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growing marijuana legally in florida

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” [12]

Peaceful Minds for Medical Marijuana is leading the campaign in support of the initiative. [2]

ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

Path to the ballot

(11) “Marijuana plant” means a plant, including, but not limited to, a seedling or cutting. To determine if a piece or part of a marijuana plant severed from the marijuana plant is itself a marijuana plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. [3]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law. [9] Several state’s attorneys expressed disagreement with the Attorney General’s statements. Aaron McGown and Tom Wollman, state’s attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state’s attorney, said his office would not prosecute CBD cases based on his interpretation of the state law. [8]

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The requirements to get an initiative certified for the 2022 ballot:


(6) “Medical use” means the acquisition, possession, use, growing up to nine mature flowering marijuana plants and possessing the harvest therefrom, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [6]

Florida laws

Of the 35 states where medical marijuana is legal in some form, it is legal to grow marijuana plants in 18 of them. There are serious efforts underway both to legalize growing plants for medical use and to legalize recreational marijuana altogether in Florida.

There is an effort to get a measure on the ballot for November 2022 to legalize growing marijuana plants for medical patients. It would amend the 2016 amendment to redefine “medical use” to include growing up to nine marijuana plants. This would include patients and their caregivers.

There has been talk lately in the Florida legislature regarding legalizing recreational marijuana for adults. In January 2021, bills were introduced in the Florida House and Senate to legalize purchase and consumption of recreational marijuana for residents 21 and older without a medical card.

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