Billy’s Blog

THE WEB OF CRONY CAPITALISM IS MUCH BIGGER THAN ‘CHARLOTTE’S WEB’

Billy's Blog, Medical Marijuana /

While Florida’s legislators present themselves as though they are acting with compassion to help children who suffer intractable epilepsy, many of the power player’s real objective is to capture market share for their crony friends of the huge marijuana business that is rapidly approaching Florida.  A close reading of SB 1030, ironically tilted the “Compassionate Medical Cannabis Act of 2014” a/k/a the “Charlotte’s Web Bill” reveals it sets the foundation to hand over Florida’s burgeoning marijuana industry to a select few friends of the establishment class.  Charlotte’s Web creates an anti-competitive platform under the guise of compassionate legislation and the Governor has stated his intent to sign it into law.

The proposed law requires that the cultivation, processing, and dispensing of the low level-CBD end-product shall solely be conducted by a single entity referred to as a “dispensing organization.” Under the proposed law there can be no more than five dispensing organizations, statewide. I predict there will be only one. This anti-competitive business model is referred to as “vertical integration.” Ironically, vertical integration is exactly what the Republican majority argued against when insisting that the craft brewery industry must use a three-tier level of distribution contending that would preserve competitive markets. This is what is known as hypocrisy.

It gets worse. Not only must a single entity be the sole grower, processor, manufacturer and distributor of the Charlotte’s Web strain of cannabis from the time it is planted in the soil until placed under the patient’s tongue as an oil, but in order to qualify as a dispensing organization the business must have been “a registered nursery in this state for at least 30 continuous years.” (See lines 185-194 from the proposed legislation inserted below.) I suggest this anti-competitive platform was accomplished purposefully to position a few crony capitalists (also known as democratic capitalists) to be handed the lion’s share of Florida’s marijuana business that will plant itself in our state following the passage of Amendment 2 to the Florida Constitution in November 2014. I further suggest, as I have been stating in my campaign appearances around the state, this was the Republican establishment’s endgame plan all along, despite political propaganda to the contrary. A thirty-year requirement to qualify for market access is unprecedented in any industry I am aware of and certainly has no rational basis to serve as a prerequisite to grow “weed.” Shame on those in the House who introduced and supported this 11th hour amendment.  A new industry that could create prosperity for so many Floridian entrepreneurs is being funneled to a select few.

My heart goes out to the families and patients who will be denied compassionate use because of this highly restrictive Charlotte’s Web bill, which only allows for use as an oil droplet for patients who demonstrate symptoms of seizures or severe and persistent muscle spasms. Aside from the small population this oil will help, a million Floridians will be denied the healing benefits of other derivatives of the cannabis plant which could have been made available by passage of the Cathy Jordan Medical Cannabis Act (SB 962). When I wrote the original Cathy Jordan Medical Cannabis Act in 2012, I purposefully included safeguards against anti-competition like we now see in 2014. The Republican leadership refused to advance the Cathy Jordan Act again this year. Yet they embraced this commercial market grab presently known as CS/CS/SB 1030, Enrolled.

This is the type of politicking and cronyism that inspired me to run for Florida Attorney General. I want to be in a position to protect the interests of ALL Floridians when the legislature has to meet its mandate to create law following the passage of Amendment 2 in November. I do not trust any of the ‘establishment candidates’ to protect the will of the voters where such a huge and profitable market is involved. On behalf of the parents who came to Tallahassee to plead for access to that which is available in 21 other states and D.C., I’m calling “foul” on our FL legislators.

In the 11th hour the following was added to the bill by 7th-generation Floridian, Rep. Matt Caldwell, R-Lehigh Acres:

185 . . . An applicant for approval as a

186 dispensing organization must be able to demonstrate:

187 1. The technical and technological ability to cultivate and

188 produce low-THC cannabis. The applicant must possess a valid

189 certificate of registration issued by the Department of

190 Agriculture and Consumer Services pursuant to s. 581.131 that is

191 issued for the cultivation of more than 400,000 plants, be

192 operated by a nurseryman as defined in s. 581.011, and have been

193 operated as a registered nursery in this state for at least 30

194 continuous years.

Wohlsifer, an attorney in Tallahassee, is now running for the office held by Attorney General Pam Bondi.  Wohlsifer has announced that he will pay the qualifying fee and is certain to be on the November ballot.

