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On 29 August 2013, the Federal Department of Justice published a notice indicating that it will continue to rely on national and local authorities to combat the activities of marijuana by law enforcement on the state of the drug. However, in light of new state laws that allow the possession of a small amount of marijuana and regulating the production, processing and sale of marijuana, the Department has identified eight criteria to guide the implementation of the State. States should (1) prevent the distribution of marijuana to minors; (2) prevent the proceeds from the sale of marijuana to flow into criminal enterprises; (3) prevent the diversion of marijuana in states where it is legal in the states where it is illegal; (4) to prevent the activities of marijuana to be used as a cover for the trafficking of other illegal drugs; (5) prevention of violence and the use of firearms in the cultivation and distribution of marijuana; (6) preventing run drug and exacerbation of other negative consequences for public health related to the use of marijuana; (7) inhibit the growth of marijuana on public land; and (8) to prevent the possession or use of marijuana on federal property. In the event that the federal government stipulates that Member States do not meet these criteria, the federal government reserves the right to challenge state laws. Federal did not say how it should be done. They simply said that states should do. But Florida was apparently looking the other way.

The new law

Passing CS / CS / SB 1030, Florida has lost some key issues. Consider, for example, the new law, which has the following characteristics:

It is "low-THC cannabis' legal when prescribed by a physician or osteopathic physician for a patient who has certain medical conditions. What are the conditions? Cancer, seizures, severe or persistent muscle spasms. This seems clear enough. Here where is the Florida Legislature has decided to go off the track

A patient is considered to be qualified to receive this treatment (among others), the patient is a permanent resident of Florida and the physician determines that the risk of control of the pot are reasonable. How does a doctor determine whether the patient is a permanent resident? Is there any protection for this decision in good faith? Nan. How does the doctor to do the test of reasonableness? The study of marijuana use also part of the program of the medical school? I do not.

Surprisingly, the Florida Medical Association and the Florida Osteopathic responsibility of doctors, starting October 1, 2014 to educate physicians on a course of eight hours. As the legislature has decided to assign this function to the FEMA and FORMA, because even want this task (beyond the perception of not paying contributions) and as authors of eight hours (this includes water breaks and bath bathroom? ) is a marvel. And as this refers to any training at the daily medical practice of the physicians who is also absent. An orthopedist can do? Of course. What about a doctor? You bet. A dermatologist? No problem. Why would a successful trader decides to pursue this new direction? As the "best use" for a fully trained cardiologist, family physician or anesthesiologist? The evaluation of a patient with cancer or those who have terrible seizures that could benefit from medical marijuana does not require more than eight hours a day? I thought that the required training in internal medicine, neurology and ... cancer. So, this is a legal medical clinic conducted designed to help people in need and that is simply that everyone has his share of the pie? It seems to miss the mark.

Florida would have had a long and persistent problem with the problem of drug diversion. People from all over came to Florida, not only for the sun, but also for oxides, Proxies and many other controlled substances. A problem has been licked? The application of the law was consulted on one of the public safety issues involved in the law? They were in the newsroom when the account was created? I do not know, but it is difficult to see their fingerprints on the new law. We seem to have this problem on to them! When, for example, is on the road test to test people who use motor vehicles under the influence of the pot, medical marijuana or something else? Does not exist! There is no way to protect the public against this yet. The best they can do is send it to a lab for confirmation and wait a day or two (big cost taxpayers assume). It is a law without significant consequences, and all costs of medical training and certification costs will be doing is putting money in the pockets of government and business, ready to pounce on the opportunity.

A positive ... the legislature has decided to investigate the use of medical marijuana. Yep. They set aside a billion ... I mean a million dollars (about the cost of a web site) for the Ministry of biomedical research program to study cannabis health and its effect on intractable childhood epilepsy, such an idea really commendable . So where does the rest of the money came to do what the money right the Ministry of Health is to create a record of compassionate use (among other things) prevents a pot patient research prescribed by many doctors; established distribution organizations throughout Florida; trained medical policies, distribution organizations and patients who may be abusing the law? Who knows. Question: why not consider this BEFORE the idea of green light? Colorado and Washington have both shown the way on the issue, then why not consider the public health and clinical issues before passing a law with many open questions?

The proposed amendment

The Florida proposed constitutional amendment is the law passed by the legislature seeks meticulous. It makes the whole issue as an agenda facade of waltzes in business and recreational use of large dimensions. For example, the amendment allows the use of marijuana (and not just the low end of the THC) content of a variety of ailments, including "other conditions for which a doctor feels that the medical use of marijuana would likely outweigh the potential risks to the health of a patient. "Can I translate because I'm a lawyer. It means "nothing." Oh, and better yet, the person who makes such a decision? A "doctor", a definition that Florida law includes not only doctors and DOS, but also dentists, podiatrists, chiropractors, optometrists, and the good thing about the proposed amendment. clearly prohibits the use of marijuana in a school, workplace or smoking in a public place [the law. Florida indicates that the use of a vaporizer is not "smoke."]. Bon. Now, as people will be tested? there is currently no rapid field test for the level of the blood.

So ... let's be honest: the proposed amendment is only one way to create a new industry, one that really can not be adjusted, one that does not agree with the science behind it, doctors do not have had time to digest serious or design. This is mud bogging, pure and simple. Should not this kind of thing come from physicians and scientists who can drive the legislative process?

But back to the criteria of the Department of Justice. What is the Florida law or proposed to realize one of them changes? Nan. Instead, it takes the whole problem and just dumps on police already overloaded system. They prevent the distribution of marijuana to minors? In words only. Where is the funding for this? Do they keep the proceeds from the sale of marijuana to flow into criminal enterprises? Not prevent the diversion of the states where marijuana is legal for the states where it is illegal? Not impede the activities of marijuana to be used as a cover for smuggling other illegal drugs? Huh? They prevention of violence and the use of firearms in the cultivation and distribution of marijuana? Not a mention. How about the prevention of drug driving and exacerbation of other negative consequences for public health related to the use of marijuana? The tool does not yet exist! They prevent the growth of marijuana on public lands or prevent the use or possession of marijuana on federal property? Please.

What are the effects of medical marijuana on the Americans with Disabilities Act? Cancer will be entitled to receive the prescription now under this federal law? The doctors will be legally bound not to prescribe? What if it is used to treat the pain? You will need a license from the pain clinic? Where immunity legitimate prescription (assuming they could be), in the light of the fact that federal law prohibits! Florida will enter into an agreement with the federal government or are we on the right track just accept that there are no federal laws (criminal penalties) that we have taken will not be applied? As anyone would expect to navigate this?

conclusion

The more cynical of us see both the law and the amendment proposed by a financially motivated by the government to raise funds and businessmen to make money dashboard. The most pragmatic of us think that it might be useful to medical marijuana and that the issue should be studied and special attention as there are risks to public and private health must be considered. Many very sick people argue that medical marijuana is a turning point for them. But the way the problem is dealt with in this state does not seem like a serious investigation of the value of medical marijuana. It looks like a nosh pit of hope or greed.

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