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As stronger scientific evidence emerges about the efficacy of marijuana for medicinal purposes, more dispensaries will begin to emerge and more experts and experienced attorneys will be needed. This new frontier will have far-reaching implications, and not just in the medical community. Legal and political circles will be busy too, as legislators and constituents maneuver through the intricacies of implementing a whole new network of medical marijuana points-of-service.
But there's another industry that's largely been ignored by most industry influencers and by the media in cannabis law discussions: real estate. As more licenses are sought for dispensing medical marijuana, and more storefront operations come into existence, property owners, property managers, Realtors, and business owners will all become heavily involved in the mix.
According to the News-Press¹ out of Fort Myers, around 450,000 Florida residents qualify to seek treatment at medical marijuana treatment centers. That translates into a multitude of properties newly involved in the complex details of cannabis law as it pertains to real estate.
Part of what makes things so complex is that while the use of cannabis has been approved in Florida for medicinal purposes, distribution of marijuana is still a federal offense. Not only that, but medical professionals are, under federal law, prohibited from prescribing marijuana, as it is a Schedule 1 substance under the Controlled Substances Act.²
The DEA claims there is not enough proof of marijuana's medical value, but the DEA knows that the only reason there is not enough proof is because researchers cannot obtain and study marijuana to get the proof while it remains a Schedule I drug.
Source: Recent Developments Regarding the Legalization of Medical Marijuana
That puts business owners, landlords, real estate professionals, and property managers in a position that's awkward, to say the least. There is immense opportunity in the cannabis industry right now in Florida. At the same time, there is much conflicting legislation confusing the legalities of every type of real estate transaction from residential to commercial, whether it is leasing, purchasing, or selling.
Realtors and property owners have a whole new world of concerns, thanks to legalization of medical marijuana in Florida and beyond. For example, property owners may face civil asset forfeiture if the federal government decides illegal activity took place on the premises. They can also seize a property if they deem that it was purchased with money earned from illegal activities. And in their eyes, any marijuana business is illegal business.
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Here's a quick summation of what you need to know about cannabis law and real estate. It is by no means a comprehensive list, but it is a good starting point for understanding the complexities involved:
As marijuana legislation moves forward, it is clear that business owners, property owners, property managers, and real estate agents must stay current with the legalities of growing, selling, and using cannabis in the State of Florida.
You don't have to go this alone, however. Peter J. Porcaro was at the forefront of cannabis law long before it became legal in Florida. The Porcaro Law Group can help you navigate the complexities of leasing, purchasing, or managing medical marijuana establishments in the State of Florida. To learn more, contact us now.
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Amendment 2 passed in a landslide and expands the conditions legally permitted to access and use medical marijuana in Florida; Crohn's disease, Parkinson's disease, post-traumatic stress disorder (PTSD), HIV, AIDS, cancer, glaucoma, multiple sclerosis, amyotrophic lateral sclerosis (ALS) and epilepsy. Amendment 2 also calls for Florida's Department of Health to regulate production and distribution of centers and issue identification cards for patients and caregivers. The amendment expands the patient population, because more patients will qualify given the myriad of diseases that marijuana treats. Many of our veterans supported the bill because it helps their PTSD much more than addictive opioids. Amendment 2 directs the legislature to roll out a regulatory framework within the next 6 months. I can help you set up a business that complies with all regulations the State will ultimately set.
This year's medical marijuana amendment will also allow physicians to recommend medical marijuana for patients with "other debilitating medical conditions of the same kind or class as or comparable" to those named in the amendment and for which the doctor believes "that the medical use of marijuana would likely outweigh the potential health risks for the patients." This gives doctors a great deal of power, which is a good thing for their patients. Harvard University has already discovered that marijuana shrinks tumors (http://wearechange.org/harvard-university-finds-cannabis-cuts-tumor-growth-half-three-weeks/). Who knows best what the patient needs? Doctors.
I offer representation to businesses and entrepreneurs interested in entering the cannabis space. I have 4 years of experience in this practice area and have advocated for and supported medical cannabis in Florida for years. I am a member of the national legal committee for NORML and have lectured in an expert capacity on the subject matter.
I can assist with the following matters related to opening and operating a legally compliant medical marijuana business in Florida:
Medical marijuana laws are constantly changing as more states begin to accept that marijuana is medicinal. I can help you form and maintain a proper medical marijuana business entity that is in compliance with state and local law. I can also help you obtain licensure and permitting, stay in compliance with state law and local ordinances, manage risks, and resolve any dispute that arises.
Applying for and obtaining your local and state licenses is your first hurdle to starting your own medical marijuana business. The process is complicated. Each state has its own marijuana licensing requirements. I am familiar with many of the groups who are affecting legislation and policy-making in the medical marijuana industry and I am committed to assisting you in all facets of your start-up business. I can help you incorporate your medical marijuana business as well as prepare the documents you need to run it.
The marijuana industry is new and does not have reliable financial statements to analyze, you may not know what credentials or experience the management needs, or what regulations may impact your investment. It can be challenging to find the background information you will need to make a prudent decision, especially since federal law still considers marijuana a Schedule 1 drug with no medical use. I am passionate about this topic and hope to hear from you, call me (561) 450-9355.
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"There is no logical basis for the prohibition of marijuana."
Economist Milton Friedman, Costs of Marijuana Prohibition
June 2, 2005
I recently attended the Cannabis Professional Advancement Series in Miami, FL, where I discussed why I believe that Guardians of patients with horrific diseases, such as MS, ALS and cancer, should be allowed to grow medical marijuana for the Ward. Florida has a law that allows people charged with possession to proactively petition the probate court for approval of a medical guardianship that allows the guardian to produce, cultivate and dispense medical cannabis in any form beneficial to the Ward.
During my presentation, I established the qualification for the medical necessity affirmative defense. I sincerely hope that this will shield patients from prosecution, armed with a court order establishing medical necessity for cannabis possession and use. Such an order theoretically protects the patients and the guardians from prosecution using the same standards required for them to establish a medical necessity affirmative defense, which usually only happens after a prosecution is underway. Existing federal law is in compliance with Florida state law, after receiving an Order from the state court probate judge and is a micro regulatory scheme in compliance with the omnibus funding bill. This bill is very important because it does not allow any money to be spent prosecuting legal cannabis use in compliance with state law.
The conference covered many important issues regarding marijuana. Robert Hoban opened by comparing medical and retail marijuana, the legal role for each, and he also explained model programs. The conference also included topics such as banking and cash management, lab testing, human resources and employment law issues, real estate, licensing, and compliance within different jurisdictions. Galina Urman discussed the current state and future of cannabis real estate in Florida, i.e. the conditional use vs. permitted use, zoning letters from the Planning Department, and commercial landlord/tenant liability issues.
Daniel Sparks discussed how to track marijuana from seed to sale and explained how compliance operates for government regulation. The reality of running operations within a regulatory environment was also discussed, including federal interventions, banking, auditing, cash management, and taxes. Financial issues such as offerings, crowdfunding, the JOBS act, legal requirements, review of the line between services and financial interest, ethics, and risks for investors was discussed in detail.
Two years ago, medical marijuana (Amendment 2) won 58% approval in Florida. The amendment requires 60% to pass per the Florida Constitution. The language that will be on the ballot this November will be similar to what was on the ballot in 2014. Doctors can prescribe medical marijuana if they believe that the medical use of marijuana would likely outweigh the potential health risks for a patient. Just like last year's amendment, this leaves the door wide open for interpretation as to what is a "debilitating medical condition" and many elderly people are afraid everyone will be able to get it and more traffic accidents will occur. Some elderly people in Florida do not understand that marijuana is a very medicinal plant, but many with chronic pain are hoping it becomes legal so they can try it.
Florida's new Amendment 2 will allow all licensed physicians to determine whether or not medical marijuana will help their patients. That is how it should be, because the government does not have the expertise to make this decision and the doctor does. If the doctor believes that medical marijuana in any form is a better insomnia treatment than Ambien, who is the government to say otherwise? If the doctor feels that medicine made from CBD will work better for Dravet's Syndrome than other medications, how would the government know what is best for the patient?
