内容摘要：Colin M. Roopnarine, Berger SingermanIn 2016, 71 percent of voters in the state of Florida approved does hhc leave your system faster

Colin M. Roopnarine,does hhc leave your system faster Berger Singerman

In 2016, 71 percent of voters in the state of Florida approved Amendment 2 to the State Constitution. Despite this, the state of Florida has sat at a crossroads in its efforts to implement medical marijuana statewide.

Amendment 2 provided a very clear voter-approved mandate to the state to implement a medical marijuana program statewide. It was an expansion of the former “Charlotte’s Web” law, which was passed to address certain medical conditions for which medical marijuana could be ordered (medical marijuana is not “prescribed” but is instead “ordered” as for example, a blood test may be ordered by a doctor).

It is now 2019, and the state is still at the same crossroads as in 2016 because of inaction, insufficient will to do the people’s bidding, poorly crafted legislation and lawsuits that have moved the debate to the courts.

It has been unfortunate to see this matter be removed to the courts where lawyers, lobbyists and special interest groups have taken on the mantle to fight for the implementation of Amendment 2, while removing it from the hands of the people who voted it into the state Constitution. To further compound matters, the state Department of Health has been hindered by insufficient legislative guidance, inadequate rules and subsequent rule challenges.

The arguments from the proponents and opponents of medical marijuana have created a quagmire that has, for all intent and purposes, grounded progress to a halt.

MOMENTOUS TIME?

With the election of Gov. Ron DeSantis and medical marijuana proponent Nikki Fried as agricultural commissioner, it appears that the state may indeed be ready to move forward. DeSantis is poised to rescind state challenges in court actions and has averred that the Legislature must once again take up the task of implementing Amendment 2, this time in a way that comports with the state Constitution, and without inserting any personal bias or ideology. Anything less would simply result in additional turmoil and uncertainty and would force the state to regress rather than progress.

Florida is ready to progress on this very important matter. Despite any philosophical, moral or

ideological differences that various factions may have on the matter, there is one clear and

simple statement that refutes them all — the people of Florida have spoken, and the state

Constitution has been amended.

It is the pure law of the state — under DeSantis bolstered by the support of Fried (who has made this a priority for her office) — which is poised to finally take the inevitable (and legally mandated) step forward.

While the result is uncertain, there is certainty that this Legislature must assume the task of crafting the necessary legislation to implement Amendment 2. In doing so, the Department of Health must be given clear and unequivocal authority and guidance to implement the legislation. In addition, the Legislature must seriously consider removing the Department of Health from the licensing process for the growth and distribution of medical marijuana to the Department of Agriculture and Consumer Services, where as an agricultural product, it logically belongs.

There are numerous “moving parts” and variables, and it will be neither easy nor quick, but it must be done.

NEXT STEPS

The state of Florida simply cannot address the matter as it has in the past. It was a failure. This assumes DeSantis rescinds the state’s challenge to the ruling on the constitutionality of the implementing statute.

Initially, the Legislature must repeal prior legislation and pass new legislation that is not offensive to the state Constitution. But even deeper than this, the state must take a more holistic approach to implementing medical marijuana in a manner that addresses many of the questions that have arisen. Much of this should have been addressed in prior years going back to the Charlotte’s Web era.

For example, which agencies need to be involved? There are many unresolved issues associated with medical marijuana and most, if not all, will require a role for various state agencies. Their input should be solicited at the outset to confront the difficult issues, and not later when they would be acting in a remedial capacity to address issues that could have and have been addressed at the initiation of any resolution.

The Department of Revenue needs to be at the table for tax issues, the Office of Financial Regulation must address banking and investment issues, the Department of Business and Professional Regulation must address their regulated professions’ involvement with medical marijuana businesses, the Florida Department of Law Enforcement must get involved. And the list goes on.

Additionally, there must be a concerted effort to corral the program within the jurisdiction of the

Department of Agriculture and Consumer Services. Currently residing in the Department of Health, the medical marijuana licensing structure for medical marijuana treatment centers is ill-suited for the Department of Health. As it relates to medical doctors obtaining the necessary authorization to write medical marijuana orders, there is no issue and the program is properly suited there.

As far as licensing and regulation and oversight of the treatment centers, growers, producers and dispensaries, the Department of Agriculture and Consumer Services must have jurisdiction over the program. The Department of Agriculture has created the Director of Cannabis position, which will have the experience and expertise to coordinate and implement any such changes and will be knowledgeable enough to engage the agency’s rulemaking process, while cooperating with the necessary parties.

THE FUTURE

To be done correctly, there must be a will and an effort to accomplish what has essentially

become a herculean task — a viable medical marijuana program that implements the will of the

people as articulated in the state Constitution and one that is sustainable, profitable, readily accessible and exemplary when compared with other similarly situated states.

Florida has been given a “second chance” to get this right, and DeSantis is keenly aware of this and,

with the ardent support and assistance of Fried and others with the appropriate foresight and determination, appears to be adopting a stance where he will not ignore prior mistakes or move past them, but will study them, learn from them and ultimately remove them completely and engage this issue as it should have been addressed in 2016 when the will of the people was voiced. The state of Florida finally has the tools and people necessary to get this done right … the second time around.

Colin Roopnarine is a partner with Berger Singerman in Tallahassee. He is a member of the firm's government and regulatory team.

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