TALLAHASSEE, Fla. (The News Service of Florida) - A Florida Senate committee Monday took the first step toward eliminating a ban on smoking medical marijuana in the state.
Lawmakers in 2017 included a smoking ban in a law that was designed to carry out a constitutional amendment broadly legalizing medical marijuana. But the smoking ban drew a legal challenge, and a Leon County circuit judge ruled that it violated the 2016 constitutional amendment.
The state, under former Governor Rick Scott, appealed the circuit judge’s ruling. However, Governor Ron DeSantis, has been critical of the smoking ban and has indicated he will drop the appeal if lawmakers do not eliminate the ban.
On Monday, the Senate Health Policy Committee passed a bill that would allow approved patients to smoke medical cannabis. GOP State Senator Jeff Brandes is pushing the legislation in the Senate.
“This has been before us by the people of the state of Florida. The Court has reviewed the case. It has reviewed the Constitutional Amendment," said Brandes. "A judge has found that all forms of cannabinoid should be available to Floridians.”
State Senator Gayle Harrell, who chairs the committee, amended the bill to require doctors to tell patients about the risks associated with smoking marijuana.
Additionally, Harrell’s amendment requires a second physician to sign off on a prescription for smokable marijuana for anyone under age 18.
“We have a distinct responsibility to do no harm, to make sure that the safety aspects of what we do are within the legislation that we pass," said Harrell.
Repealing the smoking ban during the upcoming legislative session is far from a sure thing. House Speaker Jose Oliva has expressed concern that allowing patients to smoke the marijuana treatment amounts to a de facto authorization of marijuana for recreational use.
The 2016 constitutional amendment, approved by more than 71 percent of voters, legalized medical marijuana for patients with a broad swath of debilitating conditions.
