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Currently, one of the most confusing aspects of law concerns marijuana. While a majority of Americans favor legalization of marijuana — myself included — we are not there yet. We have a patchwork of local, state and federal laws that treat the same drug differently depending on its vector, and are inconsistent. So it can be hard to explain to someone where a Floridian stands when it comes to personal use of medical marijuana. Florida Voters passed a constitutional amendment permitting medical use of marijuana, although marijuana still remains a Schedule I drug, criminalized under federal law. Currently, dispensaries dispense oil cartridges which are connected to a power source and produce vapor. They also carry edible products and even the marijuana bud in a pre-packaged container, also designed to be used in vaporizers. People cannot buy the flower itself. This restriction is the subject of several lawsuits and has led one Tallahassee judge to enjoin the government from prohibiting people from using marijuana, as medicine, in a host of other ways including smoking the bud. This litigation may open the door for patients to grow their own plants, etc. It is important for medical marijuana patients to understand they may have to effectively choose between their gun rights and their medication. This also impacts a concealed weapons permit holder. Essentially, obtaining medical marijuana comes at the cost of Second Amendment rights. And while edibles and cartridges are the legal medicinal form of marijuana in Florida, recreational users are also obtaining marijuana in these forms. Possession of any the oils, resins, extracts, etc. This also means many police agencies will not have the discretion to use a civil citation to avoid an arrest and criminal prosecution. Further, most job applications require disclosure of a felony arrest and an explanation. I think the voters made it clear that Florida is ready to permit people to use marijuana as an alternative to other treatments, including highly addictive narcotic pain medications. We need to consider decriminalizing marijuana and regulating its sale — becoming the first southern state to do so. At the very least, we need to have consistent and clear laws that leave no confusion in their wake and do not result in the situation where possessing a half-ounce of marijuana is a less serious criminal offense than having a THC-infused gummy bear, and where Floridians forfeit the right to own a firearm if they elect a certain medical treatment. Facebook Twitter Email.
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