Signs of discord between medical marijuana advocates and recreational cannabis supporters are emerging in a legal battle now before the Florida Supreme Court that will determine whether the Smart & Safe initiative goes before state voters.
The issue before the high court is whether the ballot summary of the proposed constitutional initiative to legalize recreational marijuana statewide complies with the state’s single-subject requirement for such amendments. Critics of the measure contend that it lacks a singular focus. They say it would not only remove criminal penalties on recreational cannabis but would allow for a potential monopoly in a future marijuana market.
My Florida Green, a company that facilitates medical marijuana certifications to doctors and patients, recently asked the state Supreme Court for permission to file an amicus brief in the Smart & Safe litigation. Company CEO Nicholas Garulay suggested that the initiative could blur distinctions between medical cannabis and recreational marijuana outlets, leading to rising prices, increased wait times for patients to get the drug and potential disruptions to patient care.
My Florida Green’s Dec. 5 request to submit the amicus curiae brief, however, quickly was rejected by the court, which said the motion was not timely. Generally, such briefs must be filed within five days of the submission of an initial brief filed by the party the amicus brief is supporting.
My Florida Green’s attorney, however, filed a motion asking for reconsideration of the court’s decision.
“This delay stemmed from an evolving understanding of the proposed bill’s impacts, which only became clear after oral arguments,” the motion states.
The proposed amicus brief would explain how medical cannabis is recognized by the federal government and the role of the federal government in regulating recreational marijuana, according to the motion by Naples attorney Jason Castro.
A spokesman for the Smart & Safe campaign, however, downplayed any impact the My Florida Green motion might have.
“It will have no impact as his request to even be permitted to file an amicus brief was immediately rejected as untimely by the court,” Steve Vancore told the Florida Record in an email.
In a blog post, My Florida Green contends that the proposed initiative would lead to far-reaching consequences in reshaping patient care and patients’ access to medical marijuana.
“This (initiative) may blur the lines between medical dispensaries and recreational outlets, potentially undermining the patient-centered ethos that defines medical cannabis,” the blog post says. “This shift toward commodification risks transforming a critical healthcare service into a mere commercial enterprise.”
The measure could lead to more marijuana “tourists” coming to the state and competing for access to the drug, potentially leading to inflated prices and less supply for those using cannabis for medical purposes. Another problem could be the emergency of monopoly interests that prioritize industry profits over patient care.
“There is a need for regulatory measures that prevent market dominance and ensure the medical cannabis sector remains patient-centric and accessible,” the blog says.
The initiative, which could go before voters next year, would allow adults 21 years or older to possess or purchase a limited amount of cannabis for non-medical uses. It would also allow medical marijuana treatment centers – or other entities licensed by Florida – to “acquire, cultivate, process, manufacture, sell and distribute such products and accessories.”