of current technology.
We are often faced with our own personal conflicts which directly influence our interactions with our peers and family.
When Inspirational Technologies is an endorsement of the “Cannabis” approach to the medical condition, we say, let’s let the look at the data and the people who say that they benefit for cannabis alternatives.
1st Hemp USA News is a resource of Inspirational Technologies (2021-2023) Inspirational Technologies (2023) AllRightsReserved Your ONE STOP BLOG FOR INFORMATION, EDUCATION, & INSPIRATION OF ESSENTIAL INNOVATION & RENOVATION of You- THANK YOU FOR YOUR INTEREST *This site receives virtually no compensation for sales of some or all mentioned products. We however place humanitarian value over monetary interests. Our monetary income goes back into research, development, discovery and healing. Inspirational Technologies – is Committed to Your Health Wellness Beauty and EnrichmentReporting on Today’s Internal Botanical and Skin Product Benefits
4 Hemp Club was Inspired by Steven Smith’s vision to “Have an older generation 4H Club, where an older community of adults could carry on what the younger 4H Club envisioned. Our 4H Platform Uses HEMP as an Agricultural Focal Point, deserving of research, development and with the 4 Hemp key points being Health Hope and Happiness, thru Hemp“. Cannabis CBD and Me Inspirational Technologies Inspirational Technologies (2014) @Inspire123tech Background Noise Studios Logos bySteven M Smith
Florida Gov. Ron DeSantis (R), a 2024 Republican presidential candidate, has signed a bill banning sales of any consumable hemp products—including cannabis “chewing gum”—to people under 21, an expansion of an existing prohibition on young people being able to purchase smokable hemp.
The legislation, SB 1676 from Sen. Colleen Burton (R), was signed into law last week and took effect on Saturday. It also creates penalties for businesses that market hemp in a way that’s appealing to children and bans products that look like candy or are manufactured “in the shape of humans, cartoons, or animals.”
The bill prohibits the sale of hemp extract “including, but not limited to, snuff, chewing gum, and other smokeless products” to people under 21. A person who violates the revised statute would be subject to a second degree misdemeanor for a first offense and a first degree misdemeanor for a second or subsequent offense within one year of the initial violation.
“Hemp extract products found to be mislabeled or attractive to children are subject to an immediate stop-sale order,” the measure also says.
Additionally, the newly implemented law imposes rules on hemp product packaging. It requires, for example, that the containers mitigate “exposure to high temperatures” and do not appeal to children.
Further, the bill amends statute to make it so hemp products can only be sold if they are “processed in a facility that holds a current and valid permit issued by a human health or food safety regulatory entity with authority over the facility, and that facility meets the human health or food safety sanitization requirements of the regulatory enti
The legislation as introduced would have capped the THC limit for hemp products, but that was amended out in a House committee in April following significant pressure from hemp industry representatives.
DeSantis signed the bill without specifically commenting on it.
The governor separately signed a measure last week that prohibits sober living facilities from allowing residents to possess or use medical marijuana, even if the patient is certified by a doctor to legally use cannabis therapeutically in accordance with state law.
DeSantis’s marijuana policy comments and actions have come under the spotlight since he entered the race—and especially since he said recently that he would not decriminalize cannabis if he’s elected to the White House.
He argued, among other things, that marijuana use hurts the workforce, inhibits productivity and could even lead to death if contaminated. The position has earned him criticism, including by Democratic presidential candidate Robert F. Kennedy Jr.
DeSantis also talked about Florida’s medical marijuana program that was enacted by voters, saying military veterans are “actually allowed access” to cannabis under that model. But he said the issue is “controversial because obviously there’s some people that abuse it and are using it recreationally.”
“Misunderstood”
The Hemp Story
Several Republican 2024 presidential hopefuls have also addressed drug policy issues in recent weeks.
For example, former President Donald Trump seemed confused during a recent interview when he was confronted with the fact that his proposed plan to impose the death penalty on drug traffickers would have condemned a woman he pardoned and promoted as an example of a key criminal justice reform achievement during his administration.
