2018-04-20

Apr 20 - 26, 2018 | Orlando Advocate
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Court Lifts Stay, Allows Florida Patient to Grow
Own Marijuana
Proposed Constitutional Amendment Could
Set Up Competing Education System in Florida
by Jake Stofan
by Jake Stofan
TALLAHASSEE, FL
- A circuit court judge has
lifted a stay preventing a
Tampa night club owner
from growing his own marijuana.
Leon County Circuit
Judge Karen Gievers, ruling
from the bench Tuesday,
lifted an automatic delay
that had been triggered
last week when the Florida
Department of Health appealed
her decision allowing
Redner, 77, to grow his
own cannabis for juicing.
Last week a circuit court
judge ruled a state law prohibiting
Tampa Night Club
Owner Joe Redner from
growing his own plants violated
his constitutional right
to use medical marijuana.
The state appealed,
automatically putting that
ruling on hold.
Back in court, Redner’s
lawyers argued halting his
treatment puts his health
at risk.
“Mr. Redner wants to
remain in remission. Everyday
he misses, we just can’t
get that back,” said Redner’s
Attorney, Luke Lirot.
Redner’s doctor ordered
a juicing treatment that uses
live marijuana plants to
prevent a relapse of stage
4 lung cancer, according to
court documents. Emulsification,
or juicing, of the
“biomass of the marijuana
plant” was determined to be
“the most effective way” for
Redner “to get the benefit
of medical marijuana,” according
to Gievers’ decision
last week.
The state argued the stay
should stay in place because
Redner isn’t currently growing
marijuana so he isn’t
losing anything.
“Mr. Redner has never
been receiving the treatment
that he is trying to get with
this order,” said Department
of Health Attorney, Jason
Gonzalz.
The judge sided with
Redner a second time.
“There really shouldn’t
be any obstacles to doing
this,” said Lirot. “It’s that
sacred relationship between
a doctor and a patient that
the department has put
its foot into without any
right.”
The state will again seek
to put the ruling on hold.
This ruling does not
allow anyone other than
Redner to grow marijuana.
But the ruling could
play a role in other pending
cases, including John
Morgan’s ‘NoSmoke is a
Joke’ lawsuit.
“I think that this court
will find that limiting smoking
marijuana is also an
unconstitutional deprivation
of the plain language of
amendment 2,” said Lirot.
If it stands, the ruing
would open the door for
other patients to seek the
same treatment.
The suit now heads to
the 1st District Court of
Appeal, but a final decision
will likely have to come
from the State Supreme
Court.
TALLAHASSEE, FL
- Education advocates
are speaking out against
a proposed constitutional
amendment passed by the
Constitution Revision Commission
Monday.
In the state capital there’s
an ongoing debate between
school board members, over
whether to allow two new
charter schools to move in.
“We don’t believe there’s
a need. We believe it’s a
waste of taxpayer dollars,”
said Leon County School
Superintendent Rocky
Hanna.
If the proposed constitutional
amendment passes
that decision could be put in
the hands of a state agency,
not local elected officials.
Hanna says the proposal
is hidden in the amendment,
which also includes requiring
civics education and a
6-year term limit on school
board members.
“Oh by the way we’re
also looking to take away
local control these charter
decisions at the state level as
opposed to the local school
level,” said Hanna.
The amendment would
authorize the creation of
a state entity that could
authorize the creation of new
schools. It would operate
separate from the current
school districts.
“Well the question then
of course of concern is if
you have two systems how
do we know that each will
be funded equitably,” said
State Senator and head of
the Florida Association of
District School Superintendents
Bill Montford.
The existing public education
system would have to
share state funding with the
new one, possibly thinning
out an already tight budget.
“We’re going to have to
start looking at eliminating
programs, especially those
in art, music, science, mental
health counselors and all the
things we need to provide
Superintendent Rocky Hanna
for the good of the whole,”
said Hanna.
Because the change
would be in the constitution,
it would be difficult
to undo.
“They’re trying to amend
the constitution to defund
and have for the next 20
years a policy that will gut
our public school systems,”
said Fredrick Ingram, Vice
President of the Florida
Education Association.
Some members of the
Constitution revision commission
tried to unbundle the
proposals, but it failed.
The amendment will
need 60% voter approval
come November to pass.