TALLAHASSEE, Fla. (March 7, 2016) – A bill expanding the state’s “Right to Try” law by legalizing the limited use of medical marijuana passed the state Senate today and will go on to the governor’s desk. If signed into law, the legislation will further nullify in effect federal prohibition of cannabis.
Rep. Matt Gaetz (R-Fort Walton Beach) sponsored House Bill 307 (HB307). Sen. Rob Bradley (R-Fleming) sponsored a companion bill in the Senate (SB460). The legislation allows doctors treating terminally ill patients that qualify under Florida’s new “Right to Try” law to prescribe medical marijuana.
The legislation was also amended to revise existing regulations relating to the state’s low-THC cannabis industry covered by the 2014 Compassionate Medical Cannabis Act. The law allows physicians to prescribe low-THC cannabis to treat patients suffering from cancer or other conditions that produce seizures or severe and persistent muscle spasms if no other satisfactory alternative treatment options exist. The five dispensing organizations authorized to produce and distribute low-THC cannabis under current law would also be able to do the same for medical marijuana under HB307.
HB307 passed the House 99-16 on March 3. The Senate substituted the House version for SB460 and passed it 28-11 today. It will now head to Gov. Rick Scott’s desk. He will have 15 days to sign or veto the bill. If he takes no action, it will become law without his signature.
HB307 expands on a recently passed “right to try” law that effectively nullifies in practice some Food and Drug Administration (FDA) rules preventing terminally-ill patients from accessing experimental treatments. The legislation would allow such patients to access medical marijuana, along with other experimental medicines and treatments.
If Gov. Scott signs HB307 into law, Florida will join more than two-dozen states ignoring the federal prohibition of marijuana by allowing its use for medicinal purposes.
EFFECT ON FEDERAL PROHIBITION
Congress and the president claim the constitutional authority to ban marijuana entirely. The Supreme Court concurs. However, nearly two-dozen states have taken steps to put the well-being of their citizens above the so-called federal supremacy by legalizing marijuana to varying degrees anyway.
“The rapidly growing and wildly successful state-level movement to legalize marijuana, either completely, or for medical use, proves that states can successfully effectively reject unconstitutional federal acts. The feds can claim the authority to prohibit pot all they want, but it clearly has done nothing to deter states from moving forward with plans to allow it, pushed by the will of the people,” Tenth Amendment Center executive director Michael Boldin said.
Although HB307 only authorizes medical marijuana for a narrow group of people, it is still a good first step. By opening the door for terminally ill patients to reap the benefits of medicinal cannabis, the state would craft its own policy rather than follow the federal government’s lead. It also would take another small step toward nullifying in practice the unconstitutional federal ban.
Since FBI statistics show that approximately 99 of 100 arrests for marijuana are done under state and not federal law, states can take immediate action to effectively nullify federal attempts to keep the plant illegal. Every expansion of state marijuana legalization makes it even more difficult for the federal government to enforce its prohibition on the plant.
HB307 was drafted as expansions to Florida’s “Right to Try” law that went into effect earlier this year, nullifying in practice certain Food and Drug Administration (FDA) rules that prevent terminally ill patients from accessing unapproved treatments.
The Federal Food, Drug, and Cosmetic Act prohibits general access to experimental drugs. However, under the expanded access provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb, patients with serious or immediately life-threatening diseases may access experimental drugs after receiving express FDA approval. The new law bypasses the FDA expanded access program and allows patients to obtain experimental drugs from manufacturers without obtaining FDA approval.
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