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Florida Attorney General Shoots Down Medical Marijuana Petition

21

florida medical marijuana attorney generalPlease find below a recent memo from Florida Attorney General’s office rejecting activist’s petition to reschedule marijuana for medical access. This is notable because Florida is a top five political bellwether state, with an aging population, NORML receives more requests from Florida residents than anywhere else in the country to reform local medical cannabis laws.

Unfortunately, Florida Attorney General Pam Bondi’s office has rejected a petition from the Cannabis Action Network to reschedule cannabis so that sick, dying and sense-threatened medical patients with a doctor’s recommendation can possess and use it legally. As often is the case at the state level, the Attorney General is deferring to federal laws and Congressional intent.

PAM BONDI
ATTORNEY GENERAL
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL

Administrative Law Bureau

Edward A. Tellechea
Chief Assistant Attorney General
PL-01, The Capitol
Tallahassee, FL 32399-1050
Phone (850) 414-3300
Fax (850) 922-6425

December 12, 2012

Jodi James
Director, Cannabis Action Network
Melbourne, FL

Ms. James:

Thank you for your petition wherein you request that the Attorney
General temporarily reschedule cannabis. I have been asked to
respond on the Attorney General’s behalf.

Section 893.0355, Florida Statutes, delegates to the Attorney
General the authority to temporarily reschedule controlled
substances set forth in Section 893.03(1), Florida Statutes, by rule
and addresses what factors shall be considered when making such a
determination. The statute reads in part as follows:

(3) In making the public interest determination, the Attorney
General shall give great weight to the scheduling rules adopted by
the United States Attorney General subsequent to such substances
being listed in Schedules I, II, III, IV, and V hereof, to achieve
the original legislative purpose of the Florida Comprehensive Drug
Abuse Prevention and Control Act of maintaining uniformity between
the laws of Florida and the laws of the United States with respect
to controlled substances.

The above quoted statutory language makes it very clear that when
determining whether a controlled substance should be rescheduled the
Attorney General must give great weight to the current drug
scheduling under federal law. In addition, Florida law also strongly
encourages uniformity in Florida and federal drug scheduling.

The Attorney General does not believe that it is in the best
interest of the public for her to use her authority to temporarily
reschedule cannabis, particularly given the legislative preference
for uniformity with federal drug laws and the fact that cannabis
remains a Schedule I drug under federal law.

Sincerely,

Edward A. Tellechea
Chief Assistant Attorney General

Source: NORML

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21 Comments

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  2. stop pushing the pill mills and give us a choice . Its safer without all the side effects and not hurting anyone its helping. Its time to start voting on people for the people, not nut cases.

  3. Get her ass out of office,Florida Miami in particular is the alcohol cocaine capital of America. She’s ignoring the will of the people get her ass out of office.She’s in violation of the Constitution the voters have the power. She’s horrible get her out of office,but before she’s removed investigate her to see what ties she have to that large pharmaceutical company that is making billions of dollars in her state.Not to mention the alcohol companies that funds her campaign.

  4. OMG! I cant belive that somebody actually see the point of this game! People s mind all messed arguing drug or not, state law, federal law, legal, illegal keeping the most important thing in darkness The Money! The way it supposed to be…

  5. In my experience every single Irish person I have met in my life prefer alcohols, its in their genes, like a middle eatern man prefers a hookah….who would want to live in Ireland anyway seriously

  6. I lost both parents to cancer, they suffered though chemo and such pain. We lived in Fl, at that time I had access to kryptonic medicinal grade bud, but my folks were not open minded to its use due to illegal status, and the health benefits of THC were not as well known or accepted as they are these daze. In recent years I learned THC can block a specific form of brain cancer that my father actually had, so now I wonder, if we had moved to a state where we would have access to medicinal marijuana would my father still be alive today? I tired to write my congress people and all I get back is unempathetic letters full of misconceptions and backward thinking, well I bet your tune would change if it was someone whom you loved very much who was the one suffering…

  7. I wish this on no one, but how would you feel if it was you or a close relative that was dying of cancer, and the only thing that gave you relief from the Chemo was cannabis. Would you hold fast to your law and refrain from using cannabis? Or would you go outside the law to get the medicine you need? Well what will it be?

