James Call

Democrat Capitol Reporter

The Senate’s medical marijuana bill is headed to the floor and then most likely to court. The Appropriations Committee cleared the measure, which implements the constitutional amendment voters approved in November. Medical marijuana advocates, however, complain both the Senate and House bills prohibits smoking of the plant, a delivery method amendment supporters say voters approved.

Patient advocates, however, still prefer the Senate plan because it is less restrictive than a House proposal. They applaud Sen. Rob Bradley, R-Fleming Island, efforts to do away with a 90-day wait period for patients whose doctor recommends cannabis as part of a treatment plan. The Senate also breaks with the House to allow edibles and vaping.

But Bradley's bill, like the House plan advanced by Rep. Ray Rodrigues, R-Estero, prohibits marijuana patients from smoking the plant. Ben Pollara who ran the campaign to broaden the medical cannabis law, predicts the smoking ban will lead to lawsuits.

“That (smoking) is in the constitution. It may not be me but somebody is going to sue over it,” said Pollara, who managed the United We Care campaign for Amendment 2. “And they’re going to win because the constitution contemplates marijuana as the green leafy substance that is generally smoked.”

Bradley and Rodrigues will blend their proposals into a bill that both chambers have to agree to for it to be sent to the governor’ for final approval.

The Senate, unlike the House, would allow edibles and vaping as medical marijuana delivery systems. The Senate plan adds five additional license to the seven now allowed to cultivate and process marijuana into medicine. Although that is more than the House plan, the Senate limits licensees to three retail outlets.

The Appropriations Committee sent the proposal to the full Senate with a 15 – 1 vote, Sen. Jeff Brandes, R-St. Petersburg, objected to the limit on the number of licenses.

“It creates a government sanction cartel of 12 growers,” said Brandes, who objected to allowing licenses to contract with other growers. “The simple truth is you could have hundreds if not thousands of growers and only a handful of people are going to take the rake on this.”

Bradley took the criticism in stride, saying Brandes has “strong feelings” about opening up the market.

Once the chambers pass their respective bills, Bradley and Rodrigues will get to work on a compromise. Bradley said the two are already in “active negotiations.”

Reporter James Call can be reached at jcall@tallahassee.com