Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
From the WA and M Studio on the campus of
Florida A and M University.
Speaker 2 (00:04):
This is Mary Forum Radio, a weekly conversation on the
education and research of the medical marijuana being conducted at BAMUNI.
Speaker 3 (00:12):
Hi. I'm Heidi Outweigh, your host for this conversations on
Cannabis Virtual Form, brought to you by the Medical Marijuana
Education and Research Initiative at Florida and M University. In
this conversation, we're talking about a new Florida law that
may affect a patient's access to medical marijuana. So let's
(00:33):
talk and learn about this subject with our guests. Attorney
Sharon James is an experienced legal and policy professional with
a strong background in regulatory affairs, government advocacy, and health
care policy. She has represented both public agencies and private
clients before the Florida Legislature and key state regulatory bodies.
(00:56):
Her work focuses on laws that directly affect can consumers
and access to care. As Florida's former insurance Consumer Advocate,
Attorney James worked on a wide range of healthcare related legislation,
giving her a deep understanding of how policy decisions can
shape real world outcomes. Attorney James it's great to have
(01:18):
you back on the live forum. Great to be here
to everyone watching. Please share the link to this form
on your social media channels so others can learn about
this topic. We also want you to tell us what
you think about this forum by completing the survey that
will be posted on Mary's social media pages. Your name
will be entered into a drawing in September twenty twenty
(01:41):
five to win a one hundred dollars gift card provided
by one of Mary's partners. Now, let's start this conversation
on cannabis. So, Attorney James Florida recently passed the law
that could suspend or permanently revoke medical marijuana cards from
some individuals with prior marijuana convictions. Can you break that
(02:03):
down for us and let us know who it impacts?
Speaker 1 (02:06):
Absolutely so.
Speaker 2 (02:08):
This past legislative session, Cenate Build twenty five to fourteen
passed through the Florida legislature and it became effective July
first of this year. And the new law amends Florida
Medical marijuana Statute in two ways. One, there's immediate suspension
on new drug charges, specifically under Chapter eight ninety three
(02:32):
and Chapter eight ninety three is Florida's Comprehensive Drug Abuse
and Prevention Control Act. So the law impacts individuals that
have been convicted pled no contest to drug charges under
Chapter eight ninety three. It requires the Department of Health
to immediately revoke a medical marijuana registration card if that
(02:59):
person is again convicted, pleads guilty or no contest to
a charge under eight ninety three.
Speaker 3 (03:05):
Okay, So how does the law like this typically move
from being signed to being enforced?
Speaker 2 (03:13):
Yes, so laws like this again start through legislative action.
The bill, as I mentioned, passed through the legislature. It
was signed by the governor and became law July first.
Once a bill becomes law, it is actually law. It
has to be enforced, but is implemented through state agency action.
(03:35):
And so the Florida Department of Health Office of Medical
Marijuana Used is the agency and the division within state
government that enforces this particular change in law.
Speaker 3 (03:47):
Okay, So how is this prior marijuana convention defined under
the law and are all offenses treated equally or are
there certain distinctions?
Speaker 2 (04:00):
So this particular instance relates specifically to drug trafficking, sale,
the manufacturer, delivery and possession with intent area of drug offenses.
Speaker 1 (04:13):
So simple possession.
Speaker 2 (04:15):
Would not fit the scope of this particular law. So
individuals that have those types of again charges and convictions
to pay close attention to the changes that are taking
place in this area.
Speaker 3 (04:32):
Yeah, so then are there some gray areas in the
laws that applies to people with past marijuana convictions.
Speaker 2 (04:40):
So there currently and even before this, there was language
that essentially gave the Department of Health the right or
the requirement to suspend while charges were pending this particular law,
So there is some gray area. But this statute is
(05:00):
very specific to Chapter eight ninety three and again those
laws that and those crimes that specifically relate to individuals
that have a history or past conviction and.
Speaker 1 (05:13):
Trafficking and the intent to sell.
Speaker 2 (05:17):
So again, if you had an eight ninety three conviction
or issue, there may have been a suspension, but not
again related to manufacturing, possession, trafficking those areas, then this
would not apply to you.
Speaker 3 (05:33):
Okay, what is the impact on patients who are currently
on probation? Can they be reinstated?
Speaker 2 (05:39):
So that's a great question, and it goes to one
of the areas in the new law that is really important.
So under the new law, if you have one of
the related you know convictions, it's an automatic revocation of
the license and you can seek reinstatement, but that reinstatement
(06:06):
is not offered to you or available until you have
completed all of your requirements under that you know particular conviction.
So if you're currently on probation your card has been revoked,
you would not be able to seek reinstatement until after
your probation is completed. So confimation community service, any related finds,
(06:29):
all of the conditions of that kind of disposition or
that charge or punishment have to be cleared before you
can seek reinstatement.