SB 460 expanded a 2015 law known as the "Right to Try Act," which allows terminally ill patients to have access to experimental drugs that have not been FDA-approved for general use. The Right to Try Act allows patients to try any medicine that has passed the first phase of an FDA clinical trial, but has not been approved for general use by the FDA. Patients with terminal conditions would have access to the experimental drugs, and the bill would provide liability protections to doctors and drug manufacturers.
When Gov. Rick Scott signed the Compassionate Cannabis Act in 2014, the intention was to get low-THC marijuana into the hands of families to treat childhood epilepsy by January, 2015. More than a year later, the medicine is still not on the market. The 5 distributing organizations were named months ago, but time consuming challenges to their licenses are pending before the Division of Administrative Hearings. Three nurseries filed a lawsuit in Leon County Circuit Court against the Department of Health and the approved nurseries seeking an injunction against moving forward with operations until a final decision is made.
There are many families all over the United States with young children that suffer from such severe epilepsy that they require brain surgery to try to stop the seizures. If that fails, they try all legal medications available on the market, and sometimes none of them work. With 6-8 months of medicine made from the CBD found in cannabis, a child can be virtually seizure free, as long as the child does not live in Florida or one of the other conservative states that has not recognized that marijuana cures many diseases.
Florida is having tremendous difficulty carrying out a 2014 law that allowed limited types of non-euphoric cannabis for children with severe forms of epilepsy. The substances remain unavailable because of a legal fight concerning the selection of five nurseries that will receive licenses to cultivate, process and distribute medical cannabis. The 2014 law included the five-nursery limit, with one licensee in each of five regions of the state. Senator Jeff Clemens and Senator Joseph Abruzzo proposed amendments to Bradley's bill that could have moved away from the regulatory structure set up in the 2014 law.
Clemens proposed an amendment that would have allowed 30 nurseries to be selected as dispensing organizations. Clemens argued that the 2014 law had created 5 "regional state monopolies" and that legal battling over the handful of licenses had led to delays in making the low-THC marijuana available to patients. The amendments were rejected because the state did not want to allow 30 nurseries to be involved. This makes no sense to me since Florida is a very large state. Having nurseries that parents have to drive 100+ miles to get to makes no sense, nor does it make sense to give any 5 companies a monopoly over medical marijuana. If that happens, they will make the price very high and there will be no competition to make it affordable for the patients who desperately need it. The amendments by Abruzzo and Clemens to increase the number of distributing organizations from 5 to 30 were voted down in committee. Clemens' proposed amendment to make farmers or "anyone engaged in a similar agricultural activity" eligible to cultivate and distribute medical marijuana was also rejected.
It is critical for Florida to develop a system for medical cannabis distribution to patients without creating a license for abuse. Sick people who need medicine are not going to be able to pay the prices set by a monopoly or oligopoly, and this just gives nursuries a chance to exploit patients. It is also critical to convince the Florida Police Force not to waste time arresting people for possessing a joint and instead give them a citation to raise state revenue. To date, no citations have been issued in Broward County even though possession of less than 20 grams was "decriminalized" last year.
No U.S. citizen should have to hire an attorney to defend him for possessing and using a tiny amount of marijuana, but it is happening here in south Florida. Unfortunately, Broward County cannot decriminalize an illegal drug, and police officers still have the option to treat the offense as a misdemeanor crime if they choose to do so. The only safe place to smoke or vape marijuana is at home. Smart police officers are ignoring cannabis users and focusing on the opiod problem and DUI problem. Many people have died from DUI accidents, pain pills, heroin, and fentanyl, but nobody every overdosed on cannabis. Eighty-three year old country star Willie Nelson is still playing his guitar and singing "All the whiskey in Lynchburg, Tennesee just couldn't hit the spot. I've got a hundred dollar bill, you can keep your pills friend, it's all going to pot."
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Canada's new prime minister, Justin Trudeau, wants to make cannabis legal for both medical and recreational use, while in England, where it is still illegal, people are protesting by scattering marijuana seeds in public places because only the plant is illegal, not the seeds. The activist group "Feed The Birds" is distributing cannabis seeds across the country as part of a grassroots campaign to draw attention to the ridiculousness of cannabis prohibition.
In my opinion, medical marijuana should be legal all over the world because it treats many diseases, including certain forms of cancer. No sick person should have to move to purchase medicine that a doctor prescribes. Cigarette smoking should be illegal all over the world, because scientific evidence shows that second hand smoke is dangerous to the health of non-smokers, especially if they are children. Because they damage one's health so much, U.S. smokers must pay 150% as much to buy health insurance. There is a great deal of evidence that marijuana has therapeutic potential in various types of cancer, including bladder cancer, glioma, leukemia, and breast cancer, and if it were studied further, it might cure other types of cancer as well. So why is tobacco legal but cannabis is not? Politics and money, of course. The best example is what happened in Ohio, a very important swing state, because no Republican has ever been elected President without winning the state of Ohio.
What Went Wrong in Ohio
ResponsibleOhio's amendment to legalize both medical and recreational cannabis failed to pass, primarily because of its flawed petition process and intent to establish an oligopoly or monopoly. They planned to create an oligopoly where firms collude rather than compete, and this cooperation makes them operate as if they are one company. This changes the market structure from being an oligopoly to a monopoly, because an oligopoly requires some form of competition. If ResponsibleOhio's proposal had passed, the investors could charge as much for medical marijuana as Big Pharma charges for Gleevec and other cancer drugs. You don't need a degree in economics to know that corporations are more concerned with maximizing profit than with saving lives.
Under ResponsibleOhio's proposal, the only businesses which would be allowed to legally produce cannabis would be 10 licensed growing operations owned and operated exclusively by the investors funding the ResponsibleOhio campaign. This is unlike any proposal in any other state, because it tried to legalize both recreational and medicinal cannabis at once. In ResponsibleOhio's vision of the future, the Marijuana Control Commission would operate in a similar fashion to the Liquor Control Board. Expanding the licenses to include anybody outside of the original investor group was not an option. This closed environment would likely have hindered business growth and discouraged entrance into the field from established medical stakeholders, such as the people who have been pivotal in the development of Colorado and Washington cannabis markets.
Another problem was that the only investor with medical experience was Dr. Suresh Gupta, a local pain management physician and anesthesiologist in Dayton. Gupta has faced five medical malpractice claims, two personal injury lawsuits, and multiple business lawsuits throughout his career. In 2008, he faced charges of gross sexual misconduct from four previous female patients. He has also been disqualified from participating in clinical investigations by the Food and Drug Administration after it was found that he submitted false information, failed to oversee investigations, and failed to protect participants.
As advocate groups began to complain about the limitation of production and distribution to only the wealthy investors of ResponsibleOhio, the Ohio Legislature placed House Joint Resolution 4 on the ballot to "prohibit monopolies, oligopolies and cartels, conferring a commercial interest, right or license to another person or entity that is not available to similarly situated entities from being written into the Ohio Constitution," which is precisely what ResponsibleOhio wanted to do. If the ResponsibleOhio proposal and Jouse Joint Resolution 4 had both passed, it would have been impossible for ResponsibleOhio to go into effect. On election day, both were voted against.
Marijuana as a Cancer Treatment/Cure
Hepatocellular carcinoma is one of the leading causes of cancer deaths worldwide. Researchers from China's Guangzhou Medical University believe that cannabis compounds offer future treatments for hepatocellular carcinoma (HCC), the most common type of liver cancer. Researchers targeted affected cells with a synthetic cannabis-like compound and noticed inhibited growth of cancerous cells. Cannabinoid receptor agonists appeared to disrupt cell cycle regulation, leading scientists to believe that cannabinoid therapy could be the next possible treatment frontier for this deadly cancer."1
This amazing discovery adds to a growing body of research building a compelling case for cannabis as a target for cancer medicine. The U.S. National Cancer Institute acknowledged that marijuana plays a role in killing cancer cells, and the American Cancer Society has requested that it be removed from Schedule I so further research can be done on the plant's medicinal value. Even the National Institute of Drug Abuse agrees that marijuana kills some cancer cells and reduces the size of others.
