Many Republican lawmakers in Florida haven’t hidden their skepticism about the use of marijuana as a medical palliative.
After voters overwhelmingly approved a constitutional amendment broadly legalizing medical marijuana in 2016, the Republican-controlled Legislature grudgingly laid out a framework for a cannabis industry that has since drawn hundreds of thousands of patients.
But, after first outlawing smokable marijuana and then reversing the ban at the insistence of Gov. Ron DeSantis two years ago, GOP lawmakers continue trying to rein in Floridians’ legal use of cannabis.
A pair of new legislative proposals would place a 10 percent THC cap on smokable marijuana and limit THC levels to 16 percent in other medical-marijuana products, excluding edibles. THC, or tetrahydrocannabinol, is the main psychoactive component of marijuana that makes users feel high.
The bills, filed by Rep. Spencer Roach, R-North Fort Myers, and Sen. Ray Rodrigues, R-Estero, would also impose advertising restrictions on doctors who order cannabis for their patients. Currently, about 2,500 of the state’s roughly 90,000 physicians have undergone the requisite training allowing them to order medical marijuana for qualified patients.
Medical marijuana advocates fiercely criticized the bills (HB 1455 and SB 1958), which they maintain will force patients to spend more money to achieve the same effects from their medical treatment.
Roach’s proposal “continues to encroach on the practice of medicine between a physician and their patients using outdated, random and scientifically unsubstantiated information,” Apollo Beach physician Sasha Noe told The News Service of Florida. “As a physician, it is my job to ensure safety and efficacy while utilizing levels of cannabinoids that are effective for each patient and for each patient’s medical conditions while having a comprehensive understanding of medicine and existing research and mitigating their risks.”
The proposed THC caps “are unnecessary and not scientifically based and only serve to create more barriers” to treatment now available to patients, Noe added.
While Republicans control both legislative chambers as well as the governor’s office, the Florida Senate has put the brakes on proposed THC limits the past two years.
But the 2021 legislative session, which begins Tuesday, could be a turning point.
Senate President Wilton Simpson, R-Trilby, said recently that the Senate supports the move to cap THC. It’s unclear where DeSantis, whose approval would be required if lawmakers approve THC limits during the 60-day session, stands on the issue.
“It’s certainly something that’s on the table,” Simpson told reporters last month. “I think we have a lot of senators that would support an idea like that.”
The proposed caps, however, have drawn pushback from House Democrats.
“A lot of the main folks in the House for the last few years, who have really made sure that cannabis reform never took place, are now in the Senate. So, I expect it to be at an even louder volume this year,” House Minority Co-leader Evan Jenne, D-Dania Beach, said Monday. “All cannabis debate really, behind closed doors, hasn’t shifted about what is good for people and what is going to be good medicinally moving forward. The debate has been how do we carve up all of these billions of dollars that are going to start flowing here pretty soon.”
Proponents of the THC caps, including House Speaker Chris Sprowls, R-Palm Harbor, have pointed to research linking high-potency marijuana with negative mental-health effects, especially on the developing brain.
But critics of the potency limits say the research is outdated and ignores other studies showing marijuana’s benefits for adults with certain medical conditions.
“Some members of the Florida Legislature are still hung up in the past and don’t respect the will of the voters,” Orlando trial lawyer John Morgan, who was a major financial backer of the effort to pass the 2016 amendment, told the News Service in an email on Monday.
Morgan noted that more than 71 percent of voters approved the constitutional amendment, which he called a “landslide” victory in Florida.
“The current system is working with ZERO problems. Unlike the pharmaceutical and alcohol industry where we see deaths routinely and huge human suffering. In the middle of a global pandemic some legislators are focused on a non-problem while we can’t get shots (vaccinations) in arms. It’s beyond sad. And why politicians are so universally despised,” he added.
The number of medical marijuana patients in Florida has continued to climb since lawmakers in 2017 passed legislation to implement the amendment, with nearly 500,000 qualified patients as of Friday, according to the Florida Department of Health.
Medical marijuana operators and industry advocates are decrying the proposed THC limits. Agriculture Commissioner Nikki Fried, a former medical-marijuana lobbyist, called the proposed caps “outrageous” in an email to supporters.
“Marijuana is medicine. A THC cap will limit its impact and increase costs, forcing hundreds of thousands of sick patients to buy from the illegal market,” Fried said in the email.
Jane Gentile-Youd says
God grows pot. Too bad the liquor industry lobbyists and their pawns in our legislature are afraid of losing billions to God’ healthy totally physically harmless form of non destructive enjoyable medicine. Hopefully I will still be alive when pot as grown by God is legal
citizen says
waste of time and taxpayer dollars. 10% is an arbitrary number.
palm coasterr says
I use medical marijuana as directed. It’s not difficult to tell that there are some people who have their card just to get high. A THC cap wouldn’t really hinder me as the dosage I take are 10mg capsules.
There are some people with serious conditions though, those that may need 50mg. Herniated discs, cancer patients, parkinsons… is the expectation just that they should take more? Take 5 pills to my 1? Yeah there can be more regulation, but don’t put the burden on people just trying to get better
Steve says
Dont see Caps on Pharmacueticals other prescribed Drugs. Dont see limits on alcohol you can buy Grain 160 proof. The Florida Legislature just doesnt like the idea Medical Cannabis is Legal at all and will do there part to control not for the good of Patients either. Forget Recreational being passed not in this State. Sure the People would Vote for it but it wont make the floor for a vote IMO.And if it does its going to be awhile. At least they should DeCriminalize it, instead of arresting and locking folks up for it. It no longer makes sense.
James says
Im against thc caps but they do cap opioid meds in Florida since trump signed his opioid epidemic bill years ago… its what pushed me into a death spiral and into hospice care I was so sick, three years later I can still barely function and im getting my meds now, hospice is the only area where you can exceed the cap for opioid meds. And I happen to have severe diseases like eds and fibro that make me hurt so much I need a lot more than the cap. Its insane and keeping in a medical limbo
Trailer Bob says
I don’t have to rely on the Government for me to grow tomatoes, and I certainly do not have to rely on the Government if I choose to smoke pot. Anyone who still believes that weed is some type of poison is ignorant. But alcohol??? no problem, I mean what could go wrong there? Matter of fact, I don’t know anyone under 65 who hasn’t tried it.
Delta 8 Near Me says
Legal or illegal people would have it if they want to
Michael says
Rep. Spencer Roach is identified as a Democrat in this article, but he’s a Republican (not that it matters much in FL).
Thanks for including the quote from Evan Jenne. He correctly identifies the motivation for this legislation.
As with most political efforts lately, this is another money grab disguised as a moral panic.
The people voted directly for medical marijuana.
It’s probably time we voted again to keep it.
FlaglerLive says
Thank you for the correction.
ConcernedCannabis says
It amazes me how Floridians continue to vote in such terrible politicians. I’m a medical cannabis patient and I was excited to see the voter support on amendment 2. What’s concerning is our elected representatives have openly tried time & time again to subvert the will of the voters on this issue. Why do we keep voting in the same clowns who have proven they don’t care about their constituents?