Speaker 3 (06:41):
So is this policy retroactive? I mean, are there going
back and looking with folks you know, looking in their
past and moving forward or is it only for folks
with new people who are applying for new cards.
Speaker 2 (06:52):
It is the bill did not specifically make it retroactive,
but that is one of the things that we'll have
to teenue to monitor.
Speaker 1 (07:01):
Again. The bill became law July first.
Speaker 2 (07:05):
There at this point there hasn't been a tremendous amount
of agency action that you know, more specifically finds how
the agency will apply UH and implement the statute. But
it's definitely something that will need to be monitored.
Speaker 3 (07:20):
Yeah, So how does this law fit into Florida's existing
medical marijuana regulations?
Speaker 2 (07:26):
So even before this, there was regulation that existed that
again allowed for the suspension of a license while a
case was pending. And one thing that I hadn't mentioned
to keep in mind, this not only applies to the
(07:46):
card holder, but also.
Speaker 1 (07:47):
If you are a caregiver.
Speaker 2 (07:49):
So if you are a caregiver that is helping a
person that has a card and this happens to you,
or you have a conviction in this area, your ability
to serve as a caregiver is also revoked. So wow,
that's interesting.
Speaker 1 (08:11):
Wow.
Speaker 3 (08:12):
So can you kind of kind of also kind of
explain the difference between the law regarding medical marijuana, because
we're specifically talking about medical marijuana in this regard, which
is legal in Florida, and then recreational marijuana under Florida law.
Speaker 1 (08:26):
Can you talk about the difference with that.
Speaker 2 (08:28):
Yeah, that's a really great distinction, especially in the state
of Florida. So in Florida current we currently only have
a medically regular we only have marijuana that is regulated
for medical marijuana.
Speaker 1 (08:44):
In twenty four there was a constitutional.
Speaker 2 (08:49):
Amendment that was brought forth to make Florida a recreational state.
Speaker 1 (08:55):
That amendment failed.
Speaker 2 (08:57):
So for the sake of clarity for those that are
watching and listening, we are we are a medical marijuana state,
not a recreational state. And so that's something what we're
talking about and discussing only applies to medical marijuana. Keep
in mind, the ravocation of the registration is immediate, uh,
(09:19):
and at this point, if you have one of the
convictions under the statue, your card is no longer valid,
and so that's something that people should be well aware of.
There is not currently any type of notification process that.
(09:42):
There's also not a notification process where law enforcement specifically
notifies the Department of Health of a person's convictions.
Speaker 1 (09:54):
So it really is on the card holder to.
Speaker 2 (10:01):
You know, monitor that and be aware that their card
may no longer be valid.
Speaker 1 (10:06):
So an example would.
Speaker 2 (10:07):
Be if you have your card revoked because of one
of these convictions and you're stopped, that means that you
are no longer in lawful possession of the marijuana that
you receive through your medical marijuana card, and so that's
something should be very aware of.
Speaker 3 (10:29):
Wow, that's so fascinating. So do you know how many
people might be affected by this change based on available
data or state reporting?
Speaker 2 (10:38):
So it's really hard to estimate. There are a little
over nine hundred thousand qualified patients at this point, so
of course a percentage of those individuals are folks that
have been charged with Chapter eight ninety three offenses. So
it's hard to say whether that's you know, one percent
(11:01):
or ten percent, but the total is over nine hundred thousand,
so there is a fraction of those individuals that will
and have had their cards revoked at this point.
Speaker 1 (11:15):
Wow.
Speaker 3 (11:15):
So what agencies are responsible for enforcing or carrying out
this law and how do they determine this eligibility?
Speaker 2 (11:25):
So ultimately the Department of Health is responsible because they
are the ones that actually.
Speaker 1 (11:34):
Give out the cards.
Speaker 2 (11:36):
But in order for this law to be implemented, there
has to be and there will be some degree of
coordination between Department of Health and law enforcement because again
DOH operates in the health space, not in the criminal
justice space. So at this point, as I mentioned in
(11:59):
this it was clear on the oh's website there is
no automatic communication that's taking place at this point between
the law enforcement agency and Department of Health, and so
there is some self policing that will be required and
(12:20):
the honance may be placed upon the patient to ensure
that they still have a valid license or not.
Speaker 3 (12:29):
Well, that's good because I'm glad you said that, because
we're actually getting questions.
Speaker 1 (12:33):
For people asking specifically about this.
Speaker 3 (12:35):
And if you don't mind, I'll pull up one because
then you can see what we're getting. Let's pull up
the comment from Karla Ashburn. She says, as a clinic owner,
who's responsible, whose responsibility is it to know if a
patient falls under the new law? Will background checks be
done by the o MMU.
Speaker 1 (12:53):
So that's a great question.