As medical cannabis legalization becomes more common in the U.S., patients are faced with the question of how to consume it. In the sixties, most people smoked it but in the last two decades, vaporization has become the best way to consume the cannabis. Many consumers are attracted to vapor because it is one of the healthiest consumption methods. Researchers believe that combusting cannabis creates toxins (including some carcinogens) that disturb the respiratory system. Vaporization is better because it is a smokeless method that heats cannabis at a much lower temperature, releasing cannabinoids and terpenes (the pungent oils that color cannabis varieties with distinctive flavors like citrus, berry, and mint), into a vapor without the harmful byproducts. If you can afford to buy the expensive equipment needed for vaping, that is the best way to use medical marijuana for most people. Smoking marijuana long term can lead to bronchitis in some patients, but vaping it will not irritate the respiratory system at all.
Different compounds in marijuana have different actions in the human body. For example, delta-9-tetrahydrocannabinol (THC) seems to cause the "high" reported by consumers of marijuana, and also can help relieve pain, nausea, reduce inflammation, and can act as an antioxidant. Cannabidiol (CBD) can help treat seizures and can reduce anxiety and paranoia. Different cultivars (strains or types) and even different crops of marijuana plants can have varying amounts of these and other active compounds. This means that marijuana can have different effects based on the strain used.
The effects of marijuana also vary depending on how marijuana compounds enter the body. When taken by mouth, the THC is absorbed poorly and can take hours to be absorbed. Once it's absorbed, it is processed by the liver, which produces a second psychoactive compound (a substance that acts on the brain and changes mood or consciousness) that affects the brain differently than THC. When marijuana is smoked or vaporized (inhaled), THC enters the bloodstream and goes to the brain quickly. The second psychoactive compound is produced in small amounts, and so has less effect. The effects of inhaled marijuana fade faster than marijuana taken by mouth.
There are 2 chemically pure drugs based on marijuana compounds that have been approved in the U.S. for medical use. Dronabinol (Marinol®) is a gelatin capsule containing delta-9-tetrahydrocannabinol (THC) that's approved by the U.S. Food and Drug Administration to treat nausea and vomiting caused by cancer chemotherapy as well as weight loss and poor appetite in patients with AIDS. Nabilone (Cesamet®) is a synthetic cannabinoid that acts much like THC. It can be taken by mouth to treat nausea and vomiting caused by cancer chemotherapy when other drugs have not worked. Based on a number of studies, dronabinol can be helpful for reducing nausea and vomiting linked to chemotherapy. Dronabinol has also been found to help improve food intake and prevent weight loss in patients with HIV. If synthetic marijuana produced by pharmaceutical companies can do this much, imagine what vaping the THC and CBD from real plants can do for patients if only it were not illegal.
Nabiximols is a cannabinoid drug still being tested in clinical trials in the U.S. In Canada, Nabiximols has been approved for the treatment of MS spasticity and pain linked to cancer. It is a mouth spray made up of a whole-plant extract with THC and cannabidiol (CBD) in an almost one to one mix. It is available not only in Canada, but also in parts of Europe. Many studies have shown that people who took marijuana extracts in clinical trials usually needed less narcotic pain medicine.
The American Cancer Society supports the need for more scientific research on cannabinoids for cancer patients, and recognizes the need for better and more effective therapies that can overcome the often debilitating side effects of cancer and its treatment. They also believe that the classification of marijuana as a Schedule I controlled substance by the U.S. Drug Enforcement Administration imposes numerous conditions on researchers and deters scientific study of cannabinoids. The American Cancer Society firmly believes that medical decisions concerning pain and symptom management should be made between the patient and his or her doctor, balancing evidence of benefit and harm to the patient with the patient's preferences.2
The U.S. was once a truly exceptional country that created the freest, most prosperous, major multicultural nation in the world. Our country fought and won two world wars, built a social welfare state, established a stable national banking system, won the vote and equal rights for women and minorities, constructed a formidable national infrastructure, and instituted environmental safeguards. The Republican party of the past used to have many good presidents, unlike Trump, Rubio, Cruz and all the other puppets who represent the ruling class. It was Republican President Eisenhower who expanded Social Security and built the largest public works program in history during the 1950's — the Interstate Highway System. Eisenhower was a five-star general in the U.S. army during World War II and he served as Supreme Commander of the Allied Forces in Europe, the opposite of today's privileged draft-dodging Republican candidates. In the good old days, Republicans joined Democrats in passing Lyndon B. Johnson's landmarks civil rights legislation.
Unfortunately, those days are gone. Today, the red states often squander their natural resources to keep their living costs low for their expanding poorly educated middle class. They don't want to pay higher taxes so that all citizens have access to affordable healthcare. The red states preach about personal responsibility and self-reliance, which is ridiculous, because no individual is self-reliant. Anyone whose home is destroyed by a natural disaster loses his self-reliance overnight, as does a successful businessman who develops ALS or some other debilitating disease. They try incessantly to destroy social programs and make the government so tiny that it cannot function properly and be able to offer support to the elderly and disabled. The misogyny, racism, and contempt for the poor among the conservative candidates shows a dearth of compassion. Why would any U.S. citizen vote for a politcal party that systematically works to deprive honest working Americans of healthcare, a party that tries to prevent college students, the elderly and the poor from exercising their constitutionally mandated right to vote, that promotes war as the only viable approach to foreign policy, that wants to prevent young poor women from having access to abortion if they are raped and then giving parental rights to the rapists, a party that is adamantly against any kind of reasonable medical marijuana laws despite all the evidence that it treats many diseases?
Any state that prevents sick people from using one of God's plants to relieve their suffering or cure their form of cancer is committing a crime against humanity. The govenors of Alaska and Arizona accept this so there is hope for the other red states. If the governors of all the other red states ever begin to understand this, scientists and researchers will be allowed to study the plant and cure many types of cancer and other diseases. Perhaps they already do understand this, but they are controlled by the pharmaceutical industry that does not want to lose money on its expensive cancer drugs. They already refuse to negotiate with the government to make medicine more affordable for the sickest disabled and elderly citizens on Medicare. One thing is certain: the federal ban on marijuana will not be lifted until the red states change their agenda or get voted out of office.
1Rahn, Bailey. (November 4, 2015) Leafly. (Retrieved from https://www.leafly.com/news/health/cannabis-shows-promise-in-yet-another-type-of-cancer-hcc-liver-tu?utm_medium=email&utm_campaign=Week%2045%20Weekend%20News%20-%20Treatment&utm_source=Sailthru&utm_term=newsletter)
2American Cancer Society. (Retreived from http://www.cancer.org/treatment/treatmentsandsideeffects/physicalsideeffects/chemotherapyeffects/marijuana-and-cancer).
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Floridians for Freedom (www.flcan.org) has recently proposed a constitutional amendment to the Florida Constitution that will give adults 21 and older the right to possess, use and cultivate cannabis. This group believes that the value of cannabis for health, for fiber, for its pharmacological value and for enjoyment is much more important than any perceived threat to society. No one should ever be locked up for using marijuana as long as they are not behind the wheel of a car, bus, truck, plane, or any other profession that jeopardizes public safety, and law enforcement should be allowed to focus on fighting real crime, instead of spending countless hours investigating and processing a marijuana arrest for a secretary or receptionist. Although many people who live in Florida believe that it is time to end cannabis prohibition, some people (especially people who use or sell marijuana) are afraid to sign their name to a petition that clearly states at the top that the form becomes a public record upon receipt by the Supervisor of Elections.
It is worth noting that polls from several swing states suggest that candidates generally back states' rights to set their own marijuana laws. According to recent polls, the majority of voters in both Florida and Ohio say they support legalized marijuana for recreational use, while the voting population in Pennsylvania is split nearly down the middle on the issue.2 The biggest obstacle for Floridians for Freedom will be the elderly population. Many of them who have cancer, ms, dementia, and neuropathy have no idea that this medicine will help them and are afraid that cannabis smokers will cause just as many car accidents as alcohol. The elderly voted against medical marijuana in 2014, causing the constitutional amendment to miss the 60% it needed by only 2%. I hope the elderly are not swayed by anti-cannabis propaganda generated by far right loons as they were in the 2014 election.
As part of the effort to reach 1 million voters in the next 3 months, Floridians for Freedom has taken on an enormous challenge. FLCAN Executive Director Jodi James, who currently serves as the Chair of Floridians for Freedom is teaming up with Alex Snitker and Dennis "Murli" Watkins of Gainesville for a fourteen day, 34-county tour of Florida. At least 1 million registered voters must sign this petition by December 31, 2015 to get it on the 2016 ballot.
