Following the approval of Constitutional Amendment 2 in last November’s general election legalizing medical marijuana in Florida, the Florida Legislature was required to approve the governing legislation. However, despite bills tabled in the Florida House and Senate the Legislature adjourned its 2017 session on May 5, without passing the legislation. As a result, It’s now left to the Florida Department of Health (FDOH) to finalize the necessary guidelines.
Under the terms of the constitutional Amendment approved by 71 percent of Florida voters. the Florida legislature should have established the law on which the FDOH would write the guidelines.
While the House and Senate agreed on most proposals for the required legislation, the negotiations broke down over the number of medical marijuana dispensaries operating in the state.
The Senate’s proposal limited the number of dispensaries licensed growers could operate. The House’s proposal placed no limits on the dispensaries. This would have offered a free market, competitive system which some House members believed would place better quality medical marijuana on the market.
The failure of the Legislature has prompted those pushing for legalized medical marijuana to call on Governor Rick Scott to convene a special Legislative Session to pass the law.
Those making the call include Orlando Attorney John Morgan who initiated the constitutional amendment, and Ben Pollara who led the campaign for the approval of the amendment.
Pollara said although the FDOH has the responsibility to implement operations of medical marijuana, “the required implementation legislation is needed.”
Earlier this year, the FDOH held a series of town hall meetings across Florida to get the public’s input re the required medical marijuana operational guidelines. Accordingly, the agency had prepared draft operational guidelines, awaiting the law passed by the Florida Legislature.
Without the law, the onus is now on the FDOH to finalize the public policy governing marijuana growers, patients, doctors, and other related interests. However, Pollara anticipates whatever policy the FDOH prepares it will be subject to lawsuits from various sources.
Pollara said “When we wrote Amendment 2, we were very aware the Legislature wouldn’t immediately live up to the access now codified in the constitution. We knew this was likely to go to court at some point.”
Meanwhile, responding to the call for a special Legislative Session, a representative of the governor’s office said its “ reviewing all necessary options.”