Speaker 2 (12:54):
I think that we from my understanding, and I don't
speak for the agency again just a regulatory thought leader,
that is, there's a gap in terms of that where that.
Speaker 1 (13:10):
Accountability lies at this point.
Speaker 2 (13:13):
And so typically when a law is passed, an agency
has an opportunity to go through the rule making process
to more specifically clarify how a law will be implemented.
So we haven't seen that yet, and so this is
an area that may require again some public input which
(13:38):
is available through the rule making process to clarify where
that line of accountability will be okay, and then we
have another question, but we had already had this in
our question that I want to ask you, So from
a regulatory compliance perspective, how my dispensaries are medical marijuana
qualify medical marijuana physicians need to adapt And this aligns
(14:02):
with the question that we received from Tracy asking how
is the certifying doctor notified? So that along the lines
of that same one of questioning. Again, based upon what
I've seen so far, there is no specificity yet and
so the hope is that in the near future there
(14:25):
may be more specificity. Aside from the patient attesting to
the fact that they have not been convicted or you
know plaied nolo contendre or been charged with a drug
charge under.
Speaker 1 (14:44):
Eight ninety three, that may be it.
Speaker 2 (14:47):
So any documentation that you may have as a physician,
or any consents that you require as a dispensary. Maybe
at this point it just may fall, like I said,
in the area of self policing and having the patient
attests that they have not run a foul of the change.
Speaker 1 (15:08):
In the law.
Speaker 2 (15:09):
Yeah, So what I'm hearing is if patients are currently
holding medical marijuana cards, how do they stay informed or
protect their access under this new law, what should they do? Yeah,
So I would encourage every patient that has had some
type of charge or conviction in the under eight ninety
(15:35):
three again, which is the Comprehensive Drug Abuse Prevention and
Control Acts. So if you have a drug charge. Again,
even if I would say, if I were a patient
and I had any type of drug charge, I would
check to make sure that my.
Speaker 1 (15:55):
Issue did not fall under eight ninety three.
Speaker 2 (15:57):
If it doesn't, if it's not an eight ninety three
drug conviction, then you should be fine.
Speaker 1 (16:04):
If it is eight ninety three, you want to double.
Speaker 2 (16:08):
Check that and at this point expect that it has.
Speaker 1 (16:15):
Impacted your medical marijuana card.
Speaker 2 (16:20):
Again, I wish I had more information to share in
terms of the best way for the patient to confirm that.
Speaker 1 (16:27):
Outside of the clerical courts office.
Speaker 2 (16:30):
But at this point, if you have an eight ninety three,
I would definitely err on the side of caution.
Speaker 1 (16:38):
And reach out to the department.
Speaker 3 (16:41):
Okay, So then my follow up would be, if they
find out that their card is revoked, can they still
use their products that they may have already purchased.
Speaker 2 (16:49):
I would again err on the side of caution. My
answer would be no, as I mentioned earlier. The revocation
is immediate, and so you would no longer be in
law whole possession.
Speaker 1 (17:03):
If your card has been revoked. So I would say
absolutely not.
Speaker 3 (17:08):
Wow. So are there examples from other states where similar
policies have been enacted?
Speaker 1 (17:13):
Yeah, So this.
Speaker 2 (17:15):
Medical marijuana and the regulation of medical marijuana is in
ever changing landscape across the country.
Speaker 1 (17:25):
There are other states that.
Speaker 2 (17:28):
Have specifically UH and this isn't unusual if you have.
Speaker 1 (17:35):
A prior drug conviction.
Speaker 2 (17:38):
There are other states that regulate the use of medical marijuana,
the registration and the availability of medical marijuana for folks
that have prior drug convictions, So that in and of
itself is not unusual. You know, Florida is Florida's law
(17:58):
is very specific at this point because it clearly delineates
the types of drug offenses that would lead to immediate revocation.
So again keep in mind that this specifically relates to manufacturing, trafficking,
possession with the intent to distribute through Those types of
(18:20):
drug offenses are the ones that Florida has specifically targeted.
Speaker 3 (18:25):
Yeah, so it's interesting that we're having this conversation as
the federal government is again talking about reclassifying marijuana. Can
you provide an update on where this stands right now?
Speaker 2 (18:36):
Yeah, So many of us who work in this space
have been following the federal government's attempt or efforts at
potentially rescheduling marijuana. As of you know, today's date, it
has not happened.
Speaker 1 (18:56):
There are it's.
Speaker 2 (18:58):
In the federal rulemaking process, but you know, nothing has happened.
Speaker 1 (19:03):
And again, this has been going on.
Speaker 2 (19:05):
For I would say for quite some time through two administrations,
and so it's still a question mark as to what
will happen there. But even the rescheduling, it doesn't lead
to the legalization. It doesn't open the door necessarily to
(19:26):
the recreational use. And so that's something I like to
remind folks, particularly you know, lay individuals and consumers and
patients that it's definitely something to look into, but it
won't it doesn't affect the individual's ability to you know,
openly use recreational marijuana, even if that were to occur.
