The Fight for Medical Marijuana in Fort Lauderdale, Florida

-        Medical Marijuana in Fort Lauderdale, How the Tides Are Changing in Favor of Patients

After a long fight, patients in Fort Lauderdale finally have access to medical cannabis. Since amending the state constitution to include medical marijuana in 2016, getting cannabis access for patients hasn’t been easy, however.

Florida politics, including Fort Lauderdale, has been especially rigid on imposing restrictions on licensed dispensaries. In Fact, Broward County only opened its first medical dispensary Last year. Let’s look at a few ways that the cannabis industry still faces challenges in Florida about how to get medical marijuana in Fort Lauderdale.

Restrictive City Ordinances Make Opening a Dispensary Difficult

Under state law, cities were allowed to either allow medical marijuana or outright ban it. Unfortunately for patients in Fort Lauderdale, the city did neither.

While officially allowing cannabis dispensaries in the city, Fort Lauderdale imposed illegal limits on the number of dispensaries that could open. City-specific rules were far more strenuous than the state requirement. These included rules like dispensaries not being within one mile of each other, and not within 1,500 feet of a school, park, library or daycare.

These restrictive regulations make finding real estate a huge challenge. Dispensaries face the additional challenge of purchasing or renting property as a cash-only business, which landlords and sellers see as a huge risk.

These challenges have limited the number of appropriate locations to only a few in the whole city. Dispensaries that have been granted licenses are already vying for these locations.

State Challenges Block Access for Fort Lauderdale Patients

Although the state restrictions on medical marijuana should have ended after voters chose it repeatedly, the battle is not over. An effort to limit levels of THC in smokable cannabis was introduced in the form of an amendment to a Senate bill.

If passed, the bill would limit THC levels in smokable forms of cannabis, namely raw flower, to 10%. This is far lower than THC-heavy dispensary cultivars, which can commonly contain over 30% THC.

For some medical conditions, high-THC varieties are the only effective types of cannabis. On top of blocking access for some patients who need high-THC cannabis, it also creates a need to develop weaker strains for dispensaries. This could lead to a host of other delays as patients wait for a product that meets requirements to become available.

Patients Can’t Grow Their Own Cannabis in Florida

Unlike some states with more permissive rules, Florida doesn’t allow medical cannabis patients to “grow your own”. Given the expenses involved in buying from the dispensary, this is a serious obstacle for patients, especially those on low incomes.

One patient, Joe Redner, has taken his fight to the state courts. Redner is a survivor of stage 4 lung cancer and a medical marijuana patient whose doctor recommended juicing fresh cannabis. Given that this is effectively impossible without access to live plants, in 2018 he challenged the state’s prohibition against home growing.

In spite of the state filing a motion to dismiss, Redner’s challenge was initially successful, with the judge in his case ruling that:

“Under Florida law, Plaintiff Redner is entitled to possess, grow and use marijuana.” She continued, “The Florida Department of Health has been, and continues to be non-compliant with the Florida constitutional requirements.”

Despite the judgment in favor of Mr. Redner, the state has continued its fight against his right to use cannabis in his fight against cancer. The state took his case to the court of appeal, where the panel of judges’ rules against Redner.

The ruling was criticized by his attorney, who claimed that:

“[The judges] parsed through (the language of the amendment) to come up with a way that would deny Mr. Redner and others that are similarly situated this important constitutional right.” He added that the court “did some linguistic calisthenics just to try to say no.”

Redner and his legal team now plan to take their challenge to Florida’s Supreme Court.

Ban on Smoking Medical Marijuana in Fort Lauderdale Lifted
It’s true that the state has had some success in limiting the rights of patients to access medical marijuana in Fort Lauderdale, Florida. However, the news isn’t all bad.

Smoked marijuana was initially prohibited under Florida’s 2016 amendment to legalize medical cannabis. However, after two years of campaigning, smokers have scored a victory: users of medical marijuana in Fort Lauderdale, Florida can now legally enjoy a joint. This comes after Florida Governor Ron DeSantis’ March signing of a bill which lifted the ban on smoking medical cannabis.

The Situation is Looking Up for Medical Marijuana in Fort Lauderdale

While some of this may seem discouraging to patients in Fort Lauderdale, it’s all the more reason to fight for your rights. Florida patients petitioned and voted for medical marijuana multiple times over the course of years. So, further restrictions on access for medical marijuana patients is undemocratic.

However, the lift on the smoking ban this year was a sign that the future of medical marijuana in Fort Lauderdale is hopeful. Patients and voters demanded that their wishes were respected, and real progress was made. This shows that other restrictions currently faced by patients and businesses can be lifted too.

Check out our blog for more information on how to get medical marijuana in Fort Lauderdale, Florida. If you have any questions about cannabis, contact us today!

Reference:

https://www.dailystrength.org/group/male-infertility/discussion/the-fight-for-medical-marijuana-in-fort-lauderdale