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The session ended without legislators reaching a consensus on implementation of the constitutional amendment, approved by more than 71 percent of voters in November.

Not only were lawmakers intent on banning smoking of marijuana, Galvano also seemed surprised that current law allowed vendors like Trulieve to sell the whole-flower products.

“I understand the technical nature of the argument that's being made to you. But if the net result was the retail sale of marijuana that could be put into a rolling paper or any other apparatus, that was not the intent. In fact, the intent was to prevent that from happening,” Galvano, slated to take over as Senate president late next year, said.

Smoking of medical marijuana was one of the key issues for patients during debate on implementation of the constitutional amendment, largely bankrolled by Orlando trial lawyer John Morgan. Morgan maintains patients should be allowed to smoke the substance and has threatened to sue over the issue.

Limited medical-marijuana laws approved in 2014 and 2016 prohibit smoking but allow vaporizing. The whole flower “entourage effect” is  the result of a combination of terpines and cannabinoids present in cannabis.

“We are very clear with our patients that smoking is currently illegal, under current Florida law, however vaporizing is specifically allowed,” Rivers said.

But sales of whole-flower products raised red flags even for other medical marijuana proponents, for a variety of reasons.

“I think it's going to be a challenge for law enforcement, and patients need to exercise caution,” said Jodi James, executive director of the Florida Cannabis Action Network.

James was referring to the odor created when marijuana is used in a “vape” pen, or smoked by other means.

James pointed the finger at lawmakers for failing to establish parameters for consumption of marijuana after passage of the amendment.

“If this is their idea for allowing an industry to develop, I'm very disappointed in them for not taking a stronger hand on it. If they didn't see it coming, I'm very surprised at their lack of foresight,” she said.

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5/10/2017

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