– Circuit Court Judge Karen Gievers invalidated the 2017 law regulating medical marijuana in Florida on January 2, 2019.
– The implementing law was ruled to conflict with the state constitution and the will of the people who approved Amendment 2 in 2016.
– Judge Gievers’ ruling was based on the belief that Florida voters approved adding medical marijuana access to the state constitution and that the constitution should control any conflicts with state law.
– Amendment 2 also prohibits the legislature from enacting any provision inconsistent with the unlimited access system for medical marijuana. – The Department of Health has an obligation to ensure the availability and safe use of medical marijuana by qualifying patients according to Amendment 2.
– The legislature revised a previous regulating statute from 2014 and 2016 to create a separate system, ignoring the instructions of the citizens as outlined in Amendment 2.
– The revised statute contains provisions inconsistent with the mandated direction of Amendment 2 and instructs regulatory actions of the Department of Health.
– The statute creates a licensing scheme that divides the state into regions and caps the number of treatment centers, limiting access to treatment centers as mandated by the voters through Amendment 2. 1. Trulieve challenged Florida’s medical marijuana statute’s cap of 25 treatment centers as violative of the 2016 Constitutional Amendment (Amendment 2).
2. Trulieve argued that its pre-Amendment 2 locations should be “grandfathered” in and that the 25 treatment center cap is unconstitutional.
3. Judge Gievers ruled that the statute is unconstitutional, stating that the enactment of Amendment 2 prevents the concept of treatment centers replacing “Dispensing Organizations.” 1. Amendment 2 is a game changer and the Department and legislature are obligated to comply with it.
2. The Department has not complied with the clear mandate of the citizens and the fact that compliance with The Constitutional Medical Marijuana Amendment is mandatory.
3. Trulieve is entitled to register and operate as many medical marijuana treatment centers as it wishes and should be similarly treated as CVS, Rite-Aid and Walgreens.
4. The Department’s reliance on the unconstitutional 2017 statute is ineffective.
5. The medical marijuana system was broken and the voters have spoken through the Constitution.
6. With two circuit court judges ruling against the State of Florida Department of Health, the writing is on the wall for the new administrations being sworn in.
7. Governor DeSantis is expected not to take the same hard-line approach to regulating medical marijuana as the previous administration.
8. Nikki Fried as the Commissioner of Agriculture and Consumer Services is an outspoken proponent of medical marijuana and hemp production.
9. Florida’s voters, businesses, and local governments should pay close attention to this year’s legislative session.
10. Jimerson Birr will keep a close eye on any developments and keep everyone apprised.
https://www.jimersonfirm.com/blog/2019/01/florida-medical-marijuana-statute-deemed-unconstitutional-again/
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