At a CNN town hall event last month, former New Jersey Gov. Chris Christie (R) said that he would “end” the war on drugs if elected, emphasizing the need for a treatment-based approach to people experiencing addiction—while at the same time maintaining that he’d seek to increase enforcement against those who sell drugs.
We, at Inspirational Technologies are at the forefront of Inspirational and Frontrunners on the frontier of current technology.
We are often faced with our own personal conflicts which directly influence our interactions with our peers and family.
When Inspirational Technologies is an endorsement of the “Cannabis” approach to the medical condition, we say, let’s let the look at the data and the people who say that they benefit for cannabis alternatives. Inspirational Technologies (2023) InspirationalTech.org for your Health Wellness Beauty and Inspirational Goals
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4 Hemp Club was Inspired by Steven Smith’s vision to “Have an older generation 4H Club, where an older community of adults could carry on what the younger 4H Club envisioned. Our 4H Platform Uses HEMP as an Agricultural Focal Point, deserving of research, development and with the 4 Hemp key points being Health Hope and Happiness, thru Hemp“. Cannabis CBD and Me Inspirational Technologies Inspirational Technologies (2014) @Inspire123tech Background Noise Studios Logos bySteven M Smith
Since the beginning of 2023, five new recreational markets have launched, including New York, Missouri and Maryland, where sales began on Saturday. Those states alone added 37 million people to the legal weed column.
But that’s left plenty of holdouts — overwhelmingly in more conservative territory, particularly in the deep South. And there are increasing signs of a legalization backlash in deep red America: Voters in four states — Arkansas, Oklahoma, North Dakota and South Dakota — have rejected adult-use referendums in the last nine months. Every county in Oklahoma voted against a March referendum that would have legalized possession and sales for adults.
“The lower hanging fruit are increasingly picked,” said Karen O’Keefe, director of state policies at legalization advocacy group Marijuana Policy Project. “It’s going to require moving into states that are in many respects more challenging.”
Here’s a look at this year’s legalization action and what potentially lies ahead:
Legislation passed
MARYLAND
Adults lined up to buy legal weed on July 1, less than two months after lawmakers sent Democratic Gov. Wes Moore legislation establishing a recreational market. The state sold nearly $10.5 million worth of weed during its first weekend of sales. Making such a tight deadline to launch sales was a feat in itself, in part spurred by policymakers’ concerns that an illicit market could become more entrenched if the rollout took longer. That meant allowing existing medical marijuana operators to be the first to serve the adult-use market, which could make it more difficult for social equity applicants — entrepreneurs from marginalized groups who are prioritized for licensing — to break in when the state issues additional licenses in January.
Lawmakers are sure to return to the issue in next year’s legislative session. Democratic state Sen. Jill Carter — a key legalization advocate — praised a provision that would direct 35 percent of cannabis tax revenues to a fund for community reinvestment for areas that were disproportionately impacted by marijuana enforcement. But she’s concerned that the bill does not get rid of criminal penalties for distribution, nor does it provide a pathway for unlicensed weed sellers to get into the regulated industry.
“They need us to be intentional about bringing them into the fold,” Carter said.
MINNESOTA
Minnesota has forged its own unique legalization path. The state enacted a medical program in 2014, but didn’t allow smokable flower products to be sold until 2022. Then last July, the state legalized low-potency, hemp-derived beverages and edibles. The launch of that market sparked a boomlet of new cannabis businesses, but also raised public health concerns due to the lack of licensing and testing requirements.
Democrats won full control of the legislature in November, opening a pathway to full legalization. In May, a bill legalizing possession and sales for adults cleared both chambers — by just one vote in the Senate.
“We successfully avoided some of the pitfalls that in other states have led to the continuation of the illicit marketplace,” said Democratic state Rep. Zack Stephenson, the chief sponsor of the House bill, citing lower taxes and tough penalties for illicit sales as two important elements. “We created a lot of incentives to participate in the fully regulated marketplace.”
The recreational market isn’t expected to launch until 2025, although Democratic Gov. Tim Walz has suggested that Native American tribes could start adult-use sales much earlier.