 

Matt Wright is a writer and political activist living in south Florida. He has a BS in communications and is currently working for the Bill Wohlsifer for Attorney General campaign. To hear more from Matt you can follow him on Twitter at @mrwright79 or Like him on Facebook.

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FLORIDA LIBERTARIAN PARTY CANDIDATE FOR ATTORNEY GENERAL BILL WOHLSIFER SAYS THANKS, BUT NO THANKS FOR MARIJUANA VOTE

Billy's Blog, Medical Marijuana, Press Release Archive /

FOR IMMEDIATE RELEASE                 May 2, 2014                                                  

 

Florida Libertarian Party candidate for Attorney General Bill Wohlsifer publically thanks Speaker Weatherford for placing the House version of what is commonly referred to as the “Charlotte’s Web” bill (HB 843) on the calendar, in the 9th inning yesterday.  “If approved, Charlotte’s Web can bring relief to 125,000 children in Florida who suffer seizures from intractable epilepsy,” said Wohlsifer.  “We have a unique opportunity to help children as the state Senate has wisely realized.”  Wohlsifer released a public statement calling for this action on April 30.

“I am calling on Speaker Weatherford to resist the pressure from Governor Rick Scott who does not want to see this bill move,” said Wohlsifer.  “These children need help now.”

Wohlsifer, who also supports Amendment 2, a constitutional amendment that will legalize the use of medical marijuana in Florida, said he believed that the “Charlotte’s Web” bill had enough bipartisan support to pass the House if the Speaker would post it for a vote.  Yesterday, Wohlsifer was proven correct and the legislation is headed back to Senate with a “message” – a statement of the action taken on the bill in the House on the 59th day of the 60 day legislative session.

Charlotte’s Web refers to a non-euphoric strain of the cannabis plant. The Senate version, CS/CS/SB 1030, received overwhelming approval on April 28, 2014 (36-3).  Following certification in the Rules Committee Rep. Matt Gaetz, R-Fort Walton Beach, filed a House amendment to CS/CS/SB 1030, but Gaetz withdrew the amendment the next day, and another amendment by Matt Caldwell, R – Lehigh Acres, if ultimately approved, will add a “highly restrictive, anti-competitive” requirement to the bill according to Wohlsifer.

The Caldwell amendment requires that in order to qualify as a dispensing organization for the non-euphoric strain of cannabis, the applicant must demonstrate that it already possess a valid certificate of registration issued by the Department of Ag for the cultivation of more than 400,000 plants and that it has been continually operating as a registered nursery in Florida for at least the past 30 years.

“There is no rational basis for such an unprecedented requirement of three decades in the cultivation business to grow a simple grass. This is a blatant attempt to stifle free market competition in what is soon be the fastest growing industry in Florida,” Wohlsifer claims. “Crony capitalism is at work in the Sunshine State. The handful of nurseries that will be the only entities allowed to participate in growing this low-level THC strain of cannabis will be purposefully positioned with the first-mover advantage to corner the marijuana cultivation, processing and distribution markets when  Amendment 2 passes in November, which will mandate the growth of large assortment of cannabis sativa plants. Clearly, this bill, which was championed under the guise of helping the children, is a really a power-play at the market share for Florida’s future marijuana and industrial hemp businesses,” said Wohlsifer. There is no other logical explanation; surely, we do not need to demonstrate the ability to harvest two million plants to create an oil to drop under the tongues of 125,000 children.”

“Gaetz, along with Katie Edwards, D-Plantation, were the first to file a low-level THC bill in this year’s legislative session, HB 843, and with good intentions, Wohlsifer continued. The original bill was one-page long.” The metamorphosis of this legislation from compassionate use to big business is exactly the reason you need to elect a watchdog Attorney General in November. The same legislature that tabled four other real marijuana bills and falsely labeled this quasi-pharmaceutical bill a “marijuana bill” is composed of the same legislature that the voters will trust to implement the will of the voters when it comes time to create law to implement the rollout of Amendment 2.  As Attorney General, I will represent the will of the people when implementing Amendment 2, given that opportunity,” Wohlsifer concludes.