Medical marijuana is already on the 2016 ballot, because most Floridians agree that marijuana is medicine for many people. Another constitutional drive run by United For Care and led by Orlando lawyer John Morgan wants to legalize marijuana for medical purposes only, while Floridians For Freedom wants it legalized for all uses. Floridians For Freedom is a not-for-profit organization founded in 1998 and is based in Melbourne. The language of their proposed amendment is short:
"All people in the State of Florida twenty-one years of age and older shall have the right under state laws to possession, use, and cultivation of cannabis. The right shall not be infringed except that the transfer of cannabis by purchase or sale may be regulated as necessary to insure health and safety."
Jodi James, chair of Floridians For Freedom and executive director of the Florida Cannabis Action Network, described the proposal as an effort for ending prohibition of marijuana under state law. All the commercial aspects of marijuana would be controlled by rules and regulations set by the Florida Legislature and Department of Commerce, she said. She called that the group's "end goal." They want it to be legal, regulated, and controlled and they want everyone to have safe access. Floridians For Freedom will have to gather many valid signatures to get the effort to the next phase, Florida Supreme Court review, to make sure the proposed amendment and ballot language meet all state requirements.
If you are a recreational user and you are afraid to lose your job if your boss finds out, you might not want to sign the petition. However, if you are someone who believes that marijuana is a miraculous plant that can provide relief for many people who are suffering and you don't personally use it, please support the amendment. In Colorado, the revenue from cannabis sales is being used for education instead of going into the pockets of street vendors. See http://www.denverpost.com/marijuana/ci_26247743/pot-revenues-starting-help-select-schools-pricey-projects for more details. Florida's public school system is starving for revenue to improve education. Our public schools are so bad that most wealthy Floridians send their children to private school. Why should the drug cartels and street vendors make so much money "under the table" when the state desperately needs the revenue it could generate from legalization?
Even if you believe marijuana should be used for medicinal reasons but not for recreation, I encourage you to sign this petition because the federal ban on cannabis makes it difficult for scientists to obtain the plant to study it, and if all 50 states decide cannabis should be legal, the federal government will likely overturn the ban and make it 100% legal for adults. Once the plant is legal, companies such as GW Pharmaceuticals will find it easier, less expensive and safer to develop cannabis medicines and therapies for patients with horrific diseases.
GW Pharmaceuticals has established the Cannabinoid Research Institute and specializes in cannabinoid science. There are more than 60 cannabinoid compounds identified to date. GW is researching many cannabinoids, each of which has different effects and applications. There might be a cure for cancer within this remarkable plant if scientists and researchers are allowed to study it. If you believe that marijuana should be legal, please take the time to sign and mail this petition which can be found at http://dos.elections.myflorida.com/initiatives/fulltext/pdf/64864-1.pdf. The deadline is December 31, 2015.
1Green, Johnny. (July 3, 2015). Miami-Dade Decriminalization Plan Will Start in One Week. The Weed Blog. (Retrieved from http://http://www.theweedblog.com/miami-dade-marijuana-decriminalization-law-will-start-in-one-week/)
2Broadbeck, Laura. (October 9, 2015). As Marijuana Support Grows, Election Worries Mount. Benzinga. (Retrieved from http://finance.yahoo.com/news/marijuana-support-grows-election-worries-105405661.html)
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Private clubs, providing they meet certain criteria, are exempt from the ADA and do not have to provide ADA accommodations, such as allowing a service dog, but a condo is not a private club. Each unit is privately owned, but the roadways and parking lot are shared by all unit owners. An individual unit owner has the right to say "I don't want a service dog inside of my condo because I am allergic to dogs," but the common grounds are for everybody who lives in the condo to use. Common grounds often include the pool area, laundry facilities, business offices, and outdoor restrooms.
While the ADA governs the use of emotional support animals in public places, the Fair Housing Act governs the use of emotional service animals in housing. Under the Fair Housing Act, an individual with a disability is entitled to keep an emotional support dog in housing facilities that otherwise do not allow pets. An emotional support animal must be permitted as a reasonable accommodation when an individual requires the animal in order to have an equal opportunity to use and enjoy the housing. The assistance the animal provides must relate to the individual's disability. An individual with a disability must acquire a special letter from a licensed mental health professional documenting the individual's need for an emotional support animal. Our client had the appropriate letter from his psychiatrist.
A condo is free to enact a no pet or no animal policy or have pet restrictions, such as size limits. However, a service dog is not considered a pet under the law and has status just as his owner would. Therefore, it is legal for a service dog to go anywhere his owner can go. A condo cannot discriminate from allowing a disabled person from purchasing or leasing a condo unit. A service dog is permitted without regard to any local animal or pet policies. Century Village knew that this is the law and filed the lawsuit anyway.
There are many psychological benefits to being partnered with a service dog for people with major depressive disorder. A dog depending on him for care will likely encourage his owner to get out of bed to take the dog for a walk and to give the dog food, water, treats, and toys. The simple act of getting up and moving around, especially getting fresh air, can help relieve some of the symptoms of depression. The routine of caring for the dog can help the person get on a routine for feeding and caring for himself at the same time, i.e. when the dog eats dinner, the disabled person also eats dinner. Some people with suicidal ideation have reported they would not be able to act on their thoughts of suicide for fear of leaving a beloved companion without care. Many studies have shown that interactions with dogs and other animals cause biochemical changes in both the person and the animal, resulting in feelings of calmness and lowered blood pressure. When trained therapy dogs visit hospitals, the patients feel calmer and their physical health improves as a result.
Unless a dog is trained to independently recognize and respond to its owner's psychiatric disability, the dog does not qualify as a psychiatric service dog and does not receive the protections of the ADA. In this case, the judge found that our client was a qualified member of the class protected by the ADA, that his dog was a compliant service dog under the ADA and that Century Village is subject to the ADA. They are not a private club because there is a real estate office open to the public within Century Village, which makes their roadways public accommodations.
The post Century Village Files Frivolous Lawsuit Against Elderly, Disabled Man Over Service Dog appeared first on Porcaro Law Group.]]>
The post Recent Developments Regarding the Legalization of Medical Marijuana appeared first on Porcaro Law Group.]]>
Marijuana does not belong in Schedule II either because the methamphetamine, fentanyl, morphine, and cocaine currently listed as Schedule II drugs are extremely harmful to your health and can be fatal. In my opinion, marijuana should not be a controlled substance at all, because it does so much good and so little harm, but Congress passed it, Reagan signed it, and the DEA does not want to change it. Despite the fact that marijuana has never killed anyone and has numerous medical uses, especially for cancer, fibromyalgia, multiple sclerosis and children with epilepsy, the DEA has turned down many petitions to reclassify the drug, most likely for political reasons.
The DEA claims there is not enough proof of marijuana's medical value, but the DEA knows that the only reason there is not enough proof is because researchers cannot obtain and study marijuana to get the proof while it remains a Schedule I drug. The DEA's chief, Michele Leonhart, recently had to step down because of corruption that involved DEA agents having sex with prostitutes paid for by drug cartels. With her out of the way, perhaps the next petition to reclassify and study marijuana won't be denied.
When asked her opinion on marijuana, presidential candidate Hillary Clinton said that she had never tried it and she wants to see how things work out in the states before deciding whether or not she thinks the federal law should be changed. This "I'm not sure" type of answer is typical of most politicians on both sides other than Bernie Sanders, who says what he believes instead of what he thinks the voters want to hear. I would have much more respect for Hillary if she clearly stated, "I do not know whether or not legalizing recreational marijuana is a good idea for this country. I would like to re-examine the issue after seeing how it works out in the 5 states that are currently trying it. However, there is a great deal of scientific research that proves medical marijuana helps many very sick people who should not have to move to another state to get medicine. Marijuana is clearly less dangerous than heroin, ecstasy, LSD, crystal meth, and cocaine and it should be reclassified by the DEA out of Schedule 1 so more research can be done on it to determine all of its medical uses. Medical marijuana should be legal in all 50 states."
How could any parent think his kid is in more danger because of marijuana than because of crystal meth and cocaine? How could any politician not know that medical marijuana can alleviate the suffering of many sick people and is far less dangerous than heroin? I believe they all know, but unlike Sanders, they receive large campaign contributions from the organizations that don't want medical marijuana to be legal, such as beer and alcohol companies, police unions, private prison corporations, prison guard unions, and of course, the big pharmaceutical companies, who spent more than 20 million on lobbying against medical marijuana during the 2012 election. Sanders is the only candidate who can't be bought by large corporations, but since he is honest and calls himself a socialist, he probably won't get enough votes to become our next president.
