Lawmakers are set to pass a roll-out of Amendment 2, the constitutional proposal overwhelmingly approved by voters last year that legalized medical marijuana for a broad swath of patients.
Yesterday’s debate over the pot legislation — which would add 10 MMJ licenses to the state’s current 7 operators and set a cap of 25 dispensaries per operator (sort of) — included some exchanges that elicited groans, giggles and gasps from the 5th floor press galleries and others observing the fireworks.
Sen. Jeff Clemens, D-Lake Worth, who sponsored an amendment that would have allowed patients to smoke marijuana products said the smoking ban is unconstitutional.
“There’s going to e a lawsuit and we’re going to lose,” he said.
Clemens also rejected arguments that patients shouldn’t be allowed to smoke pot because smoking isn’t healthy, pointing out that some patients are terminally ill or suffer from diseases like ALS.
“Are we really going to tell those folks that we’re worried about your lung health 30 years down the road when you’ve got six months to live? That’s absurd,” he said.
Questions about who would benefit from a component of the bill that would give preference to current or one-time citrus processors who want to gain entree into the pot industry were largely left unanswered.
Sen. Jeff Brandes, R-St. Petersburg, offered an amendment on the floor that would have stricken the provision from the bill, using an olfactory analogy to prove his point.
“You and I know this doesn’t smell right,” Brandes, who has pushed a broad expansion of the marijuana market.”There are industries that go in and out of business all the time.
You should allow a process that allows everyone to compete.”
Sen. Tom Lee, a Brandon Republican who once served as president of the chamber, backed him up.
“Enough’s enough,” Lee said, adding that the provision should have allowed health officials to also give preference to other facilities “situated for reuse” in blighted or economically depressed areas. “But my guess is this is for one company. We’re just about soon to find out who it is. For me enough’s enough. Enough’s enough.”
That drew an explanation from Senate Majority Leader Wilton Simpson, R-Trilby.
“First of all, the way this language is written is for no one that is guaranteed a license. It is very specific that says you have a better opportunity,” Simpson said in what was, for him, an unusually long response.
Simpson said health officials might give the citrus processors “two additional points” when scoring the applications, and that the provision could help a failing industry.
In certain parts of the state, “you will see these large factories that used to be orange (producers) with hundreds of jobs and sometimes thousands of jobs,” Simpson said.
“Dade City, Florida, had two of these facilities. Both are gone. And today we have more than 20 of these facilities where farmers and groups of farmers have tens of millions of dollars of capital tied up in these facilities and now they are shuttered. This amendment simply says that in the process of adding to license holders they can have a consideration of favorability, all other things being equal,” he said. “These are food-grade facilities. These aren’t just farmers with stands on the side of the road.”
In the lower chamber, a discussion of the ban on smoking included in the legislation prompted an intra-party dispute.
Rep. Katie Edwards, a Plantation Democrat who was instrumental in the passage of the state’s 2014 low-THC marijuana law, read from the language of the amendment, which said that smoking can be forbidden in public places.
She noted that lawmakers are being hammered by proponents of the measure who insist that the amendment allows patients to smoke pot products, a campaign that’s generated the hashtag #nosmokeisajoke.
“It’s very easy to get sidetracked and come up with hashtags and campaigns,” Edwards, a lawyer, said. “I do not want us to be sued. Nobody here wants to be sued because you know what? A lawsuit benefits one attorney, one firm. It does not help us get this to the patients quicker.”
Rob Bradley predicted the medical marijuana legislation would evolve into an annual examination, much like fights over alcohol laws.
“We are going to open this law and revisit it and tweak it every year. There’s an alcohol bill every year. …and there’s going to be a marijuana bill every year,” Bradley, who’s been in charge of the pot legislation for the past three years.
Bradley also defended an element of the bill that allows local governments to ban dispensaries but, cities and counties can’t limit the number of retail outlets if they permit them at all.
“I’ll be very frank. This language makes some of the incumbents mad. This language makes some of the counties and cities not particularly happy,” he said.
The provision was intended to “strike a balance” between local control and guaranteeing access to medical marijuana to patients, Bradley said.
“This is not a joke. This isn’t Cheech and Chong. This is serious medicine, and it should be treated as such,” he said.