DELAWARE
For the past five years, Democratic state Rep. Ed Osienski has been trying to legalize adult-use cannabis in the First State. This year, the indefatigable legalization advocate managed to shepherd a pair of cannabis bills to Democratic Gov. John Carney‘s desk in March: one to legalize marijuana possession for adults and another to set up a regulated market.
While Carney remains opposed to legalization — he vetoed one of Osienski’s bills last year — the governor allowed the bills to become law without his signature.
“My views on this issue have not changed,” Carney said in a statement. “I believe we’ve spent far too much time focused on this issue. … It’s time to move on.”
The licensing process for the adult-use market will begin in the summer of 2024.
Lawmakers overwhelmingly passed legislation in March establishing a medical program after years of failed efforts. The stumbling block had long been the Senate, but both GOP-led chambers backed the bill this year by two-to-one margins. The bill was strongly supported by Democratic Gov. Andy Beshear, who previously issued an executive order legalizing marijuana possession for medical purposes.
However, Kentucky’s program will include some significant restrictions: home cultivation and smokable products won’t be permitted, and there will be potency caps on all products. The program isn’t expected to launch until 2025.
“The legislation is not going to allow the industry to flourish as it should,” said C.J. Carter, director of the Kentucky chapter of Minorities for Medical Marijuana.
Legislation still alive
NEW HAMPSHIRE
A familiar story played out this legislative session in New Hampshire: the House passed an adult-use legalization bill, only for the proposal to die in the Senate in May.
Sununu’s newfound support for a marijuana monopoly model spurred lawmakers in the House to briefly consider attaching such a proposal to separate legislation. Though that effort ultimately did not go anywhere, lawmakers ended up sending a bill to Sununu’s desk last week that would create a commission to study state-controlled cannabis sales. The commission is tasked with producing a report that proposes legislation by Dec. 1.
NORTH CAROLINA
A bill to legalize medical marijuana is stuck in the North Carolina House. The bill passed the state Senate by a vote of 36-10 earlier this year — as it did last year — and now is running into procedural hurdles in the House.
House Speaker Tim Moore (R) told local news that he won’t bring the bill to the floor until a majority of Republican lawmakers say they’ll vote yes, something he says he does with every bill. Senate Rules Committee Chairman Bill Rabon (R) — the lead sponsor of the legislation — in retaliation added an amendment to an unrelated bill not allowing it to become law unless the medical marijuana legislation is also enacted.
If the bill can make it through the House, it will likely be signed by Democratic Gov. Roy Cooper, who supports medical marijuana legalization.
Market launches
CONNECTICUT
Connecticut launched recreational weed sales in January after legalization was approved in 2021. Existing medical marijuana dispensaries were the first to be able to serve customers over age 21, while social equity businesses were able to follow soon after through partnerships and joint ventures with established businesses.
Before the adult-use market could launch, Connecticut’s law required that there be a total of at least 250,000 square feet of approved grow space to ensure medical marijuana patients would have enough supply. Adult-use cannabis sales have been growing every month, while medical marijuana sales started falling in March. The state saw nearly $23 million in cannabis sales in May.
MISSOURI
Missouri’s new adult-use marijuana market is off to a robust start, with sales skyrocketing after the launch in February. The state surpassed $1 billion in marijuana sale this May.
The state also saw a 350 percent increase in cannabis industry jobs over the past year, surpassing all other state markets in job growth, according to a recent report from cannabis recruitment firm Vangst.
However, Missouri has not yet awarded microbusiness licenses, which were included in the legalization framework as a way to help small entrepreneurs and people harmed by disproportionate drug enforcement. The framework faced criticism from grassroots advocates during the legalization campaign because it bars microbusiness licensees from doing business with other licensees.
MISSISSIPPI
The Magnolia State’s much-anticipated medical market launched in late January. The relatively wide-open licensing rules have enticed lots of weed entrepreneurs to set up shop. More than 300 businesses have received licenses, including roughly 180 dispensaries.
But those businesses will be competing for a pretty small group of customers, owing to relatively stringent enrollment rules.
Lawmakers made changes to the program this year in hopes of making it easier to enroll. Among the adjustments: The Mississippi Department of Health will only have 10 days to approve a patient’s application, down from 30 days previously; and health care providers will be permitted to assist their patients in filling out the necessary paperwork to get a medical card.