Another recent development is the appointment of a new Attorney General. Unlike Attorney General Holder, Loretta Lynch, is opposed to medical marijuana and said she would veto any attempt by Congress to overturn the federal ban. She does not want to reclassify the drug from Schedule I to Schedule II, which would lift the banking and other operational restrictions that haunt most marijuana businesses, even in states that have decriminalized the drug.
Ms. Lynch may have difficulty with her agenda now that The National Institute on Drug Abuse has changed the language on its page dedicated to marijuana. They have stated on their website that CBD is a cannabinoid that does not affect the mind or behavior. The website also states that it may be useful in reducing pain and inflammation, controlling epileptic seizures, and possibly even treating mental illness and addictions.
In Oregon, Measure 91, which legalized recreational marijuana, clearly stated that the existing medical marijuana program was not to be affected, and the majority of the voters agreed with that. Measure 91 clearly stated that only the public vote can institute a ban. Unfortunately, the Oregon politicians are much like the politicians in Washington D.C. who threatened to fire the mayor a few months ago. They don't want to implement legalization even though the voters approved it. Same story, different state.
Oregon's joint committee wanted to reduce the number of medical marijuana gardens from 6 mature plants per patient to a limit of just 12 plants total, regardless of how many patients a grower serves, in urban areas, as well as new recordkeeping and inspection requirements for medical marijuana growers. When Oregon's medical marijuana dispensaries were created by the legislature in 2013, they allowed city councils and county commissions to institute bans until May 1, 2015.
More than half of the cities and counties in Oregon instituted medical marijuana bans and did not want the bans to expire. What is the point of having people vote on whether or not something should be legal and then banning it? House members wanted these bans to automatically go to the ballot for the voters to decide. Senate members wanted bans to remain until the people collected enough signatures to put it to a vote of the people. This all makes very little sense when you consider the fact that the recreational marijuana legalization Measure 91 passed by a 56 percent vote and the law clearly states that in order to ban a recreational marijuana dispensary, it requires a vote of the people, not just the votes of city councils or county commissions. If these officials vote to ban medical marijuana dispensaries, they will certainly vote to ban recreational marijuana dispensaries, which contradicts Measure 91 and they will end up with the same problem that already exists in Washington State, where medical and recreational marijuana are only available in urban centers and the price is artificially inflated.
In Canada, "the Marijuana for Medical Purposes Regulations made growing cannabis at home illegal, leaving government-approved cultivators as the only lawful source for medical marijuana.
Also illegal are dispensaries and any forms of medical marijuana other than dried flower. Because of these restrictions, the price patients pay has jumped almost tenfold."1 Despite the fact that Canadians do not face a banking roadblock, since there is no conflict between federal and state law as we have in the U.S., major problems still exist because the government is trying to regulate marijuana with draconian rules.
Marijuana should be legal for medical use in all forms, whether it is smoked, vaporized, eaten, put in tea, or anything else the doctor says to do with it. Certain diseases require treatment in the form of marijuana oil. All types of medical marijuana should be legal and affordable regardless of where you live, and I know that someday it will be.
According to Brendan Kennedy, CEO of Privateer Holdings, the nation's leading cannabis private equity fund, "It's very likely that the prohibition of retail cannabis will have ended by 2020."2 No one knows for sure when the federal ban will end, but despite what the politicians and lobbyists want, the people want medical marijuana and they will not stop fighting until they can buy it legally in the state they choose to live in. Then, U.S. banks will no longer have to worry about the complications of loaning money to cannabis companies and business opportunities will flourish.
1 Dreibas, Tony C. (March 26, 2015) Ups and Downs in the Canadian Medical Marijuana Industry. Marijuana Business Daily. (Retrived from http://medical marijuana businessdaily.com/ups-downs-canadian-medical marijuana -industry/).
2 Thiruvengadam, Meena. (May 8, 2015 10:14 a.m.) Here's how big the pot business will be by 2020. Yahoo Finance. (Retrieved from http://finance.yahoo.com/news/here-s-how-big-the-pot-business-will-be-by-2020-140306078.html).
The post Recent Developments Regarding the Legalization of Medical Marijuana appeared first on Porcaro Law Group.]]>
The post Washington D.C. and Alaska: The Only States with an Absurd "Home Use Home Grown" Only Policy for Recreational Marijuana Users appeared first on Porcaro Law Group.]]>
Two House bills were recently filed that could end the federal prohibition of marijuana, including one which would remove marijuana from the Controlled Substances Act's schedules and regulate it similarly to alcohol. Recreational marijuana use is now legal in 5 states, but how legal is it? In Alaska and Washington D.C., there are no retail stores that will sell it to adults upon presentation of an ID. In addition, you cannot buy it at the dispensary designed for medical marijuana users. Farmers who grow it are allowed to give away up to one ounce. The state government is not collecting any revenue from marijuana, which is extremely foolish considering how much money Colorado raised by taxing recreational marijuana last year. This absurd marijuana policy will inevitably lead to street drug vendors selling marijuana in exchange for cash and all the profit will go to the drug vendors instead of the state governments.
The states where recreational marijuana is legal – Alaska, Washington DC., Washington state, Oregon and Colorado – all have very different laws regarding its sale and use. It is illegal to use marijuana in public in DC. You basically have to grow your own pot, bake your own cookies, and consume it at home (assuming you don't live in public housing, where it could be cause for eviction). According to the District of Columbia Municipal Regulations for the Medical Marijuana Program, marijuana must be obtained from a designated dispensary. Rule 603.1 states that "a caregiver shall only obtain medical marijuana for the qualifying patient from the dispensary designated on his or her registration identification card and shall not: (a) Grow or cultivate medical marijuana for the qualifying patient; (b) Purchase medical marijuana through street vendors; or (c) Obtain medical marijuana from other registered qualifying patients and caregivers."
What this means is that medical marijuana patients and caregivers cannot grow plants at home, even though it is legal for recreational users to do so, and recreational users cannot purchase marijuana from a medical marijuana dispensary if they don't know how to grow it at home. It is absurd to make recreational marijuana legal in a state that already has dispensaries for medical marijuana and then insist that recreational users grow it at home instead of buying it from medical marijuana dispensaries that already exist. This is a revenue killer and the only reason this policy exists is that several outspoken members of the GOP simply do not want recreational marijuana to be legal in Washington D.C. despite what the voters want. Thank God not every member of the GOP is against legalizing marijuana. According to David Simpson, a Republican state representative in Texas who recently introduced a bill to make marijuana legal, stated that he did not believe that when God created marijuana, He made a mistake that the government needs to fix. Unfortunately, the Republicans in D.C. don't feel the same way.
Last summer, I wrote about the conflict between federal and state law regarding marijuana use. I explained that states cannot be forced to comply with the federal prohibition of marijuana. Even though the federal government has a right to ban marijuana, the Tenth Amendment allows states to opt out of participating in the law or assisting in enforcement in any way, making it impossible for federal officials to enforce the ban.
Several members of the GOP sent a letter to the mayor of Washington DC, Muriel Bowser, threatening her with jail time if she implements the new law, which received 70.1% voter approval. She is determined not to be blackmailed by the GOP and insists that she is doing her job by implementing a law that the voters approved, and she is right. The GOP has no right to tell the mayor of Washington D.C. not to do her job, but since when does a constitutional amendment stop the GOP from pursuing its agenda? They are still trying to overturn Obamacare which has saved the lives of many poor and middle class individuals with pre-existing conditions who could not purchase health insurance prior to 2014.
When a few members of Congress asked Attorney General Eric Holder to block Washington, D.C. from legalizing the possession of marijuana for recreational purposes, Holder declined to intervene. Holder was asked by the National Press Club, "Under the Controlled Substances Act, the administration has the power to reclassify marijuana with no further congressional action needed. Do you think that is something that the president should consider in the next couple of years?" Holder denied that he had the authority to reclassify marijuana, which is a lie. Under federal law, the attorney general can move to add, reschedule or remove drugs on his own, at the request of the health and human services secretary or in response to a public petition. However, the law also requires the attorney general to gather information from the Health and Human Services secretary before doing so.1 Holder has the authority to reclassify marijuana if he chooses to do so, but Congress has the authority to overturn the decision.