FLORIDA LIBERTARIAN PARTY CANDIDATE FOR ATTORNEY GENERAL BILL WOHLSIFER SAYS THANKS, BUT NO THANKS FOR MARIJUANA VOTE Read More »

Reaction to Army Corps of Engineers Ineptess

Billy's Blog, Environment /

The Army Corps of Engineers announced on Earth Day of all days that they would not be transmitting the recommendation for CEPP to be included into the Water Resource Bill known as WRDA.  This would have been the last hurdle to achieve funding for a number of projects that would help with Florida’s water infrastructure.  It was already developed, hashed out, and merely waiting the legs of bureaucracy to move.  As early as May 2013, many different interests voiced the need to move one piece of paper from one desk to another.  This would be the formal recommendation by Chief to Congress to include the project in WRDA.  ACOE of engineers local Commanding of Officer of the primary cause of problems the St. Lucie Locks had stated publically just a few days earlier that he would be supporting the inclusion of CEPP.  The Congressmen and state politicians that had repeatedly inquired were assured that CEPP would be transmitted.  For whatever reason, because the ACOE has not seen fit to provide an explanation as of yet, the transmittal did not and seemingly will not occur.

 

The power of purse strings providing arrogance combined with insulation that a bureaucratic arm of the Army enjoys has created modern tyranny in our state.  There is no other way to describe the blatant disregard for the collective will of the people.  I say collective will because it included several previously competing interests.  It included every level of government in the State of Florida.  It included voices from industry, agriculture, and environmental groups and it included a huge amount of individual citizens that directly through several efforts and campaigns asked for the transmittal of the recommendation.   All requests to spend and manage our money previously allocated were ignored outright.

 

Despite many assurances to the contrary the ACOE has effectively guaranteed that water infrastructure, at least the Federal Government’s committed portion will be put on hold until the WRDA bill is reintroduced in 2, 5, or 7 years.  This is the same people that inundate the estuaries every year because the infrastructure gives them no other alternative, or so they claim.  This is the same Federal agency charged with managing and protecting water resources.  This is the same Federal bureaucracy that uses something called the Water Transfer Rule to ignore the Endangered Species Act and Clean Water Act.  Why are we relying on a bureaucratic branch of the military to preside over our sovereign state and its resources?  For money?  For flood control?

 

We can do better.  We have to do better we can’t expect the Federal Government to protect us any longer.  In truth they have been killing us slowly for 80 years.  We must break away from our dependence on the federal dollars and support ourselves and manage our own water.  It is ours, collectively as a state, the only thing giving the ACOE any power is our invitation to control floods.  It’s time to revoke that invitation and its time to find a way to pay for our own improvements.   One way that could be accomplished is through the www.hemp4water.com  plan.  It’s time for you to step up and Run your Government or sit back and let it continue to Run YOU!

WSEjr

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Inmate Release of Clemency

Billy's Blog, Medical Marijuana /

IROC (Inmate Release of Clemency) Bill’s Plan to Restore Liberty through Clemency 

The clemency function is an act of mercy that absolves an individual from all or any part of the punishment that the law imposes. This is a power to grant full or conditional pardons, or commute punishment. There are rules for these lengthy procedures, with the primary power being vested in the Governor, but for the requirement of approval of two cabinet members. The Rules of Executive Clemency can be viewed online at: https://fpc.state.fl.us/PDFs/clemency_rules.pdf

If elected Attorney General, I will initiate a process to restore liberty through clemency. I refer to the process as “IROC”– Inmate Release of Clemency. It is an act of mercy to right the wrong that prior administrations have bestowed upon many peaceful Floridians now serving time in state prisons for perceived victimless offenses against society. In many instances it is the mere possession of marijuana that resulted in their incarceration. In many instances the percentage of black males incarcerated is highly disproportionate to the population of the communities from which they have been removed.

Clemency is governed by Article IV, Section 8, of the Florida Constitution.  Section 8(a), which provides as follows:

Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.

The Attorney General cannot deviate from the Constitution, but can affect the manner in which constitutional law is implemented through the Rules of Executive Clemency, pursuant to Rule 2 of the Rules of Executive Clemency, which provides in pertinent part:

These rules were created by mutual consent of the Clemency Board to assist persons in applying for clemency. However, nothing contained herein can or is intended to limit the authority or discretion given to the Clemency Board in the exercise of its constitutional prerogative.

With the influence of the Attorney General’s seat on the Clemency Board, if elected, I pledge to propose additional language to Rule 5 of the Rules of Executive Clemency, Eligibility, to-wit: a new paragraph to be known as Rule 5(F). The purpose of Rule 5(F) is to modify application of Rule 4, Clemency. Proposed Rule 5(F) will provide as follows:

5. Eligibility

. . .

