Will there be a Medical Marijuana law in Florida in 2016?

Posted on October 25, 2015 by Jeffrey Feiler

Attorney Jeffrey Feiler, a Miami attorney with substantial experience in marijuana law, recently attended the October meeting of United for Care, People United for Medical Marijuana.

Keynote speaker Norm Kent, of NORML, dispensed sage wisdom. "Defeat is only failure if you don't try again". In 2014 the proposed Medical Marijuana Constitutional Amendment narrowly missed. Although it garnered 58% of the vote, nevertheless, in Florida such an Amendment requires 60%.

Fortunately, success is on the horizon. United for Care has already gathered 600,000 Petition signatures to place an improved version of the Amendment on the 2016 ballot during the Presidential election. Early polls consistently show that this time the Amendment will receive more than 60% of the vote and will pass. The central message is that medical marijuana should be accessible to the people who need it.

The Low THC Law

Since 2014, there has been more normalization of marijuana laws. 23 states and the nation's capital have OK'd marijuana on some level. In our state, the low THC law (SB1030) has passed and is in the process of being implemented. However, that law is severely flawed. It creates five monopolies, which have control over statewide cultivation and distribution, which was a political maneuver. Several Counties and Cities have passed or are considering ordinances which "decriminalize" possession of marijuana. Actually, the ordinances give police discretion as to whether to make a criminal arrest or instead issue a civil citation. With greater awareness and education, more voters will be inclined to support the amendment and more people will vote in a Presidential election year.

The Legislature meets in January and February of 2016 and will have the opportunity to pass another law. They may do so, for no other reason than to keep the Amendment off the November 2016 ballot. Yet, the Legislature since 2012 has failed each year to pass a law (other than the nightmare law they passed in 2014) and cannot be relied upon to pass any law much less another politically mangled sausage of a law.

What Should a Real Law Look Like?

A real law would stand for the proposition that Government should not infringe upon a citizen's right to make intelligent choices about their own bodies and lives. Regulation is recognition that cultivation and distribution of marijuana can be rationally controlled. As Norm Kent pointed out, four State's now have recreational marijuana laws, chaos has not ensued and the world still spins on its axis! Should Florida pass a rational marijuana law, a law which makes medication accessible to the people who need it, a law which promotes trust in Physicians to recommend it, a law which allows entrepreneurs to participate in a non-monopolistic industry, then likewise: all will benefit!

Are you ready for marijuana to become a legal drug in the state of Florida? At The Feiler Law Firm, we have experience in Colorado, and are prepared to help businesses get off the ground when legislation passes. Contact us to take the first steps for your future Florida marijuana business, today!

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