It is possible that Holder believes that if he tries to reclassify marijuana, it will be opposed by Congress, which is more concerned about the loss of profit at pharmaceutical companies with powerful lobbyists. As long as marijuana is a Schedule I drug, there are limitations to conducting the extensive clinical trials required to take it out of Schedule I, so it is stuck because of the conflicting federal and state laws, and this issue should be addressed by the federal government as soon as possible.
The Schedule I classification means researchers cannot obtain federal funding to study the drug properly. This is tragic, because there is already research that indicates that the CBD in marijuana can stop some types of cancer from metastasizing. Studies have been done and continue to take place, but they are on a smaller scale than are needed. The FDA should start cooperating with the DEA and NIDA to follow strict research protocols to study the effects and medical uses of marijuana. The DEA has certain requirements for the research setting, and NIDA provides grants and a small amount of research-grade marijuana for scientific study.
Most people know that morphine, oxycodone, alcohol and cigarettes can be fatal, but marijuana is a neuroprotectant that can ease pain without any possibility of killing you. No one has ever overdosed on natural marijuana regardless of whether they smoked it or baked it into cookies or brownies. The only people who ended up in emergency rooms were buying synthetic marijuana on the Internet, which was not meant for human consumption, and the chemicals in it caused all kinds of life threatening problems.
If I had multiple sclerosis, fibromyalgia, or some other type of neurological disease that causes chronic pain, I would choose medical marijuana over the narcotic pain pills doctors now offer patients. According to a recent article in the New York Times, people are not just using more opioids; they're using stronger ones. The trend toward stronger drugs may be driving the increase in deaths. Using a strong painkiller is appropriate in some cases, but a review of the relevant scientific data, published on Feb. 17, 2015 in Annals of Internal Medicine, casts doubt on how much opioid treatment is really necessary. The review was conducted by recognized experts in evaluating medical evidence and treating chronic pain at the Oregon Health and Science University, in Portland, Ore., and the University of Washington, in Seattle, Wash. The researchers found little or no evidence that long-term opioid therapy (therapy lasting more than three months) relieves chronic pain, in part because almost all the studies are of short duration. It is extremely reckless to allow opioid usage and deaths to soar in the absence of proof that the treatment is effective. By contrast, there is considerable evidence of opioid therapy's dangers, including overdoses, opioid abuse, fractures, and heart attacks.2
We all know that the real reason why marijuana is illegal in most states is due to the choke hold Big Pharma and Big Tobacco has on politics. They don't want us to know that marijuana is medicinal, and can help recreational users with common ailments like muscle aches and pains, migraine headaches and insomnia. Big Tobacco would rather sell us its poison than let us smoke or eat a natural plant created by God with proven medicinal properties. I suspect that many citizens of Colorado are probably beginning to throw out their expensive prescriptions for Ambien and eating a "Rookie Cookie" (low dose marijuana product sold in Colorado dispensaries) with milk before bed. Big Pharma and Big Tobacco don't want to lose money and they obviously don't care if their products kill people.
1Ye Hee Lee, Michele (February 26, 2015)Can Eric Holder change the federal drug classification of marijuana? The Washington Post. (Retrieved from http://www.washingtonpost.com/blogs/fact-checker/wp/2015/02/26/can-eric-holder-change-the-federal-drug-classification-of-marijuana/?postshare=9651424977400700)
2Pain Killer Abuses and Ignorance. (March 2, 2015) New York Times. (Retrieved from http://www.nytimes.com/2015/03/02/opinion/painkiller-abuses-and-ignorance.html?ref=todayspaper)
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The post Frequently Asked Questions Regarding Florida's Personal Injury Laws appeared first on Porcaro Law Group.]]>
The most important thing to do after a car accident is to seek treatment immediately in order to avoid the "gap in treatment" defense that the insurance company will inevitably use against you. Most insurance companies believe that if you do not seek treatment immediately, you probably were not seriously injured. Therefore, a lower settlement value will be assigned to your case. If you were stopped at a red light and hit from behind, the other driver is always 100% at fault and should be sued, if he has auto insurance. Some people in Florida drive without auto insurance even though it is against the law. To protect yourself against uninsured motorists, you must have uninsured motorist coverage on your own auto insurance policy.
What is PIP?
PIP is an abbreviation for personal injury protection. In 2013, legislation was passed in Florida that allowed insurance companies to collect higher rates while providing fewer benefits to policyholders. Florida requires each driver to carry at least $10,000 in PIP coverage, which allows a Florida motorist to receive medical benefits if involved in an accident, even if the accident is his fault. Patients need certification by a medical doctor, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner corroborating that the injury required immediate medical attention. Unless you are taken to the hospital in an ambulance, do not leave the scene until the police come and fill out an accident report.
Individuals injured in car accidents will have only 14 days to seek initial treatment. If treatment is sought after two weeks, nothing will be reimbursed by the insurance company! In addition, massage therapists and acupuncturists are not allowed to treat patients under PIP. Acceptable treatment providers include emergency services determined by a physician, osteopath, dentist, physician's assistant or registered nurse practitioner. Chiropractor visits are limited to $2,500 and can only be sought after a referral from an acceptable health care provider.
Not seeking medical attention immediately is the biggest mistake that a claimant can make. Sometimes the swelling that accident victims feel directly after the accident masks the pain that they will feel later. Once the initial swelling goes down, it stops masking the soreness. This is when many people begin to feel numbness, tingling, or stabbing pain. Waiting to see a doctor will put your PIP claim in jeopardy and will give the auto insurance companies an excuse to demand a discount on your claim.
How will my lawyer win my personal injury case?
In most personal injury claims, the injured party must be able to show that the person causing the harm was careless or negligent, that the negligence caused the accident, and that the victim has sustained a permanent injury.
How much is my accident case worth?
The factors that determine how much your case is worth include the other driver's insurance policy limits, the severity of the injuries, medical expenses, as well as pain and suffering. Your ability to work, your age, and your future medical prognosis are also important factors.
The post Frequently Asked Questions Regarding Florida's Personal Injury Laws appeared first on Porcaro Law Group.]]>
The post 2014 U.S. Marijuana Mid-Term Elections Results: Marijuana Wins Big in Every State Other than Florida appeared first on Porcaro Law Group.]]>
The federal government's position that marijuana has no medical use is preposterous. Every U.S. commission or federal judge who has studied the evidence has agreed that cannabis is a very safe drug. Considering that the federal government has held a patent on medical marijuana for more than three decades, (Patent No. 6630507) that explains how cannabinoids are neuroprotectants that can treat neurological damage following stroke or trauma, the decision should be easy for Judge Mueller.
The recreational use of marijuana by adults was legal only in Colorado and Washington state prior to the midterm elections, and it is now legal in five U.S. states, including Washington D.C., Alaska, and Oregon. In 2012, Massachusetts made medical marijuana legal, and legalization for recreational use is going to be on the ballot in 2016. In addition, the governor of California has announced that recreational use will be legal in 2016. So what went wrong in Florida? It is long story about an evil demagogue, Melvin Sembler, who convinced a very wealthy hypocrite, Sheldon Adelson, to donate money to a very bad cause.
Nevada-based billionaire Sheldon Adelson made it impossible for Floridians in pain to get medical marijuana without leaving the state. He also made it impossible for sick children with epilepsy to get marijuana oil to control their seizures unless their parents uproot their lives and move to another state. He has donated approximately four million dollars to prevent the medical marijuana amendment from passing in Florida by donating money to Sembler's nonprofit company, the "Drug Free America Foundation," which ran propaganda on television to scare many elderly people into voting against the amendment. Adelson was not concerned about the legalization of marijuana in Oregon and Alaska – and that was for recreational use rather than medical use — most likely because he has no interest in building a casino in either of those states, but he would love to build one in South Florida.
