Honorable Florida Attorney General Pam Bondi
Office of the Attorney General
The Capitol PL-01
Tallahassee, Florida 32399-1050
FLORIDA STATUTE 893.0355 Control of scheduled substances; delegation of authority to Attorney General to reschedule substance, or delete substance, by rule.—
(1) The Legislature has determined that, from time to time, additional testings, approvals, or scientific evidence may indicate that controlled substances listed in Schedule I, II, III, IV, and V, hereof have a greater potential for beneficial medical use in treatment in the United States then was evident when such substances were initially scheduled. It is the intent of the Legislature to quickly provide a method for an immediate change to the scheduling and control of such substances and allow for the beneficial medical use thereof so that more flexibility will be available than is possible through rescheduling legislatively. -
(4) Rulemaking under this section shall be in accordance with the procedural requirements of chapter 120, including the emergency rule provision found in S.120.54. The Attorney General may initiate proceedings for adoption, amendment or repeal of any rule on his or her own motion or upon the petition of any interested party.
FL Statute 120.54 7) Petition to Initiate Rulemaking.--
(a) Any person regulated by an agency or having a substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule or to provide the minimum public information required by this chapter. the petition shall specify the proposed rule and action requestioned. Not later than 30 calendar days following the date of filing a petition, the agency shall initiate rulemaking proceedings under this chapter, otherwise comply with the requested action, or deny the petition with a written statement of its reason for the denial.
The following organization and individuals hereby petition the Florida Attorney General, as the chief legal advisor to the State of Florida to find that as a matter of law cannabis and tetrahydrocannabinols no longer belong in Florida Schedule I:
Florida Cannabis Action Network, a Florida organization on behalf of medical cannabis patients, and the following signed individuals hereby demand that the Florida Attorney General do her duty and remove cannabis and natural tetrahydrocannabinols from Florida schedule I.
. . .
In addition to the federal government's classification, each state maintains a similar classification list and it is possible for these lists to conflict.
Florida Statute 893.03(1) - A substance in schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and its use under medical supervision does not meet accepted safety standards - The following substances are controlled in Schedule I:
(c) 7. Cannabis
(c) 37. Tetrahydrocannabinols (natural)
Florida courts recognized medical necessity defense; thereby, recognizing cannabis has medical use. See. Jenks v. State, 582 So. 2d 676 (Fla. 1st DCA 1991); State of Florida v. Elvy Mussika, case no. 684395 cfa. 10. Opinion Dec. 28, 1988 14 F. L. 111w. 1 (Fla. 17th cir. ct. ); Sowell v. State, 233 L. Weekly D549 (Fla. DCA Feb. 1998).
Since 1996, 17 states have statutes in place which make it legal to use medicinal cannabis. Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia with Congressional approval.
The fact that these states endorse the use of cannabis as medicine clearly shows that cannabis does currently have medical use in the United States and that it is safe under medical supervision. Both are elements that indicate that cannabis does not meet the criteria, therefore, does not belong in Florida schedule I.
Accepted medical use "in the United States" means state law makers have accepted cannabis' medical efficacy and recognize it by law. Once the law recognizes cannabis’ medical efficacy, there is no longer a question of medical efficacy. Law is the conclusion of the debate on medical efficacy. Medical efficacy is the evidence that supports the legal conclusion. Law ends the debate on medical efficacy.
In the United States, it is the states and not the federal government that define the bounds of acceptable medical practice and what drugs or substances have accepted medical use see Gonzales v Oregon, 546 243, 126 S. Ct. 904, 163 L. Ed. 2d 748 (2006). If that were not the case the federal government would have found state medical cannabis laws unconstitutional and illegal.
IN THE PUBLIC INTEREST
This is an issue having serious consequences for public health and the quality of life for many, many Florida individuals who are afflicted with severely debilitating symptoms that are far better controlled with cannabis than other drugs or substances.
On Nov. 10, 2009, the American Medical Association recommended reclassification of cannabis.
After 4 public hearings and reading through more than 10,000 pages of submitted material, the Iowa Board of Pharmacy voted unanimously on Feb. 17, 2010 to recommend that the general assembly remove cannabis from Iowa schedule I.
On May 25, 2010, the National Association of Boards of Pharmacy gave the Iowa Board of Pharmacy an award for exceptional contributions to the protection of the public health and welfare and furthering the mission of NABP, for its work on reclassification of cannabis.
On June 16, 2010, the state of Oregon removed cannabis from Schedule I of the Oregon list of controlled substances. The evidence supporting Oregon's decision can be found on the official website of the Oregon Board of Pharmacy.
On May 31, 2012, the state of Connecticut enacted Public Act No. 12-55, Section 18 (e) directing the Connecticut Commission of Consumer Protection to remove cannabis from Schedule I by Jan. 1, 2013.
Marinol, a synthetic THC, the principle psychoactive ingredient in cannabis, has been rescheduled by the DEA twice (and once internationally), showing the psychoactive ingredient in cannabis is safer than anything in Schedules I or Schedule II.
The University of California School of Medicine, Office of Continuing Medical Education offers a course titled "Cannabis in Medicine: A Primer for Health Care Professionals".
The endocannabinoid system homeostatically regulates the other body systems (cardiovascular, digestive, endocrine, excretory, immune, nervous, musculoskeletal, reproductive).
Human trials have established that co-administration of cannabinoids can dramatically lower opioid use and can provide pain relief for neurogenic symptoms where other treatments have failed.