Florida’s New Governor, Ron DeSantis, Announced His Position to Expand Florida’s Medical Marijuana Program
Jan 18, 2019
Fort Lauderdale, FL
By: Matthew Ginder
In 2017, Florida’s former Governor, Rick Scott, signed into law
Senate Bill 8-A intended to implement Florida’s medical marijuana constitutional amendment (the “Medical Marijuana Amendment”). Various provisions of Senate Bill 8-A – which is codified in Chapter 381.986, Florida Statutes (the “Act”) – have been challenged in court by plaintiffs seeking to expand Florida’s medical marijuana program. Under the former Governor’s leadership, the State defended the constitutionality of various restrictive provisions contained in the Act.
Florida’s newly elected Governor, Ron DeSantis, announced a much different approach – favoring an expansion of Florida’s medical marijuana program, which he says is what the people of Florida voted for. He tasked the Florida Legislature with fixing the current laws governing the State’s program. Governor DeSantis announced the following sweeping changes that he would like to see occur:
Governor DeSantis announced that Florida patients should have the right to smoke medical marijuana. He gave the Florida Legislature a few weeks into session to address the smoking ban contained in the Act. If they don’t, he will dismiss the State’s appeal of the trial court’s decision finding the ban on smoking unconstitutional. Smoking:
Governor DeSantis stated that he also reserves the right to resolve some of the other litigation that surrounds the program. With respect to market expansion, he said “I look at how some of this was created where they created a cartel essentially. I don’t know if the [Medical Marijuana] Amendment necessarily prohibits that but that is not good policy. So I would like [the Florida Legislature] to address that as well. Both leaders of the Legislature say they are going to do it, but if they don’t we have the ability to dismiss the lawsuit so they will have that hanging over their head.” Market Expansion:
Governor DeSantis said: “I think it should be horizontally integrated rather than vertically integrated…Vertical integration is not free market principles…If you’re going to do it, do it according to sound economic principles.” Standing next to the Governor during the announcement was U.S. Congressman of Florida, Matt Gaetz. Rep. Gaetz added that the original medical marijuana bill that he wrote prior to the Medical Marijuana Amendment while serving in the Florida Legislature “is not worthy of defense…The structure that I built I can no longer defend.” Vertical Integration:
These changes, if adopted, have far-reaching implications for Florida’s medical marijuana market. The focus will now shift to the Florida Legislature, which is set to convene in early March of this year.
About Greenspoon Marder
Greenspoon Marder is a national full-service business law firm with 240 attorneys and 26 locations across the United States. We are ranked amongst
American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Since our inception in 1981, our firm has been committed to providing excellent client service through our cross-disciplinary, client-team approach. Our mission is to understand the challenges that our clients face, build collaborative relationships, and craft creative solutions designed and executed with long-term strategic goals in mind. We serve Fortune 500, middle-market public and private companies, start-ups, emerging businesses, individuals and entrepreneurs nationwide.
Natalie Villanueva, Director of Marketing
954.333.4308 | email@example.com
This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.