Alabama is still working on implementing its medical program after lawmakers passed a bill to legalize medical cannabis last year. The state has the distinction of offering the most difficult application process of any state, according to industry officials with experience applying for licenses in restrictive medical programs.
As has become expected in any merit-based, limited license cannabis program, regulators have run up against legal challenges from applicants who lost out on the potentially lucrative licenses. It’s unclear whether the program will be able to launch sales by the end of the year as expected, after a judge enjoined state regulators from issuing final licenses amid litigation.
An effort to put a recreational use referendum on the ballot next year is being almost entirely bankrolled by Trulieve, the state’s largest cannabis operator. If successful, it could have significant political ramifications for next year’s presidential election as well, potentially reshaping turnout in a massive state that’s always crucial in national votes.
The legalization campaign has already collected in excess of 1 million signatures, surpassing the threshold needed to make the ballot. But Republican Attorney General Ashley Moody has asked the state Supreme Court to reject the legalization petition, arguing that it misleads voters in several ways, including by failing to point out that the drug remains illegal at the federal level.
OHIO
The Buckeye State has two potential avenues to legalize adult-use marijuana: Voters could have a chance to weigh in on a ballot initiative in November, or the state legislature could pass a bill. But legalization bills have gone nowhere in previous sessions, and a ballot initiative was rejected by voters in 2015.
For one, the group leading the push — the Coalition to Regulate Marijuana Like Alcohol — has learned from the failed 2015 initiative, which proposed a marijuana monopoly of 10 cultivation licenses for the campaign’s wealthy backers. This year’s initiative does not create a monopoly and would impose a relatively low 10 percent tax rate on adult-use sales. The campaign expects to turn in more than enough signatures to make the November ballot on July 5.
Meanwhile, a bipartisan pair of lawmakers introduced a bill to legalize recreational marijuana, which could serve as another avenue for legalization if the ballot initiative does not succeed.
Other states:
Advocates are aiming to get adult-use marijuana on the ballot in South Dakota in 2024, after a question failed at the polls in 2022. They’re also working to get medical marijuana questions before voters in Nebraska, Idaho and Wyoming — the latter two states could also see decriminalization initiatives at the ballot box in 2024.
We, at Inspirational Technologies are at the forefront of Inspirational and Frontrunners on the frontier of current technology.
We are often faced with our own personal conflicts which directly influence our interactions with our peers and family.
When Inspirational Technologies is an endorsement of the “Cannabis” approach to the medical condition, we say, let’s let the look at the data and the people who say that they benefit for cannabis alternatives.
1st Hemp USA News is a resource of Inspirational Technologies (2021-2023)Inspirational Technologies (2023) AllRightsReservedYour ONE STOP BLOG FOR INFORMATION, EDUCATION, & INSPIRATION OF ESSENTIAL INNOVATION & RENOVATION of You-THANK YOU FOR YOUR INTEREST*This site receives virtually no compensation for sales of some or all mentioned products. We however place humanitarian value over monetary interests. Our monetary income goes back into research, development, discovery and healing.Inspirational Technologies – is Committed to Your Health Wellness Beauty and EnrichmentReporting on Today’s Internal Botanical and Skin Product Benefits
4 Hemp Club was Inspired by Steven Smith’s vision to “Have an older generation 4H Club, where an older community of adults could carry on what the younger 4H Club envisioned.
Our 4H Platform Uses HEMP as an Agricultural Focal Point, deserving of research, development and with the
4 Hemp key points being Health Hope and Happiness, thru Hemp“.
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Ron DeSantis signed a bill prohibiting sober living facilities from allowing residents to use or possess medical marijuana even if the individual has a recommendation from a physician. Florida legalized medical marijuana in 2016 when voters passed a constitutional amendment.
