Limited Medical Marijuana Bill in Florida

The Florida Legislature passed a bill nicknamed "Charlotte's Web" in June 2014, after the House approved an amended version of the Senate bill by a 111-7 vote. The Senate bill, SB 1030 "Low-THC Marijuana and Cannabis" by Sen. Rob Bradley (R-Orange Park), originally would legalize a non-euphoric marijuana extract, known as "Charlotte's Web," to treat children who suffer from intractable epilepsy. The House sponsor, Rep. Matt Gaetz (R-Shalimar), amended the SB 1030 on the House Floor to add language to cover cancer, persistent muscle spasms, and other chronic conditions. Authorized patients will also be allowed access to the non-euphoric drug through oil or vapor form, but it may not be smoked.

The bill was amended to increase the number of dispensaries organizations (from 4 to 5) to ensure reasonable statewide accessibility, and one each in the following regions: Northwest Florida, Northeast Florida, Central Florida, Southeast Florida, and Southwest Florida. Also, language was added that would require an application form and annual license fee for the dispensaries to be developed by the state Department of Health. Applicants for the dispensaries must possess a certificate of registration from the Florida Department of Agriculture & Consumer Services that is issued for the cultivation of more than 400,000 plants and must be operated by nurserymen who have been registered in Florida for at least 30 years. The dispensary applicants must show they can cultivate non-euphoric marijuana, have suitable financial stability, and perform background checks on its operators.

Pot Sales Legal in Colorado

In Colorado this past January, cannabis retailers licensed by the state began selling of legal pot to people over 21. Adults who are of age can now legally possesses and grow limited quantities of marijuana in Colorado. Licensed retailers may also cultivate, produce, and sell cannabis and cannabis-infused products. In addition, the cities in which a shop opens must approve of the operation of the marijuana business within that city.

In November 2012, over 55% of voters statewide approved the authorization for adults to possess, grow, and commercially sell cannabis.

All cannabis sales must comply with state regulations regarding the commercial production and retail of pot to adults. So far, over 300 businesses have been approved by state regulators to sell marijuana. Dozens of businesses opened within the first few days that cannabis retail sales were made legal, and many more began sales over the next few weeks. The industry continues to grow.

NORML Executive Director Allen St. Pierre is quoted as saying the following:

"For the first time in modern history, a state is regulating cannabis as a legal commodity in a manner similar to alcohol. Colorado is the first, but it certainly won't be the last, state to treat cannabis as a legal, adult retail product rather than as a prohibited, criminalized substance. The genie is out of the bottle and it isn't going back in."

U.S. Attorney General Eric Holder announced early on that the Justice Department would not interfere with legal sales in individual states where there was adequate regulation. To put the pot sellers at ease, Colorado Deputy Attorney General James Cole affirmed that the Justice Department would not interfere in the regulation of marijuana sales by the State. His written opinion made clear that the Colorado state regulations do not make the substance available to children and do not allow cannabis to be diverted to states where the use of cannabis is not legalized.

Under Colorado's law, you can grow your own pot, but you can't sell it if you're not licensed by the state. Public display of marijuana and consumption are not legal. You can't smoke marijuana in the street or at any bars, clubs, or even where you bought it. Public smoking is also against the law and you're looking at a $100 fine or up to 15 days in jail.

You could face a much greater penalty under federal prosecution, however, especially for cases involving smoking on public property. Possession of marijuana on federal property is punishable by up to six months in jail and a $5,000 fine. Do not ever carry cannabis onto federally-regulated property, such as a park or federal facility, even if you have the right to carry cannabis elsewhere.

Jonathan Blecher is a member of the NORML Legal Committee, and has been defending pot possession cases for decades. Charged with marijuana possession or with driving under the influence of marijuana in Florida? Call or write for a free consultation.