Speaker 3 (19:51):
Yeah, So, Attorney James, I think I put the car
before the horse. Can you define what reclassification is for
those lay people who may have heard.
Speaker 1 (19:59):
Of but really not understand what it means.
Speaker 2 (20:02):
Yeah, So reclassification is something that the federal government regulates
the use of drugs across the board, and so reclassification
is an attempt for the federal government to place medical
marijuana in a category of drugs that it considers less risky.
(20:28):
And again I'm using very simple kind of lay terms.
And so right now marijuana is in a category that
is classified like heroin. And so there are a lot
of people who have been pushing over the years to
(20:49):
reclassify marijuana so that it's not in the same category
as some of the most dangerous drugs, but that it
opens the door for research and it could potentially have
some criminal law implications and.
Speaker 1 (21:06):
Also taxes, So businesses.
Speaker 2 (21:09):
That operate in the marijuana space would have some different
tax advantages or changes in terms of how taxes would
be applied to them if it were rescheduled. Yeah, and
have you heard from any folks in the cannabis industry
(21:30):
here in Florida who may have weighed in on the
new law or can you tell me what the impact
could be for our Florida based cannabis companies with not
the reclassification, but the new law in Florida here that
could revoke folks cards if they have a prior conviction.
Speaker 1 (21:48):
Yeah, I think the most.
Speaker 2 (21:51):
Obvious impact is going to be the number of cardholders
being reduced from.
Speaker 1 (21:59):
The clients and customers.
Speaker 2 (22:02):
Customer base will be reduced because of this.
Speaker 1 (22:08):
Population of patients.
Speaker 2 (22:10):
That will or have had their cards immediately revoked.
Speaker 1 (22:15):
And so that is something that.
Speaker 2 (22:19):
Again across the entire landscape, whether there's a physician or
a dispensary owner should be aware of that. That nine
hundred thousand number is immediately reduced because of the revocation law.
Speaker 1 (22:35):
But as you.
Speaker 3 (22:36):
Said earlier, if those folks follow certain steps right, they
could have it reinstated.
Speaker 2 (22:43):
Yes, yes, and so the law again allows for a reinstatement.
There is a process and a notarized statement that has
to be done, but there is an opportunity for reinstatement,
specifically if that person has completed all of the requirements
(23:03):
and can show once again the medical need for the
use of cannabis.
Speaker 3 (23:12):
And just a reminder that recreational in Florida is illegal.
So we want to advise you not to say my
car has been revoked, I'm gonna go get something.
Speaker 1 (23:23):
Off the street, because that absolutely there is a lot
of risk in that and it is is illegal under
Florida law.
Speaker 3 (23:33):
It is it is, so, Attorney James, any closing thoughts
or resources that are available to help the public get
more information about this new law in Florida.
Speaker 2 (23:43):
Yeah, so, I would definitely continue to monitor the Florida
Department of Health website and that's the Office of Medical
Marijuana Use off the Medical Marijuana Use. If you have
a pending case, this is something that you should definitely
(24:04):
talk with your you know, legal team about and what
the implication that it has for you. Again, this is
also and I don't think I said this specifically, if
you plead guilty to an eight ninety three offense, and
so again, as you're weighing.
Speaker 1 (24:27):
The pros and cons of your.
Speaker 2 (24:30):
Own legal defense, this is something that you want to consider,
but definitely something you want to monitor. I recommend that
if you have an offense that falls in this category.
Speaker 1 (24:44):
Again, your car has been revoked.
Speaker 2 (24:47):
Uh it is immediate effect of July one, and so
you want to act accordingly.
Speaker 1 (24:53):
Yeah.
Speaker 3 (24:54):
So, Attorney James, thank you for being a guest on
our conversations on Cannabis Virtual Form, brought to you by
the Medical Marijuana Education and Research Initiative at Florida and
m University. Thank you to everyone watching this program. Tell
us what you think about this form by completing the
survey posted in the comment boxes on Mary's social media pages.
(25:15):
If you complete the survey, your name will be entered
into a drawing in September twenty twenty five to win
a one hundred dollars gift card provided by one of
Mary's partners. We also want to encourage you to go
to the Florida Department of Health Office of Medical Marijuana
Use website to learn how to obtain a legal medical
marijuana cart in the state of Florida. And we also
(25:36):
encourage you to go to Florida and M University's Merry
website to learn more about this initiative, its educational programs,
and about cannabis use in Florida. Thanks everyone.
Speaker 2 (25:51):
The views and opinions of our invited guest are not
necessarily the views and opinions of Florida Agricultural and Mechanical
University or the Medical Marijuana Education and Research Initiation JAP
From the WA and M Studio on the campus of
Florida A and M University.
