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December 2019 Florida Marijuana Legalization Update


Florida is moving quickly when it comes to decisions concerning actions already taken by Florida voters to legalize marijuana and related products, while some state authorities find new areas of the law to stifle these efforts, as we describe below:


In December, a number of issues involving the legalization of marijuana and related products were brought before Florida health officials in what appears to be the state finally setting in motion laws that were passed by Florida lawmakers more than two years ago. This includes regulations developed by the Department of Health concerning what is and is not legal.

Medical Marijuana

In addition, the Florida legislature may also soon limit how much THC can be included in legal medical marijuana products. The 2016 amendment very generally allows for the medical use of the substance for individuals who have ‘debilitating medical conditions’ as determined by a Florida physician. According to the latest reports, almost 1,500 physicians certified patients to use medical marijuana within the course of the last year, however, more than 60 percent of these certifications were done by nine percent of the physicians

Recreational Marijuana

Meanwhile, hearings on the dangers of recreational marijuana were held by the Florida House in what appears to be an effort by the House Health Quality Subcommittee to establish as much opposition as possible to a constitutional amendment to legalize recreational marijuana throughout the state.

Federal Communications Law Violations

In addition, Florida’s largest medical marijuana operator was sued over allegations that it sent mass text messages to customers about marijuana advertisements in what amounted to a violation of federal communications laws.

Florida Supreme Court Case On Florida’s ‘Vertical Integration System”

DeSantis’ administration is also currently asking the Florida Supreme Court to reject an appeals court ruling that Florida’s vertical integration system requiring operators to ‘do it all’ – grow, process, and sell marijuana products – violates the 2016 amendment that legalized medical marijuana in Florida. The 2017 law was reportedly designed to prevent smuggling of the substance to states where it is still illegal and any associated illegal activities, such as selling to minors, many argue that it unconstitutionally restricts the licensing process and unreasonably caps registration, leading to an arbitrary process of the state essentially hand-picking who it wants to provide these licenses to.

Contact Our Florida Drug Crime Defense & Civil Rights Attorneys to Find Out More

Figuring out the status of marijuana and marijuana-related products can be confusing, especially if you are a businessman who has applied for a license or who is dealing with confrontation from law enforcement because your business involves hemp. Contact our experienced Orlando criminal defense attorneys at the Baez Law Firm today if you have any questions or need assistance with ensuring that you are protected.







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