FLORIDA LAWMAKERS PITCH POT PROPOSALS AS AMENDMENT LOOMS

With a constitutional amendment that would legalize medical marijuana looming for next year's ballot, some Florida legislators are floating proposals that would expand on a limited pot law that's almost a year behind schedule.

One measure --- backed by sponsors of the 2014 law that authorized non-euphoric marijuana, commonly known as "Charlotte's Web" --- would allow terminally ill patients to use full-strength medical marijuana. House and Senate committees are slated to give the proposal a first vetting Tuesday.

Another bill would make medical marijuana legal for patients with illnesses ranging from epilepsy to Parkinson's disease. That bill largely mirrors a constitutional proposal that likely will be on the November 2016 ballot after getting narrowly rejected by voters last year.

Sen. Rob Bradley, who was instrumental in passage of the 2014 law that authorized non-euphoric marijuana for patients with severe muscle spasms or cancer, is hoping to add pot into the mix of Florida's "Right to Try" law, approved earlier this year. The law allows terminally ill patients to have access to experimental drugs not approved for general use by the U.S. Food and Drug Administration.

Bradley insists that his proposal (SB 460) has nothing to do with a second attempt by the group People United for Medical Marijuana, more commonly known as "United for Care," to pass a constitutional amendment to legalize marijuana for a broad swath of patients with certain illnesses or symptoms.

"As I've consistently said, I really think this is an issue that is particularly suited for the Legislature to deal with rather than the constitutional amendment process," Bradley, R-Fleming Island, told The News Service of Florida. "That being said, I'm not filing this bill as a political reaction to the debate over the constitutional amendment. I'm filing this bill because, ever since we did the Charlotte's Web legislation, I've been contacted by constituents of mine who are concerned about the issue. I'm talking about from the far-right conservatives to the liberals in my district. This goes way beyond politics."

But it's the second time Republican lawmakers --- who have historically failed to take up marijuana-related bills --- are considering pot legislation with a constitutional amendment on the horizon, following passage of the limited measure last year.

The Senate Health Policy Committee on Tuesday is scheduled to take up Bradley's bill. The House Criminal Justice Subcommittee will take up the House version (HB 307), sponsored by Rep. Matt Gaetz, R-Fort Walton Beach, and Rep. Katie Edwards, D-Plantation.

Meanwhile, Sen. Jeff Brandes, a St. Petersburg Republican, is reviving a broader attempt to legalize medical marijuana for a variety of illnesses and symptoms.

Brandes, who sponsored a similar proposal that failed to gain traction earlier this year, openly admits that his plan --- which also includes a regulatory overhaul for the marijuana industry --- would offset the ballot initiative.

"At the end of the day, everyone recognizes that there's going to be a constitutional amendment, that it's likely to pass, and that they would like to show some legislative leadership versus being told by the Constitution what they must do," Brandes told the News Service on Monday.

Some lawmakers point to problems in other states as reasons why Florida should shun a broad-based approach to medical marijuana, but Brandes shrugged off such "slippery slope" arguments.

"We're not going down the slope. We're there. We have a constitutional amendment that missed by less than 3 percent of the vote last year and that was a non-presidential year. Now you're going to have it in a presidential year, and everyone thinks it's going to pass," he said. "So it's either you pass my bill, or you deal with it during the next legislative session under a constitutional amendment."

United for Care campaign manager Ben Pollara praised Brandes' bill, but said that ailing Floridians can't rely on lawmakers. Backers of the proposed amendment are awaiting Florida Supreme Court approval of the ballot wording and need to submit about 340,000 more valid petition signatures to the state.

"Unfortunately, the Legislature has proved itself to be incapable of passing a comprehensive law such as Sen. Brandes has now filed for a second time. The only way to truly ensure a strong medical marijuana law in Florida is by taking it to the voters again in 2016," Pollara said.

The latest proposals come amid intensifying dissatisfaction with the Department of Health's handling of last year's law, which authorized the use of types of cannabis low in euphoria-inducing tetrahydrocannabinol, or THC, and high in cannabadiol, or CBD, for certain patients. Parents of children with severe forms of epilepsy pushed lawmakers to approve the low-THC cannabis, believing it can end or dramatically reduce life-threatening seizures.

Under the law, doctors were supposed to begin ordering the marijuana for patients on Jan. 1. But, because of legal challenges, health officials have yet to select five dispensing organizations that will grow, process and dispense the low-THC products across the state.

Bradley said health officials recently told him and Gaetz, the House sponsor, that the department was "weeks away" from awarding the licenses.

"I just don't understand the problem. And I don't understand why it's so difficult to get information on this matter. I'm very, very frustrated," said Bradley, whose new proposal would allow the five licensees to also cultivate, process and distribute the higher-THC marijuana for terminally ill patients. "These families had a right to this substance a long time ago and they deserve answers. At some point, it's just empty words until something happens."

Concerns about the process could affect Surgeon General John Armstrong, who needs Senate confirmation to keep his job.

"We're going to continue to exercise our oversight capacity, and the Senate has been certainly very serious about holding department secretaries to account across the board," Bradley said.

When asked if Armstrong's confirmation could be in jeopardy, Bradley said, "If we roll into session and there is not significant progress on this issue --- and by that I mean that we have awarded licenses --- then my answer to you is yes."

But, for Brandes, the problem rests not with the health agency's Office of Compassionate Use --- which has had three directors in less than a year --- but with the regulatory framework, which he believes will hamstring any efforts at expansion.

His proposal (SB 852) would do away with the limit on dispensing organizations but would restrict the number of retail locations in a county based on population, with a maximum of one dispensary for each 50,000 residents.

"What we've done is create a regulatory structure that's broken from day one," Brandes said. "The Charlotte's Web regulatory structure is for five licensees statewide. That regulatory structure does not go to scale. You can't just have five producers, and think that you can start adding illnesses."









By DARA KAM
THE NEWS SERVICE OF FLORIDA