  8. Dear Pam,, Just to add

    I hope you sleep well at night, while many of us
    are spending their sleep time hugging and praying to the porcelain thrown.
    Like I said, I spent over 30 tears in Law Enforcement. If I had arrested you for a
    little erb and I have arrested many in my time, you would not be where you are
    today (and you know it) and our current and past presidents would not have been
    elected. Let me state, I am not for the recreational use, I am totally for the
    medical aspect of it’s use. Trust me and many others, it works. And at this
    time, it is with a heavy heart that I carry with me the damage I have done to
    our young as a result of the archaic laws I enforced. To those I truly apologize. Because I do not sleep well, just thining about what I did to the little guy, the futures i ruined. I ask for absolution, Capt
    As for the gang banger dealer’s i put away,, “Deal With It”

  9. Capt − +

    It would appear to this writer that she is out of touch with reality. Therefore it can be
    deduced that she is on something. Perhaps that synthetic stuff that you can find
    anywhere in FL. or she took to many Qxyies in her day. No one is a Saint, Remember the power of the voting booth.

    I would have never survived Chemo, if it were not for Cannabis. And I could have spent approx. 5 years in a private FL. prison, just so I can live without the horrific
    discomfort of Chemo. And yes Dear Pam, it does work. Just look at what’s happing
    in Israel. So you stand there and let us suffer. I am 72 yoa and a retired LEO.

    My wonderful Dr (oncologist) simply said “You Know What You Got To Do” this other grap (Merinol) isn’t working, and I got your back on your choice of
    alteratives. Even the AMA is behind it. I think he wanted some (lol) .

    FL= 1 year for 2 cigs of cannabis,,, 5 years for more, ,oxyies = all you want or can swollow,, Moonshine = all over the place. .
    In FL you can put your whole family in the back of a pickup truck, but you as the driver better have on your seat belt,,go figure

  10. It would
    appear to this writer that she is out of touch with reality. Therefore it can be
    deduced that she is on something. Perhaps that synthetic stuff that you can find
    anywhere in FL. or she took to many Qxyies in her day. No one is a Saint, Remember the power of the voting booth.

    I would have
    never survived Chemo, if it were not for Cannabis. And I could have spent
    approx. 5 years in a private FL. prison, just so I can live without the horrific
    discomfort of Chemo. And yes Dear Pam, it does work. Just look at what’s happing
    in Israel. So you stand there and let us suffer. I am 72 yoa and a retired LEO.

    My wonderful
    Dr (oncologist) simply said “You Know What You Got To Do” this other grap
    (Merinol) isn’t working, and I got your back on your choice of
    alteratives.

    Even the AMA is behind it. I think he wanted some (lol) .
    FL= 1 year for 2 cigs of cannabis,,, oxyies = all you want or can swollow
    Moonshine = all over the place. go figure.
    In Fl you can put your whole family in the back of a pickup truck, but you as the driver better have on your seat belt

  11. i would so like to hear just what her exact reasoning for shooting down this petition. i just want to say FUCK her she hasnt got the tits to stand up for we the people. shes got a cushy job and it is time to listen to your people. you are an elected official..just remember that when voting time comes around again…you are loosing this battle..you just cant seem to accept this. it is inevitible..let the fuck go..you are wasting time and money trying to do whatever the hell you think you are doing..your name is out here now..we can see you for who you really are..

  12. More like in her best interest of keeping her job. Which goes to show she has no balls to do what is right. It is in the interest of the people. They have spoken and yet are ignored.

  13. their taking money out of other pockets that support our attorney and that sucks,u noticed they didnt give pams number to contact her,my aunt is very sick and you bastards wont legalize the one thing that will help her condition,it helps with pollution and some much can be learned you money hungry shits dont realize what it can help even a better resource for fuel jsut take the time get your facts right and make the right decision

  14. Schedule I means a drug that has no medical value. Tobacco has no medical value, but the hypocrites have made that legal.

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