Speaker 2 (00:04):
This is Mary Forum Radio, a weekly conversation on the
education and research of the medical marijuana being conducted at BAMUNI.
Speaker 3 (00:12):
Hi. I'm Heidi Outweigh, your host for this conversations on
Cannabis Virtual Form, brought to you by the Medical Marijuana
Education and Research Initiative at Florida and M University. In
this conversation, we're talking about a new Florida law that
may affect a patient's access to medical marijuana. So let's
(00:33):
talk and learn about this subject with our guests. Attorney
Sharon James is an experienced legal and policy professional with
a strong background in regulatory affairs, government advocacy, and health
care policy. She has represented both public agencies and private
clients before the Florida Legislature and key state regulatory bodies.
(00:56):
Her work focuses on laws that directly affect can consumers
and access to care. As Florida's former insurance Consumer Advocate,
Attorney James worked on a wide range of healthcare related legislation,
giving her a deep understanding of how policy decisions can
shape real world outcomes. Attorney James it's great to have
(01:18):
you back on the live forum. Great to be here
to everyone watching. Please share the link to this form
on your social media channels so others can learn about
this topic. We also want you to tell us what
you think about this forum by completing the survey that
will be posted on Mary's social media pages. Your name
will be entered into a drawing in September twenty twenty
(01:41):
five to win a one hundred dollars gift card provided
by one of Mary's partners. Now, let's start this conversation
on cannabis. So, Attorney James Florida recently passed the law
that could suspend or permanently revoke medical marijuana cards from
some individuals with prior marijuana convictions. Can you break that
(02:03):
down for us and let us know who it impacts?
Speaker 1 (02:06):
Absolutely so.
Speaker 2 (02:08):
This past legislative session, Cenate Build twenty five to fourteen
passed through the Florida legislature and it became effective July
first of this year. And the new law amends Florida
Medical marijuana Statute in two ways. One, there's immediate suspension
on new drug charges, specifically under Chapter eight ninety three
(02:32):
and Chapter eight ninety three is Florida's Comprehensive Drug Abuse
and Prevention Control Act. So the law impacts individuals that
have been convicted pled no contest to drug charges under
Chapter eight ninety three. It requires the Department of Health
to immediately revoke a medical marijuana registration card if that
(02:59):
person is again convicted, pleads guilty or no contest to
a charge under eight ninety three.
Speaker 3 (03:05):
Okay, So how does the law like this typically move
from being signed to being enforced?
Speaker 2 (03:13):
Yes, so laws like this again start through legislative action.
The bill, as I mentioned, passed through the legislature. It
was signed by the governor and became law July first.
Once a bill becomes law, it is actually law. It
has to be enforced, but is implemented through state agency action.
(03:35):
And so the Florida Department of Health Office of Medical
Marijuana Used is the agency and the division within state
government that enforces this particular change in law.
Speaker 3 (03:47):
Okay, So how is this prior marijuana convention defined under
the law and are all offenses treated equally or are
there certain distinctions?
Speaker 2 (04:00):
So this particular instance relates specifically to drug trafficking, sale,
the manufacturer, delivery and possession with intent area of drug offenses.
Speaker 1 (04:13):
So simple possession.
Speaker 2 (04:15):
Would not fit the scope of this particular law. So
individuals that have those types of again charges and convictions
to pay close attention to the changes that are taking
place in this area.
Speaker 3 (04:32):
Yeah, so then are there some gray areas in the
laws that applies to people with past marijuana convictions.
Speaker 2 (04:40):
So there currently and even before this, there was language
that essentially gave the Department of Health the right or
the requirement to suspend while charges were pending this particular law,
So there is some gray area. But this statute is
(05:00):
very specific to Chapter eight ninety three and again those
laws that and those crimes that specifically relate to individuals
that have a history or past conviction and.
Speaker 1 (05:13):
Trafficking and the intent to sell.
Speaker 2 (05:17):
So again, if you had an eight ninety three conviction
or issue, there may have been a suspension, but not
again related to manufacturing, possession, trafficking those areas, then this
would not apply to you.
Speaker 3 (05:33):
Okay, what is the impact on patients who are currently
on probation? Can they be reinstated?
Speaker 2 (05:39):
So that's a great question, and it goes to one
of the areas in the new law that is really important.
So under the new law, if you have one of
the related you know convictions, it's an automatic revocation of
the license and you can seek reinstatement, but that reinstatement
(06:06):
is not offered to you or available until you have
completed all of your requirements under that you know particular conviction.
So if you're currently on probation your card has been revoked,
you would not be able to seek reinstatement until after
your probation is completed. So confimation community service, any related finds,
(06:29):
all of the conditions of that kind of disposition or
that charge or punishment have to be cleared before you
can seek reinstatement.