DeSantis, who is in a volatile primary race for the Republican presidential nomination with Donald Trump, signed the legislation this week, reported Marijuana Moment
Under the new bill, applicants seeking to operate drug recovery residences under the Florida Department of Children and Families need to declare that they do not permit the use of cannabis, which “includes marijuana that has been certified by a qualified physician for medical use.” Residents will be permitted to use other pharmaceutical drugs prescribed by doctors, “so the law explicitly singles out medical marijuana,” noted Marijuana Moment
Why It Matters: Cannabis As A Treatment For Drug Addiction
Medical marijuana has been found to be a viable alternative to current replacement therapies used to treat opioid addiction. The opioid overdose epidemic is arguably the worst public health crisis in U.S. history. New data from the Centers for Disease Control and Prevention shows overdose deaths are hovering near record numbers. It report noted that just under 110,000 people died from drug overdoses last year.
Research: Medical Marijuana Can Help
Growing pre-clinical and clinical evidence appears to support the use of cannabis for addictions, notes a study funded by the National Institute on Drug Abuse. The evidence summarized in the study, which is one among many, demonstrated the potential that cannabis has to ease opioid withdrawal symptoms, reduce opioid consumption, ameliorate opioid cravings, prevent opioid relapse and reduce overdose deaths.
Addiction: Florida Hit Especially Hard
In the area of synthetic opioids and fentanyl, Florida reported over 5,900 fatal overdoses in 2022. Emergency Medical Services noted that in 2022, teams responded to over 105,400 overdose calls, according to the Florida Department of Health.
Earlier this week, DeSantis signed a bill on Monday enabling medical marijuana patients to use telehealth to renew their physician approvals for MMJ. The bill will also help Black farmers get valuable medical marijuana licenses after years of delays.
Shortly after that, DeSantis signed legislation removing fentanyl test strips from Florida’s list of prohibited drug paraphernalia, which health officials and advocates view as an important step in curtailing the number of opioid overdoses in Florida.
We, at Inspirational Technologies are at the forefront of Inspirational and Frontrunners on the frontier of current technology.
We are often faced with our own personal conflicts which directly influence our interactions with our peers and family.
When Inspirational Technologies is an endorsement of the “Cannabis” approach to the medical condition, we say, let’s let the look at the data and the people who say that they benefit for cannabis alternatives.
1st Hemp USA News is a resource of Inspirational Technologies (2021-2023)Inspirational Technologies (2023) AllRightsReservedYour ONE STOP BLOG FOR INFORMATION, EDUCATION, & INSPIRATION OF ESSENTIAL INNOVATION & RENOVATION of You-THANK YOU FOR YOUR INTEREST*This site receives virtually no compensation for sales of some or all mentioned products. We however place humanitarian value over monetary interests. Our monetary income goes back into research, development, discovery and healing.Inspirational Technologies – is Committed to Your Health Wellness Beauty and EnrichmentReporting on Today’s Internal Botanical and Skin Product Benefits
4 Hemp Club was Inspired by Steven Smith’s vision to “Have an older generation 4H Club, where an older community of adults could carry on what the younger 4H Club envisioned.
Our 4H Platform Uses HEMP as an Agricultural Focal Point, deserving of research, development and with the
4 Hemp key points being Health Hope and Happiness, thru Hemp“.
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TALLAHASSEE, Florida — Attorney General Ashley Moody is urging the Florida Supreme Court to reject a proposed constitutional amendment that would allow recreational use of marijuana by people 21 and older, arguing a ballot summary would be “misleading to voters in several key respects.”
Trulieve, the state’s largest medical-marijuana operator, had contributed $39 million as of the end of May to a political committee spearheading the effort to place the proposed amendment on the 2024 ballot. The Smart & Safe Florida committee needs the Supreme Court to sign off on the proposed ballot wording before the measure can go before voters.
The court twice ruled that previous initiatives aimed at authorizing recreational use of marijuana did not meet constitutional muster. Under the Florida Constitution, ballot initiatives must not be confusing to voters and must address a single subject.
In a 49-page brief filed Monday, lawyers in Moody’s office argued that the “Adult Personal Use of Marijuana” proposal would mislead voters in several ways.
The ballot summary, in part, says the measure would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories” for non-medical consumption.
“That is incorrect and misleading,” because marijuana remains illegal under federal law, the state’s brief said. “In previously approving similarly worded ballot summaries, the court erred.”
The Supreme Court in 2016 signed off on a proposed constitutional amendment allowing medical-marijuana use. More than 71 percent of voters approved the amendment.
