– Regulate Florida has been watching the courts to see if patients will get what they need, deserve, and voted for by historically passing Amendment 2 with 71% of the vote. So far, the legislature has interpreted the broad amendment narrowly, preventing real access to patients and preventing most forms of cannabis. On May 25th, we saw some opinions that may start to answer those questions.Whether or not we can smoke and grow, are the questions to which all patients and voters want answers. Patients, caregivers, doctors and dispensaries in Florida have been waiting for two important decisions, the Florida Supreme Court’s decision on whether to accept the home grow case, and the decision on whether the trial judge would permit smoking in the Morgan, People United for Medical Marijuana case. Both decisions came down May 25, 2018.The smoking decision was again a win at the trial level with Judge Gievers. The opinion outlined the plain language of the amendment, finding patients have a right to use all forms of marijuana.This was a given, based on the same judge issuing the opinion finding home grow was permitted under the Constitution and that the DOH cannot limit a patient’s use of marijuana. The decision by the First District Court of Appeals for the home grow case, Joe Redner’s case, seems to indicate the Appeal Court will reverse the lower court’s decision to allow home cultivation. This could mean they will ultimately reverse the opinion of the lower court and say home grow is not allowed or find the amendment void as misleading to the voters. It will be some time before this decision is rendered. The Morgan case could take the same path through the appellate court, which should be comprised of a different appellate panel, and could rule flower is permitted under the amendment. This could create a conflict between the two DCA opinions and require Supreme Court Review. Only time will answer these questions; how much time, we don’t know.More importantly, the Supreme Court today denied the home grow petition for immediate review, therefore leaving it to the Appeals Court to decide. In essence this could mean, #1., Home grow plaintiff, a lung cancer patient who is in remission, who would like to juice fresh marijuana leaves to stay alive, isn’t suffering irreparable harm by the Supreme Court’s failure to accept jurisdiction now, or #2., No likelihood of success on the merits as found by the appellate court, or #3., Nothing prevents them from having jurisdiction at a later time.
The question will be: if the First District Court of Appeals holds firm, will the Florida Supreme Court accept jurisdiction? The Supreme Court would only be required to accept jurisdiction if the law is found to violate the Constitution, otherwise it is discretionary and they could let the decision of the First DCA stand if there is a ruling in both cases against the patient.
The bottom line is, we have an answer and that answer is Regulate Florida. Why fight over the way we can use marijuana or whether we can cultivate? The legislature hasn’t listened to the voters and the current amendment leaves doubt as to what is allowed. We need to secure all peoples’ rights to cannabis, secure our future and our rights to this plant now. Regulate Florida does that by clearly stating that home cultivation and all marijuana products are allowed for adults 21 and over. Join us now, end the legislature’s cannabis dictatorship and help us free the plant. #TogetherWeWill. www.RegulateFlorida.com is the answer.