Adelson believes in medical cannabis and has his own medical research organization, the "Dr. Miriam and Sheldon G. Adelson Medical Research Foundation," which produced a study in December showing that medical marijuana has the potential to help those suffering from multiple sclerosis. Adelson has spent hundreds of millions of dollars on marijuana research to get a single breakthrough on multiple sclerosis. Adelson and his wife are major donors to a medical research facility in Tel Aviv, a world leader in medical marijuana studies that supports the use of marijuana to treat a number of diseases. Researchers for the Biology of Addictive Diseases at Tel Aviv University have made advances in studying how marijuana and its associated chemicals can mitigate brain injuries or reduce the symptoms of degenerative diseases like multiple sclerosis and Parkinson's.1
Prior to the TV propaganda, the medical marijuana amendment had 88% support but only 58% support on Election Day. In most states, that would be enough to win. Unfortunately, unlike many other states, Florida's constitution requires 60% in favor to amend its constitution. After the election, Administrative Law Judge W. David Watkins in Tallahassee dismissed Florida's proposed rules for "Charlotte's Web" medical marijuana, which means families waiting for the drug to help epileptic children will have to wait a lot longer. Despite the legislation signed by Rick Scott before the election, Judge Watkins ruled that the Florida Department of Health overstepped its power and has to start over and establish new rules.
Adelson did not help to destroy the medical marijuana amendment because he agreed with his buddy, Mel Sembler, but rather, because he desperately wants to become involved in Florida's lucrative table games market, which is currently controlled only by the Seminole Tribe of Florida. Adelson's Sands Corporation has lobbied furiously to build its own Vegas-style casino in Florida with no luck. The deal with the Seminoles expires next year, and that means that the Governor of Florida will likely sway the decision. Adelson donated $250,000 towards re-electing Governor Rick Scott in June, 2012, but Rick Scott refuses to admit that Adelson's contribution to re-elect him was related to his desire to stop gambling expansion in Florida2 if it is controlled by Florida's Seminole Tribe and competes with his Las Vegas operation. Adelson wanted Rick Scott to win so he could build a big casino in Florida and become even richer than he already is. The suffering of many Florida residents with multiple sclerosis and other debilitating diseases is the collateral damage of his financial agenda.
Adelson is friends with Mel Sembler, a powerful demagogue who attempted to influence the Florida Legislature, trying to destroy legislation in the House that would legalize cannabis oil for children wracked with seizures. Adelson is a very close friend to Mel and Betty Sembler, who run two nonprofit companies called "Save Our Society from Drugs" and "Drug Free America Foundation." The two groups, which claim they want to save children from marijuana addiction, attacked Amendment 2 with a range of absurd arguments. For example, without citing any studies or data, the "Drug Free America Foundation" claimed that marijuana legalization would not only lead to an increase the number of teenage and adult users of cannabis, doubling or tripling the total number of users, and might even trigger a "zombie apocalypse."
I strongly suspect that there are more people who are addicted to gambling than the number who are addicted to marijuana. We have support groups called Gamblers Anonymous, Alcoholics Anonymous, Narcotics Anonymous, and Overeaters Anonymous. Have you ever wondered why there is no support group necessary for marijuana addicts? Unlike use of alcohol, cigarettes and heroin, there are no serious side effect from marijuana withdrawal, other than crankiness and insomnia.
The "Drug Free America Foundation" is a legal entity that began in the 1970's under the name STRAIGHT, Inc. Under the previous brand, the foundation operated as a drug rehab center. In 1983, a U.S. District Court awarded a patient $220,000 in damages for being "held against his will" by STRAIGHT, Inc. After years of negative press, the clinics closed and rebranded into the "Drug Free America Foundation" and its sister nonprofit, "Save Our Society from Drugs". Sembler's two nonprofits continue to pump anti-marijuana messages into social media and major newspapers.3 John Gorenfeld reported in the May 2006 issue of Mother Jones that "Hundreds of Straight alums now claim they were scarred for life, among them Samantha Monroe, who was enrolled in 1980…and claims she was starved, raped, and confined in a closet."4
Straight Inc. staffers were alleged to have abused clients at a number of clinics. After Monroe escaped a Straight Inc. program in Florida at age 13, she says, Straight Inc. staff hog-tied her, brought her back to the facility, and placed her in a "timeout room." Monroe had no choice but to soil her pants with urine, feces and menstrual blood, a punishment that Straight staffers called 'humble pants." A staffer soon began raping her, the Times reported, and she became pregnant at age 14.5
In 1990, the California Department of Social Services ordered Straight Inc.'s Yorba Linda facility to close after investigators said they substantiated several complaints of abuse. According to these complaints, Straight Inc. staff had subjected children in their care to "unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threats, mental abuse…and interference with daily living functions such as eating, sleeping and toileting."6 STRAIGHT, Inc. survivors have their own website, survivingstraightinc.com. I read a story of a teenager who was admitted to the program and he tested negative for drug use. Instead of releasing him, they tried to brainwash him. If Sembler were not wealthy and powerful, he would probably be in jail for what he has done. He has traumatized and damaged many young people far more than any drug could.
What happened in Florida shows clearly that billionaires often have the ability to buy election results. I'm sure this does not come as a big surprise to anyone, for politics has been corrupt for years. Many people believe the corruption goes all the way to the Supreme Court. Perhaps marijuana oil will help a sick child that is related to Sheldon Adelson and he will reconsider helping his buddy Sembler block medical marijuana in the future. Perhaps a friend in Israel who suffers from a painful disease will tell Adelson how much relief he received from cannabis cookies and Adelson will change his mind before the 2016 election.
It is imperative that you vote yes for medical marijuana when you see it on the 2016 ballot, not only to reduce the pain and suffering of many sick people, but to save our children from evil demagogues like Mel Sembler, who is a much bigger threat to their well being than a cannabis cookie. Researchers know that marijuana is not good for children because their brains are still forming until at least 21 years old. No parents want their kids using marijuana, because they want them to excel in school and get good jobs when they grow up. However, if a child has terminal cancer and the cookie makes him or her feel better, does it really matter if it lowers the child's IQ?
1Smith, Nancy. (June 16, 2014 3:55 AM) Sunshine State News: Why is Sheldon Adelson Opposing Medical Marijuana? (Retrieved from http://www.sunshinestatenews.com/story/why-sheldon-adelson-opposing-medical-marijuana.)
2Man, Anthony. (June 11, 2014) Sun Sentinel. Rick Scott avoids question about Sheldon Adelson's involvement in Florida. (Retrieved from http://articles.sun-sentinel.com/2014-06-11/news/sfl-rick-scott-sheldon-adelson-20140611_1_sheldon-adelson-rick-scott-marijuana-effort)
3Fang, Lee. (August 11, 2014.) The Cynical and Weird Hypocrisy of Florida's Marijuana Opponents. Vice Media, LLC. (Retrieved from (http://www.vice.com/read/the-shocking-and-weird-hypocrisy-of-floridas-marijuana-opponents-811)
4Fang, Lee. (August 11, 2014.) The Cynical and Weird Hypocrisy of Florida's Marijuana Opponents. Vice Media, LLC. Retrieved from (http://www.vice.com/read/the-shocking-and-weird-hypocrisy-of-floridas-marijuana-opponents-811)
5Fang, Lee. (August 11, 2014.) The Cynical and Weird Hypocrisy of Florida's Marijuana Opponents. Vice Media, LLC. Retrieved from (http://www.vice.com/read/the-shocking-and-weird-hypocrisy-of-floridas-marijuana-opponents-811)
6Fang, Lee. (August 11, 2014.) The Cynical and Weird Hypocrisy of Florida's Marijuana Opponents. Vice Media, LLC. Retrieved from (http://www.vice.com/read/the-shocking-and-weird-hypocrisy-of-floridas-marijuana-opponents-811)
The post 2014 U.S. Marijuana Mid-Term Elections Results: Marijuana Wins Big in Every State Other than Florida appeared first on Porcaro Law Group.]]>


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Jaden and Willow Smith, the 16- and 14-year-old children of actors Will and Jada Pinkett Smith, gave an "exclusive joint" interview to the New York Times' T Magazine that almost everyone agrees is the craziest interview of all time.
Topics of discussion include the unknowability of time, the duality of the human mind, "the melancholiness of the ocean" and much more.
For example: The first question was, "What have you been reading?" Willow said, "Quantum physics. Osho." Jaden said, "The Ancient Secret of the Flower of Life" and ancient texts; things that can't be pre-dated."
"Every Single Thing About This Jaden and Willow Smith Interview Is Nuts," declared Gawker's Jordan Sargent, who wrote: "There's nothing more I can add to it. Please read the entire thing because these two children are both literally and figuratively our future."
