Florida Passes Amendment 2, But Cities Pass Local Bans

Every county in Florida voted to approve Amendment 2, which legalized the medicinal use of marijuana with a doctor’s prescription. But several cities have temporarily banned the opening of dispensaries while they work to figure out how to regulate the industry.

The first time the state attempted to approve medicinal marijuana in 2014, the amendment received 58 percent approval. It needed 60 percent to pass. In 2016, more than 71 percent of voters approved it.

Per the amendment, the Florida Department of Health must pass regulations regarding the registration, production and distribution of medicinal marijuana by July 2017. In October, it has to begin issuing ID cards to patients who receive a prescription for medicinal marijuana.

In a statement to the Tampa Bay Times, Amendment 2 opponent Christina Johnson urged the state legislature to pass “legislation that bans pot candy, puts a limit on THC levels, tightly defines ‘other debilitating medical conditions’ and gives local communities the right to limit, restrict and outright ban pot shops.”

Communities across Florida have already begun doing that.

About a week before the vote on Amendment 2, Charlotte County banned marijuana dispensaries from opening for nine months. Charlotte zoning official Shaun Cullinan told ABC 7 that the businesses would be confined to a certain radius to protect nearby neighborhoods.

“We have regulations like this for other businesses like this — pain management clinics and sexually-oriented businesses,” Cullinan said.

The day after the election, Miami Beach passed a four-month moratorium on the opening of marijuana dispensaries within city limits. The ordinances were passed to give the cities time to create regulations. Amendment 2 already placed a two-month moratorium on opening dispensaries anywhere in the state, but Miami Beach’s commissioners didn’t think they could create regulations that quickly.

“I don’t want to go against the will of the people,” Commissioner Rick Arriola told the Miami Herald. “It’s just that government moves slow.” Boca Raton and Delray Beach also have 12-month bans in place, and Deerfield Beach and Pompano Beach have enacted six-months moratoriums. Other cities, including Bonita Springs, Estero, Hollywood and North Palm Beach, have discussed temporary bans.

Orlando currently has a moratorium on marijuana sales and is discussing extending the ban until July 2017.

Marijuana advocates in each city have said the moratoriums are overriding the voice of the voters who overwhelmingly supported the use of medicinal marijuana for debilitating medical conditions.

Advocates Worry About Trump Attorney General Nominee

Eight states passed measures approving the use of marijuana in November. Four states approved recreational use, and three states, including Florida, approved medicinal use. When the laws and amendments take effect in 2017, Americans in 29 states and the District of Columbia will be allowed to consume cannabis either recreationally or medically.

But the federal government’s position on enforcing a nationwide ban on marijuana could change when President-elect Donald Trump takes office. His recent announcement that Sen. Jeff Sessions, R-Ala., will be nominated for attorney general caused unease among marijuana advocates.

In September, the U.S. Drug Enforcement Administration declined to remove marijuana from its list of Schedule I controlled substances. The classification severely limits research on cannabis. In the eyes of the federal government, the drug has no acceptable medical use and has a high potential for abuse.

The Obama administration was hands off from enforcing federal marijuana laws, leaving it to the states to handle. In Trump’s few statements on drug policy, he has said he’d let the states handle medicinal use of marijuana. He’s been less clear on recreational use.

Sessions has been clear. As recently as April, Sessions told Congress he disapproved of Obama’s approach to marijuana. “Good people don’t smoke marijuana,” Sessions said. “We need grownups in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it is in fact a very real danger.”

If Sessions is confirmed as attorney general, marijuana advocates may need to worry less about local bans and more about a crackdown from the White House.



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View Sources

  • Auslen, M. (2016, November 8). Florida overwhelmingly votes to legalize medical marijuana. Retrieved from http://www.tampabay.com/news/politics/stateroundup/florida-overwhelmingly-votes-to-legalize-medical-marijuana/2302028
  • Downs, D. (2016, November 20). Marijuana Industry Worried Trump and Sessions Will Erase Gains. Retrieved from https://www.adn.com/nation-world/2016/11/18/marijuana-industry-worried-trump-sessions-will-erase-gains/
  • Flechas, J. (2016, November 9). Miami Beach passes four-month moratorium on medical marijuana dispensaries. Retrieved from http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article113659904.html
  • Mato, N. (2016, November 11). Bonita Springs, Estero discuss ban of medical marijuana. Retrieved from http://www.nbc-2.com/story/33691860/bonita-springs-estero-discuss-ban-of-medical-marijuana
  • Skinner, C. (2016, November 15). Denver to Become First U.S. City to Legalize Social Marijuana Use. Retrieved from http://www.reuters.com/article/us-colorado-marijuana-idUSKBN13A2YP
  • Van Velzer, R. (2016, November 12). South Florida Cities Push Pause on Expansion of Medical Marijuana Industry. Retrieved from http://www.sun-sentinel.com/local/fl-marijuana-moratoriums-south-florida-20161112-story.html
  • Wronka, T. (2016, October 25). Charlotte County to Temporarily Ban Marijuana Sales if Amendment 2 Passes. Retrieved from http://www.abc-7.com/story/33480280/charlotte-county-to-temporarily-ban-marijuana-sales-if-amendment-2-passes

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