Will medical marijuana come to Florida?
Although it had the opportunity, the 2011-2012 Florida Legislature failed to pass a resolution allowing the citizens of the Sunshine State to vote for a medical marijuana law. Then-Rep. Jeff Clemens (D – Lake Worth) and then-Sen. Larcenia J. Bullard (D – Miami) introduced companion resolutions, marking the first time that medical marijuana bills were filed in both the House and the Senate. Had the proposal, HJR 353/SJR 1028, passed through both the House and the Senate in Florida, it would have gone to the ballot and before the people of Florida. The ballot question would have needed 60% support in order to become law.
Will the new legislature look to this issue with fresh eyes? Sen. Bullard has unfortunately been term limited out; however, now Senator Jeff Clemens plans on introducing medical marijuana legislation when the new session commences on March 5, 2013. Patients and activists in Florida should continue to press their lawmakers to support compassionate legislation: email your representative and senator and ask them to support medical marijuana legislation now! With nationwide support for medical marijuana at 83%, it's time for the Florida Legislature to consider this sensible and popular proposal. If you are a patient who could benefit from legal access to medical marijuana, or a medical professional who supports changing Florida’s law to allow for medical use of marijuana, please contact state@mpp.org to see how you can help.
Suspicionless drug testing enacted in 2011
The 2011 law signed by Gov. Scott requiring new applicants for temporary welfare assistance funded by the TANF to undergo, and pay for out of pocket, mandatory and suspicionless drug tests continues to face many welcome challenges and bad press. The ACLU sued to enjoin implementation of the law, and it was temporarily suspended in October of 2011. The state has appealed that decision, and a hearing is expected in the coming months. In the meantime, early reports indicate that the law, when it was in effect, ended up costing the state more money than it saved, which is ironic considering cost savings was an argument used to justify the need for the law.
The only other state that has passed a mandatory and suspicionless drug testing program for public assistance is Michigan. A federal appeals court struck down Michigan’s law in 2002 for being a constitutional violation of an individual’s right to privacy and their Fourth Amendment protection against warrantless searches. Fortunately, this precedent supports the ACLU’s claim that Florida’s new law will not pass constitutional muster. Unfortunately, it requires a legal challenge that will take time and money.
Court established defense
Despite the fact that a medical necessity defense has been established by Florida case law, patients remain at risk of being arrested and jailed because legislators have yet to enact a medical marijuana law. To review a 1991 case that outlines Florida's medical necessity defense, click here.
Harsh penalties put everyone at risk
Although Florida courts, public opinion, and 16 other states (and D.C.) reflect a trend that recognizes the legitimate use of medical marijuana, Florida patients remain exposed to the state's harsh possession laws. Every single medical marijuana patient in Florida continues to live in fear because Florida's penalties for possessing small amounts of marijuana are among the nation's toughest. Please email your legislators and ask them to introduce legislation to decriminalize possession of up to an ounce of marijuana. You can read more about Florida's draconian marijuana laws and their impacts here.
Stay connected
Thank you for supporting the Marijuana Policy Project. If you have any questions concerning the status of marijuana policy reform in Florida, you can contact us by email at state@mpp.org. To receive news about Florida marijuana policy reform as it happens, be sure to subscribe to MPP's free legislative alert service, if you haven't done so already.