Speaker 3 (06:41):
So is this policy retroactive? I mean, are there going
back and looking with folks you know, looking in their
past and moving forward or is it only for folks
with new people who are applying for new cards.
Speaker 2 (06:52):
It is the bill did not specifically make it retroactive,
but that is one of the things that we'll have
to teenue to monitor.
Speaker 1 (07:01):
Again. The bill became law July first.
Speaker 2 (07:05):
There at this point there hasn't been a tremendous amount
of agency action that you know, more specifically finds how
the agency will apply UH and implement the statute. But
it's definitely something that will need to be monitored.
Speaker 3 (07:20):
Yeah, So how does this law fit into Florida's existing
medical marijuana regulations?
Speaker 2 (07:26):
So even before this, there was regulation that existed that
again allowed for the suspension of a license while a
case was pending. And one thing that I hadn't mentioned
to keep in mind, this not only applies to the
(07:46):
card holder, but also.
Speaker 1 (07:47):
If you are a caregiver.
Speaker 2 (07:49):
So if you are a caregiver that is helping a
person that has a card and this happens to you,
or you have a conviction in this area, your ability
to serve as a caregiver is also revoked. So wow,
that's interesting.
Speaker 1 (08:11):
Wow.
Speaker 3 (08:12):
So can you kind of kind of also kind of
explain the difference between the law regarding medical marijuana, because
we're specifically talking about medical marijuana in this regard, which
is legal in Florida, and then recreational marijuana under Florida law.
Speaker 1 (08:26):
Can you talk about the difference with that.
Speaker 2 (08:28):
Yeah, that's a really great distinction, especially in the state
of Florida. So in Florida current we currently only have
a medically regular we only have marijuana that is regulated
for medical marijuana.
Speaker 1 (08:44):
In twenty four there was a constitutional.
Speaker 2 (08:49):
Amendment that was brought forth to make Florida a recreational state.
Speaker 1 (08:55):
That amendment failed.
Speaker 2 (08:57):
So for the sake of clarity for those that are
watching and listening, we are we are a medical marijuana state,
not a recreational state. And so that's something what we're
talking about and discussing only applies to medical marijuana. Keep
in mind, the ravocation of the registration is immediate, uh,
(09:19):
and at this point, if you have one of the
convictions under the statue, your card is no longer valid,
and so that's something that people should be well aware of.
There is not currently any type of notification process that.
(09:42):
There's also not a notification process where law enforcement specifically
notifies the Department of Health of a person's convictions.
Speaker 1 (09:54):
So it really is on the card holder to.
Speaker 2 (10:01):
You know, monitor that and be aware that their card
may no longer be valid.
Speaker 1 (10:06):
So an example would.
Speaker 2 (10:07):
Be if you have your card revoked because of one
of these convictions and you're stopped, that means that you
are no longer in lawful possession of the marijuana that
you receive through your medical marijuana card, and so that's
something should be very aware of.
Speaker 3 (10:29):
Wow, that's so fascinating. So do you know how many
people might be affected by this change based on available
data or state reporting?
Speaker 2 (10:38):
So it's really hard to estimate. There are a little
over nine hundred thousand qualified patients at this point, so
of course a percentage of those individuals are folks that
have been charged with Chapter eight ninety three offenses. So
it's hard to say whether that's you know, one percent
(11:01):
or ten percent, but the total is over nine hundred thousand,
so there is a fraction of those individuals that will
and have had their cards revoked at this point.
Speaker 1 (11:15):
Wow.
Speaker 3 (11:15):
So what agencies are responsible for enforcing or carrying out
this law and how do they determine this eligibility?
Speaker 2 (11:25):
So ultimately the Department of Health is responsible because they
are the ones that actually.
Speaker 1 (11:34):
Give out the cards.
Speaker 2 (11:36):
But in order for this law to be implemented, there
has to be and there will be some degree of
coordination between Department of Health and law enforcement because again
DOH operates in the health space, not in the criminal
justice space. So at this point, as I mentioned in
(11:59):
this it was clear on the oh's website there is
no automatic communication that's taking place at this point between
the law enforcement agency and Department of Health, and so
there is some self policing that will be required and
(12:20):
the honance may be placed upon the patient to ensure
that they still have a valid license or not.
Speaker 3 (12:29):
Well, that's good because I'm glad you said that, because
we're actually getting questions.
Speaker 1 (12:33):
For people asking specifically about this.
Speaker 3 (12:35):
And if you don't mind, I'll pull up one because
then you can see what we're getting. Let's pull up
the comment from Karla Ashburn. She says, as a clinic owner,
who's responsible, whose responsibility is it to know if a
patient falls under the new law? Will background checks be
done by the o MMU.
Speaker 1 (12:53):
So that's a great question.