There were a few things to add. The Daily Dot's Cooper Fleishman turned the sit-down into a "Shakespearean interview," the lines broken into iambic petameter; while a host of news outlets gave us the 5, 6 and 11 weirdest, really deep and/or most enlightening moments from the piece.
"It is 2014," wrote Mashable's Max Knoblauch. "What a time to be alive."
UPDATE: According to a TMZ report, former baseball star Jose Canseco admitted that his claim that his surgically re-attached finger fell off while playing poker was a hoax. Read the original story below.
In a series of tweets Monday, Canseco said he was thinking of selling on eBay the detached finger and the gun that shot it off.
On Oct. 28, Canseco was cleaning his gun in the kitchen of his Las Vegas home when the weapon fired and accidentally shot off a finger on his left hand, police said. He reportedly had surgery to reattach the finger.
>>Earlier: Jose Canseco says finger 'fell off' during poker tournament
Then, in a bizarre series of tweets last week, Canseco said the finger "fell off" during a poker tournament.
"I knew something crazy was going to happen with this ... finger cause it felt like it was falling off," Canseco tweeted Friday.
  [View the story "Jose Canseco tweets he may sell finger he shot off on eBay" on Storify]
A music video suddenly making its way around YouTube has people wondering if they've just witnessed the next "Gangnam Style" or, perhaps, have just suffered a psychotic break.
The bizarre music video "Chick Chick" by Chinese singer Rong "Rollin" Wang appears to trying to ride the same viral lightning that led the success of Korean singer Psy and Norwegian duo Ylvis ("What the Fox say?").
Wang is dressed in a white chicken corset as shirtless men in horse masks dance around making barnyard animal noises.
But trying to describe the video is pure folly. It has to be seen to be appreciated.
According to ABC, Wang is singing in Mandarin: "Mother Hen, Mother Hen," "Little Chick, Little Chick," "Rooster, Rooster" and "Who stole my chicken feed?" However, the song's hook is just a series of clucking and squawking noises.
Though the song lacks some of the catchiness that made "Gangnam Style" and "The Fox" hits, it's likely that "Chick Chick" will be seen and heard on a lot of computers around the world this week.
The Fifty Shades of Grey movie just got a whole lot hotter.
A brand-new trailer for the highly anticipated film based on the best-selling erotic novel by E.L. James debuted Thursday night during Scandal, and it's a even racier than the initial trailer that debuted in July.
Most notable perhaps is a flash of a tied-up Anastasia Steele (Dakota Johnson) on the bed with Christian Grey (Jamie Dornan) kissing her stomach. Not to mention the brief glimpses of all manner of straps and whips.
Looks like producers are aiming to put all the rumors to rest that there's no on-screen heat between Johnson and Dornan on-screen.
PHOTOS: The Gorgeous Fifty Shades of Grey Cast
Two new posters for the film also debuted this week, featuring Anastasia doing her signature lip bite, and Christian tightly gripping his trademark tie in his right hand.Focus Features Focus Features
Fifty Shades wrapped filming in February, but did reshoots with a bulging Dornan in October.
Earlier this month, the 32-year-old British actor revealed he will not be going full-frontal in the sexy film.
"You want to appeal to as wide an audience as possible without grossing them out," he told The Guardian. "You don't want to make something gratuitous, and ugly, and graphic. There were contracts in place that said that viewers wouldn't be seeing my ...todger."
But according to screenwriter Kelly Marcel, fans will definitely not be disappointed with the handsome actor's performance -- in fact, she thinks he should get an Oscar.
"Apparently Jamie is great at being soft and hard at the same time," Marcel, 40, said during a chat with author Reza Aslan in in August for an installment of her "An Evening in the Writer's Room" series. "He's going to get an Oscar!"
Fifty Shades of Grey hits theaters in February 2015.
NEWS: Dakota Johnson Doesn't Want Her Mom to See Fifty Shades of Grey
Celebrity lemur Jovian, the star of the PBS wildlife show for kids, "Zoboomafoo", died at the Duke Lemur Center in Durham, N.C., Monday. He was 20 years old.
"He'd jump in through the window and we'd feed him mangoes or garbanzo beans. Sometimes he'd grab our noses with those soft sifaka hands," co-host Martin Kratt said on Facebook.
Social media response to Jovian's passing was touching. Here is a look at some of those social media posts:
  [View the story "Social media reaction to death of celebrity lemur Zoboomafoo" on Storify]
Wheel of Fortune's iconic host Pat Sajak couldn't believe what he was hearing out of his contestants and almost left the building.
Sajak decided that they were being so ridiculous that it was time for him to be ridiculous too.
One team got a the letter "n" right and then tried to guess the rest of the puzzle then and there. "Riding a brown horse!" one contestant yelled out.
The next team got the letter "g" right and guessed "riding a white horse!"
Everyone was laughing, including Sajak who started to make his way offstage in mock protest.
"Who said anything about a horse?!" the host yelled as soon as he got back.
It's hilarious that the category of this puzzle was "What are you doing?" because no one answering seemed to know what they were doing and no one listening knew what was going on.
What was the answer this puzzle? Reportedly, "seeing a buddy movie."
Looking back, the other two answers seem more plausible than that.
Much of the original cast of "The Love Boat" were joined by several of the show's former guest stars to help christen a new line of cruise ships in Ft. Lauderdale, Wednesday.
The reunion included Gavin Macleod (Capt. Merrill Stubing), Lauren Tewes (Cruise Director Julie McCoy), Fred Grandy (Purser Gopher Smith), Bernie Kopell (Dr. Adam Bricker), Jill Whelan (Vicki Stubing), and Ted Lange (Bartender Isaac Washington).
People magazine reports that along with the crew, several of the show's repeat guest stars were there as well, including 8-time guest star Charo.
The other stars in the reunion were Doris Roberts, Dick Van Patten, Joyce DeWitt, Charlene Tilton, Jamie Farr, Florence Henderson, Diane Ladd, Marion Ross, Kristy McNichol, Carol Lawrence, Lee Meriwether, Jeraldine Saunders, Lorenzo Lamas, Loni Anderson, MacKenzie Phillips, Adrian Zmed, Christopher Knight, Don Most and Tracy Nelson.
"Love Boat" aired from 1977-1987. If you are feeling nostalgic for the show, according to People, TV Guide Network is airing a marathon of "Love Boat" episodes through Thursday.
Love 'em or hate 'em, the Minions are back.
Universal Pictures and Illumination released the first official trailer for "Minions," which hits movie theaters in July 10, 2015.
The story follows the yellow chums from the "Despicable Me" movies back through time as they seek out the most despicable masters throughout history, from T. rex to Napoleon.
When it becomes difficult to find their next evil master, a trio of Minions split off in search of a new boss.
They eventually find their next potential master, Scarlet Overkill (played by Sandra Bullock), the world's first-ever female super-villain, in 1960s New York City. Mayhem ensues and leads the group to mod London, where they must try to save all Minionkind from annihilation.

subset: commoncrawl


text:
Prep: 20 min., Cook: 20 min.
Makes 4 servings
More from Southern Living Cooking School
1 (3.5-oz.) bag SUCCESS Brown Rice, uncooked
1 medium-size Granny Smith apple, peeled and chopped
3/4 teaspoon apple pie spice
2 tablespoons lemon juice
4 ounces turkey sausage
3/4 cup chopped onion
1/2 cup chopped celery
1/4 cup chopped walnuts
1/4 cup raisins
1/2 teaspoon salt
1/2 teaspoon pepper
1/8 teaspoon rubbed sage
1/3 cup low-sodium chicken broth
2 to 4 Tbsp. honey
Garnish: fresh parsley sprigs
1. Prepare rice according to package directions.
2. Stir together chopped apple, apple pie spice, and lemon juice.
3. Brown sausage in a lightly greased large nonstick skillet. Cook over medium heat, stirring occasionally, 5 to 7 minutes or until sausage crumbles and is no longer pink. Add onion and next 3 ingredients; cook, stirring occasionally, 5 to 7 minutes or until vegetables are crisp-tender. Add apple mixture, salt, pepper, and sage; cook 3 minutes, stirring constantly. Add rice, broth, and honey; cook, stirring constantly, 2 to 3 minutes or until thoroughly heated. Garnish, if desired.
April 2008


text:
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