But the state’s brief Monday said “voters need clear guidance before being asked to lift state-law penalties for the possession of a substance that would subject users to devastating criminal liability under federal law. And the rampant misinformation in the press and being peddled by the sponsor of this initiative about its effects makes clarity all the more pivotal.”
The ballot summary also says the measure would allow current medical-marijuana operators, known as “medical marijuana treatment centers” and “other state licensed entities to acquire, cultivate, process, manufacture, sell and distribute” marijuana products and accessories and allow “consistent legislation.”
Moody’s office argued that the proposal would mislead voters into believing it would result in more competition in Florida’s marijuana market.
Currently, only licensed operators are allowed to “engage in the marijuana trade” in Florida, the brief said, and the proposal wouldn’t change that but would “at most” give the Legislature the authority to issue more licenses.
The proposal would expand on the current medical-marijuana language in the Constitution, which gives the Department of Health oversight of the state’s marijuana industry.
But the state’s lawyers argued the proposal, which would go into effect six months after passage, is misleading about regulatory oversight because it wouldn’t specifically give state health officials authority over recreational marijuana operations.
“But even to the extent the Department (of Health) can regulate this new industry, it cannot realistically do so before the amendment takes effect,” the brief added. That would leave a “substantial period” for businesses to operate “unregulated in the recreational marijuana space.”
“In short, the Adult Personal Use of Marijuana amendment asks voters to make consequential changes to Florida’s Constitution yet is not honest with them about what those changes would be. The initiative should be stricken,” the brief said.
Supporters of the amendment blasted the state’s arguments. Smart & Safe Florida spokesman Steve Vancore said the company disagrees with Moody’s analysis.
“We believe the language as written clearly complies with the requirements of the Constitution. We look forward to bringing this matter to the Florida Supreme Court and are confident that the court will conclude that there is no lawful basis to set aside the ballot initiative. This important issue should be entrusted to the citizens of Florida — over a million of whom have already signed the Smart & Safe Florida petition saying they support it — to decide for themselves through democratic choice,” Vancore said.
Daniel Russell, an attorney with the Dean Mead firm who specializes in medical-marijuana litigation, accused Moody, a Republican, of politicizing the issue.
“This document is more Fox News fear-mongering intended to produce goodwill from ‘the base’ than a legal document filed by Florida’s chief legal officer on behalf of the state’s 22 million residents. It reeks of conservative nonsense and Nixonian views on a substance that is legalized for recreational use in 23 states, three U.S. territories and the District of Columbia. I believe that the Supreme Court of Florida will see this for what it is and allow voters to decide the next steps for Florida’s future,” Russell told The News Service of Florida in an email.
The Supreme Court on Monday also received briefs opposing the proposal from the Florida Chamber of Commerce and the Drug Free America Foundation.
Lawyers for the Florida Chamber argued that the proposal violates the single-subject requirement because it “impermissibly embraces the dual subjects of decriminalization and commercialization of recreational marijuana.”
The ballot title and summary also “fail to disclose that the commercialization of recreational marijuana is a chief purpose of the proposed amendment — so much so that it would preclude adults 21 years of age or older from growing marijuana for their own personal use,” wrote attorneys from the Lawson Huck Gonzalez PLLC firm, including former Supreme Court Justice Alan Lawson.
“Decriminalizing the adult personal use of marijuana and creating a commercial recreational marijuana industry are discrete subjects with differing degrees of voter support,” the Florida Chamber’s 42-page brief said.
Arguments in a brief filed Monday by the Drug Free America Foundation alleged proposed decriminalization of marijuana “conflicts” with federal law.
The Florida proposal is “fatally flawed,” the group’s lawyers wrote in a 27-page brief.
Florida law requires initiative sponsors to submit at least 891,523 valid signatures for placement on the ballot, and also sets thresholds for the number of signatures required from half of the state’s 28 congressional districts.
The state Division of Elections website Tuesday listed 910,013 valid signatures for the recreational marijuana proposal, and the Smart & Safe Florida committee had met the requisite number of signatures in 13 districts — just one district shy of the threshold.
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