Speaker 2 (12:54):
I think that we from my understanding, and I don't
speak for the agency again just a regulatory thought leader,
that is, there's a gap in terms of that where that.
Speaker 1 (13:10):
Accountability lies at this point.
Speaker 2 (13:13):
And so typically when a law is passed, an agency
has an opportunity to go through the rule making process
to more specifically clarify how a law will be implemented.
So we haven't seen that yet, and so this is
an area that may require again some public input which
(13:38):
is available through the rule making process to clarify where
that line of accountability will be okay, and then we
have another question, but we had already had this in
our question that I want to ask you, So from
a regulatory compliance perspective, how my dispensaries are medical marijuana
qualify medical marijuana physicians need to adapt And this aligns
(14:02):
with the question that we received from Tracy asking how
is the certifying doctor notified? So that along the lines
of that same one of questioning. Again, based upon what
I've seen so far, there is no specificity yet and
so the hope is that in the near future there
(14:25):
may be more specificity. Aside from the patient attesting to
the fact that they have not been convicted or you
know plaied nolo contendre or been charged with a drug
charge under.
Speaker 1 (14:44):
Eight ninety three, that may be it.
Speaker 2 (14:47):
So any documentation that you may have as a physician,
or any consents that you require as a dispensary. Maybe
at this point it just may fall, like I said,
in the area of self policing and having the patient
attests that they have not run a foul of the change.
Speaker 1 (15:08):
In the law.
Speaker 2 (15:09):
Yeah, So what I'm hearing is if patients are currently
holding medical marijuana cards, how do they stay informed or
protect their access under this new law, what should they do? Yeah,
So I would encourage every patient that has had some
type of charge or conviction in the under eight ninety
(15:35):
three again, which is the Comprehensive Drug Abuse Prevention and
Control Acts. So if you have a drug charge. Again,
even if I would say, if I were a patient
and I had any type of drug charge, I would
check to make sure that my.
Speaker 1 (15:55):
Issue did not fall under eight ninety three.
Speaker 2 (15:57):
If it doesn't, if it's not an eight ninety three
drug conviction, then you should be fine.
Speaker 1 (16:04):
If it is eight ninety three, you want to double.
Speaker 2 (16:08):
Check that and at this point expect that it has.
Speaker 1 (16:15):
Impacted your medical marijuana card.
Speaker 2 (16:20):
Again, I wish I had more information to share in
terms of the best way for the patient to confirm that.
Speaker 1 (16:27):
Outside of the clerical courts office.
Speaker 2 (16:30):
But at this point, if you have an eight ninety three,
I would definitely err on the side of caution.
Speaker 1 (16:38):
And reach out to the department.
Speaker 3 (16:41):
Okay, So then my follow up would be, if they
find out that their card is revoked, can they still
use their products that they may have already purchased.
Speaker 2 (16:49):
I would again err on the side of caution. My
answer would be no, as I mentioned earlier. The revocation
is immediate, and so you would no longer be in
law whole possession.
Speaker 1 (17:03):
If your card has been revoked. So I would say
absolutely not.
Speaker 3 (17:08):
Wow. So are there examples from other states where similar
policies have been enacted?
Speaker 1 (17:13):
Yeah, So this.
Speaker 2 (17:15):
Medical marijuana and the regulation of medical marijuana is in
ever changing landscape across the country.
Speaker 1 (17:25):
There are other states that.
Speaker 2 (17:28):
Have specifically UH and this isn't unusual if you have.
Speaker 1 (17:35):
A prior drug conviction.
Speaker 2 (17:38):
There are other states that regulate the use of medical marijuana,
the registration and the availability of medical marijuana for folks
that have prior drug convictions, So that in and of
itself is not unusual. You know, Florida is Florida's law
(17:58):
is very specific at this point because it clearly delineates
the types of drug offenses that would lead to immediate revocation.
So again keep in mind that this specifically relates to manufacturing, trafficking,
possession with the intent to distribute through Those types of
(18:20):
drug offenses are the ones that Florida has specifically targeted.
Speaker 3 (18:25):
Yeah, so it's interesting that we're having this conversation as
the federal government is again talking about reclassifying marijuana. Can
you provide an update on where this stands right now?
Speaker 2 (18:36):
Yeah, So many of us who work in this space
have been following the federal government's attempt or efforts at
potentially rescheduling marijuana. As of you know, today's date, it
has not happened.
Speaker 1 (18:56):
There are it's.
Speaker 2 (18:58):
In the federal rulemaking process, but you know, nothing has happened.
Speaker 1 (19:03):
And again, this has been going on.
Speaker 2 (19:05):
For I would say for quite some time through two administrations,
and so it's still a question mark as to what
will happen there. But even the rescheduling, it doesn't lead
to the legalization. It doesn't open the door necessarily to
(19:26):
the recreational use. And so that's something I like to
remind folks, particularly you know, lay individuals and consumers and
patients that it's definitely something to look into, but it
won't it doesn't affect the individual's ability to you know,
openly use recreational marijuana, even if that were to occur.
