The legal restriction on marijuana dispensaries in Florida
After a drawn-out legal action between the State of Florida (defendant) and Trulieve, Medical Marijuana dispensary (plaintiff), a circuit judge has ruled in favor of the plaintiff. Striking out the law limiting the number of dispensaries a Medical Marijuana retail company can own in the state.
The repealed law was part of a 2017 constitutional law passed to control and possibly correct the constitution that legalized the sale of medical Marijuana in the state. At its passing, Quincy-based Marijuana retailer, Trulieve challenged the law. Pointing out that the restrictive constitution “arbitrarily impairs product availability and safety” and “unfairly penalizes” pot providers.
Trulieve filed a case at the Leon County Court, which was presided over by Judge Karen Gievers. After studying the facts from both parties, Judge Gievers ruled in favor of Trulieve. The Judge had reached a decision in favor of Trulieve last month, but lawyers representing the company pressed for a revisit of an order that affected the states perpendicular integration policy. The law required medical Marijuana sellers to handle every aspect of the Marijuana trade from planting to the point of sale. Gievers ruling on the second case replaced the Jan 2 constitution, which was an unanticipated victory according to Trulieve.
In typical fashion, Judge Gievers criticized the legislature and state health officials for disregarding the constitutional amendment approved by over 71% of voters in 2016. The annulled 2017 law limited the number of dispensaries a licensed Marijuana retailer could own. The initial cap was set at 25 and could increase as the number of eligible Marijuana patients increased statewide. The cap, which is now at 30 dispensaries per retailer, will end by 2020.
In their prosecution case, Trulieve argued that the 25 store cap was problematic to their company growth as it was set after the company had opened 14 retail stores throughout the state. The company pointed out that if the cap law were enacted before their stores were opened, the company would have chosen different locales for their stores.
Friday’s 22-page ruling annulled the constitutional amendment, which placed a cap on licensed Marijuana retailers.
For her reason to overturn the constitution, Gievers opined that the legal cap created barriers that unnecessarily increased patients’ risks, costs, and inconvenience in getting products. Gievers further added that the cap delayed access to products, limited patients’ product options and exposed their information, privacy, and safety. The Judge stressed that even though the cap on the number of outlets was time limited, it was the type of law that the bill was meant to remove.
Gievers refused the department of health’s argument that the cap was put in place to give the state and local official ample time to review the law guiding retail medical marijuana dispensaries.
To Gievers, there was no need for more time; adding that the state had passed into law the use of medical marijuana in 2014.
In the court’s findings, the state health department showed no evidence why local officials and state officers did not study the effect of the law and created corrective laws and ordinances before the enactment of the 2016 amendment. Or why they needed more time to review the law guiding retail medical marijuana dispensaries.
The Judge also struck off the notion made by the health departments that the cap constitution was put in place to protect medical marijuana dispensaries from overexpansion. Gievers pointed out that the effect of the cap law contradicts the notion and MMTCs faced increased risks after the 2017 cap law.
In the Judge’s statement, she noted that putting established, viable, competitive businesses at a disadvantage to help less competitive businesses thrive, thereby adversely affecting consumer efficiency and choice, is not logically associated to a genuine public purpose.
In the ruling, Gievers ordered health department officials to allow Trulieve open 34 outlets and warned the department against enforcing the cap ban on licensed retailers, which she found to be against the voter-approved constitutional goals.
In a statement, Trulieve’s CEO Kim Rivers lauded the ruling, noting that her company had originally received a license to operate in Florida’s Northwest region, which is the most rural part of the state.
Gievers had previously overturned a law that banned the smoking of medical marijuana in public. On this matter, Governor DeSantis acknowledged that the practices of the state were against the constitution. The Governor gave the legislature until March 15 to remove the ban on smoking medical marijuana. To this end, Governor DeSantis threatened to pass up the state’s appeal of Judge Gievers ruling if the legislation failed to reverse the ban.
The new chief of state has a lot of hurdles to scale regarding Marijuana law. The approach of the governor’s regime in handling other aspects of Marijuana law is still unknown. It is worth noting that his predecessor, Governor Rick Scott defended the law until his last day in office.
In Friday’s ruling, Judge Gievers in trademark fashion reprimanded the legislature and health department for failure to correctly implement the amendment, which she described as a pivotal bill, which there were obligated to implement.
If you or a loved one is interested in seeing a medical marijuana doctor in Florida, please contact us today!
The Benefits of CBD Oil for Children
Cannabidiol oil, commonly referred to as CBD oil, has grown in popularity recently. This is majorly due to the discovery of the substance as a viable solution to some severe cases of seizure in epileptic patients. While medical marijuana is still not considered children-friendly, CBD oil is becoming more acceptable. This oil, which is derived from the seeds of the cannabis plant, is non-psychoactive and non-addictive. 100% CBD oil does not contain any trace of THC (the compound that causes high) and is save for children. Here are some health benefits of CBD oil:
It Helps In ADHD
Attention deficit hyperactivity disorder (ADHD) is a chronic condition that affects children and teens and can continue into adulthood. It is the most commonly diagnosed mental disorder in children and is impossible to cure completely. Therapy is recognized as the best way to handle this problem but treatment with CBD oil has been found to be very helpful too.
It Helps In Managing Anxiety
Anxiety is another problem that many children suffer from. Social anxiety disorder, panic disorder, specific phobia, selective mutism, separation anxiety disorder, and general anxiety disorder are the recognized types of anxiety in children. The use of CBD oil has been found to be helpful in managing these issues.
It Helps In Treating Autism
Autism is a serious developmental disorder that affect children. It is a chronic condition that affects children’s ability to communicate and interact. This complex neurobehavioral condition can be treated with CBD even though a total cure has not been found till date.
It Helps In the Management of Epilepsy
There is strong evidence that CBD oil can help tremendously in treating epilepsy. It has been discovered that the oil can be very effective in managing some rare and severe forms of epilepsy including Lennox-Gastaut syndrome and Dravet syndrome. In fact, the FDA has approved an oral solution of CBD oil called Epidiolex for the management of these forms of epilepsy.
It Helps In Sensory Processing Disorder
Sensory processing disorder is not recognized as a standalone disorder but is seen in developmental conditions like autism spectrum disorder and ADHD. Children suffering this may experience other serious issues like anxiety and may show intolerance to certain noises like crying babies, sounds of vacuum and sirens. CBD oil has also been found to be helpful in treating this problem.
There you have it! Above are some of the benefits of CBD oil for children. While CBD oil is still subject to legal issues in different states, it is recognized as safe for children. It is important, however, that you get CBD oil from a reliable source and make sure it is THC-free before administering to children.
If you have a child that could use the benefits of medical marijuana, please contact our offices today. We have marijuana doctors and all over the State of Florida.