Florida medical marijuana officials are actively revoking the registrations of patients and caregivers with drug-related criminal records.
The policy is part of broad budget legislation signed into law earlier this year by Gov. Ron DeSantis (R). The provisions in question direct the state Department of Health (DOH) to cancel registrations of medical marijuana patients and caregivers if they’re convicted of—or plead guilty or no contest to—criminal drug charges.
The measure says a patient or caregiver will have their registration immediately suspended upon being charged with a covered state drug crime, and the suspension will remain in place until the criminal case reaches a final disposition. DOH officials have authority to reinstate the registration, revoke it entirely or extend the suspension if needed.
Bobbie Smith, director of the Florida Office of Medical Marijuana Use (OMMU), told lawmakers on Wednesday that regulators are already banning people from the medical cannabis program under the new policy.
OMMU has “identified 20 individuals that meet the new requirement for revocation, and there’s roughly 140 that we’re still monitoring as they wait make their way through the criminal justice system,” she said at a hearing of the House Health Professions & Programs Subcommittee in comments first reported by Florida Politics.
Under the law, authorities are required to revoke a person’s registration if the patient or caregiver “was convicted of, or pled guilty or nolo contendre to, regardless of adjudication, a violation [of state drug law] if such violation was for trafficking in, the sale, manufacture, or delivery of, or possession with intent to sell, manufacture, or deliver a controlled substance.”
The enacted version of the legislation focuses specifically on production and distribution. It does not contain an earlier restriction from prior versions that would have also revoked registrations for people who merely purchased illegal drugs, including more than 10 grams of marijuana for their own use.
It also clarifies that patients and caregivers have a process to request their registrations be reinstated. That involves submitting a new application “accompanied by a notarized attestation by the applicant that he or she has completed all the terms of incarceration, probation, community control, or supervision related to the offense.”
It’s not clear from the plain language of the revised bill whether it will impact only future criminal cases involving medical marijuana patients and caregivers or whether DOH would need to review the records of existing program registrants and revoke registrations of an untold number of Floridians with past drug convictions.
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