Speaker 3 (19:51):
Yeah, So, Attorney James, I think I put the car
before the horse. Can you define what reclassification is for
those lay people who may have heard.
Speaker 1 (19:59):
Of but really not understand what it means.
Speaker 2 (20:02):
Yeah, So reclassification is something that the federal government regulates
the use of drugs across the board, and so reclassification
is an attempt for the federal government to place medical
marijuana in a category of drugs that it considers less risky.
(20:28):
And again I'm using very simple kind of lay terms.
And so right now marijuana is in a category that
is classified like heroin. And so there are a lot
of people who have been pushing over the years to
(20:49):
reclassify marijuana so that it's not in the same category
as some of the most dangerous drugs, but that it
opens the door for research and it could potentially have
some criminal law implications and.
Speaker 1 (21:06):
Also taxes, So businesses.
Speaker 2 (21:09):
That operate in the marijuana space would have some different
tax advantages or changes in terms of how taxes would
be applied to them if it were rescheduled. Yeah, and
have you heard from any folks in the cannabis industry
(21:30):
here in Florida who may have weighed in on the
new law or can you tell me what the impact
could be for our Florida based cannabis companies with not
the reclassification, but the new law in Florida here that
could revoke folks cards if they have a prior conviction.
Speaker 1 (21:48):
Yeah, I think the most.
Speaker 2 (21:51):
Obvious impact is going to be the number of cardholders
being reduced from.
Speaker 1 (21:59):
The clients and customers.
Speaker 2 (22:02):
Customer base will be reduced because of this.
Speaker 1 (22:08):
Population of patients.
Speaker 2 (22:10):
That will or have had their cards immediately revoked.
Speaker 1 (22:15):
And so that is something that.
Speaker 2 (22:19):
Again across the entire landscape, whether there's a physician or
a dispensary owner should be aware of that. That nine
hundred thousand number is immediately reduced because of the revocation law.
Speaker 1 (22:35):
But as you.
Speaker 3 (22:36):
Said earlier, if those folks follow certain steps right, they
could have it reinstated.
Speaker 2 (22:43):
Yes, yes, and so the law again allows for a reinstatement.
There is a process and a notarized statement that has
to be done, but there is an opportunity for reinstatement,
specifically if that person has completed all of the requirements
(23:03):
and can show once again the medical need for the
use of cannabis.
Speaker 3 (23:12):
And just a reminder that recreational in Florida is illegal.
So we want to advise you not to say my
car has been revoked, I'm gonna go get something.
Speaker 1 (23:23):
Off the street, because that absolutely there is a lot
of risk in that and it is is illegal under
Florida law.
Speaker 3 (23:33):
It is it is, so, Attorney James, any closing thoughts
or resources that are available to help the public get
more information about this new law in Florida.
Speaker 2 (23:43):
Yeah, so, I would definitely continue to monitor the Florida
Department of Health website and that's the Office of Medical
Marijuana Use off the Medical Marijuana Use. If you have
a pending case, this is something that you should definitely
(24:04):
talk with your you know, legal team about and what
the implication that it has for you. Again, this is
also and I don't think I said this specifically, if
you plead guilty to an eight ninety three offense, and
so again, as you're weighing.
Speaker 1 (24:27):
The pros and cons of your.
Speaker 2 (24:30):
Own legal defense, this is something that you want to consider,
but definitely something you want to monitor. I recommend that
if you have an offense that falls in this category.
Speaker 1 (24:44):
Again, your car has been revoked.
Speaker 2 (24:47):
Uh it is immediate effect of July one, and so
you want to act accordingly.
Speaker 1 (24:53):
Yeah.
Speaker 3 (24:54):
So, Attorney James, thank you for being a guest on
our conversations on Cannabis Virtual Form, brought to you by
the Medical Marijuana Education and Research Initiative at Florida and
m University. Thank you to everyone watching this program. Tell
us what you think about this form by completing the
survey posted in the comment boxes on Mary's social media pages.
(25:15):
If you complete the survey, your name will be entered
into a drawing in September twenty twenty five to win
a one hundred dollars gift card provided by one of
Mary's partners. We also want to encourage you to go
to the Florida Department of Health Office of Medical Marijuana
Use website to learn how to obtain a legal medical
marijuana cart in the state of Florida. And we also
(25:36):
encourage you to go to Florida and M University's Merry
website to learn more about this initiative, its educational programs,
and about cannabis use in Florida. Thanks everyone.
Speaker 2 (25:51):
The views and opinions of our invited guest are not
necessarily the views and opinions of Florida Agricultural and Mechanical
University or the Medical Marijuana Education and Research Initiation JAP
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