(F) In instances where the Office of Clemency Investigations finds, to the satisfaction of the Clemency Board, that the applicant for clemency was convicted of possession marijuana, without the intent to sell, and is serving time for no other conviction, and the adjudication of said conviction did not include an act of violence nor any identifiable, known or suspected victim, and the charging document filed of record does not include possession of a firearm at the time of arrest, the governor’s approval and the approval of two members of the cabinet to grant such applicant a full or conditional pardon, restoration of civil rights, and to commute punishment shall be deemed to be given. The de facto approval referenced in this section does not require the Clemency Board to accept the findings of the Office of Clemency Investigations. Nothing in this section shall be deemed to constitute the governor or any other cabinet member’s approval to grant full or conditional refund or return of any fines paid or personal property confiscated and subjected to forfeiture in conjunction with the pardoned offense.

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Keep Government Regulations away from Electronic Cigarettes

Billy's Blog, Healthcare /

Electronic CigarettesRegulations are getting out of hand, as I’m sure more than a few of you have noticed at least two or three times in the last forty-five seconds or so. And I’m not just talking about E-cig regulations, but the entire regulatory environment of contemporary governments the world over. Somewhere along the way, someone must have looked at the world and said, “You know what this complex world of infinite possibilities and combinations of possibilities needs? A bunch of organizations composed of unelected officials with completely unchecked, limitless power to over-complicate this already overly-complex planet at an exponentially-increasing rate until the whole of humanity grinds to a screeching halt resulting from an inability to move an inch without violating multiple ordinances, directives, mandates, and caveats, thereby coming in direct conflict with a regulatory issue based on previous rulings by said regulatory issue’s governing agency.” In fact, I’m almost certain that is EXACTLY how the original statement was worded, to ensure compliance with preexisting vernacular regulations, of course.

 

Now, this is an electronic cigarette-related blog post, so I’m going to focus my attention here on the many proposed (and some already existing) regulations pertaining to the electronic cigarette industry. However, I’m going to do that via metaphor, and the metaphor I’ve chosen to employ is that of the Motion Picture Production Code (better known as the Hays Code) which was used in Hollywood as a pan-studio nationally-accepted guideline for the production of movies between the mid 1930s and the late 1960s:

 

Those of you who are adequately versed in the classic products of Hollywood of Yesteryear will immediately call to mind a series of favorite films released during the aforementioned time frame that are, at least by today’s loose standards, wholesome to the point of being tame. No profanity, no nudity, no extreme acts of violence (outside of a few cheesy Thompson submachine gun-related deaths in a handful of Cagney flicks), no blatant sexual innuendo or entendre, etc. We’ve been conditioned to think that this period of time was some sort of failure in terms of the grand American spirit of “free speech.” What many won’t understand about the Hays Code is this: it was NOT a system of government-sponsored regulations. It was NOT the “law of the land” by any stretch of the imagination. It was actually a privately-operated organization. Without going into too much detail, the Hays Office came about as an answer to an outcry put forth by a majority of the population, and it did a very thorough job of placating that outcry.

 

So what happened in the late ’60s? The Hays Office disintegrated into an acid bath of artistic expression. Enter the Motion Picture Association of America, heralded by the blessing of the Federal Communications Commission. At this point, the MPAA and the FCC undertook to over-complicate the film industry in the name of protecting civil, artistic, and free speech rights. Fast-forward a few decades and it is now quite literally impossible for parents (I speak as an authority in this treacherous arena) to protect children from knowing and watching and learning about every depraved lustful, gluttonous, greedy, violent, and otherwise licentious act of debasement known to mankind. So, what began with an oath to protect is now almost the diametric opposite of protection. The involvement of the government created more loop-holes in thousands of volumes of legalese for the passage of questionable or downright immoral entertainment than was ever allowed to grace the silver screen when the regulation was left up to the people, NOT the government.

 

So, how does this relate to the E-cig industry? A more accurate question would be, “How DOESN”T it?” Right now we are in the “Classic Hollywood” era of electronic cigarettes. We have our own Hays Offices, bearing the nomenclature AEMSA (American E-Liquid Manufacturing Standards Association) and CASAA (Consumer Advocates for Smoke-free Alternatives Association). These are just two examples of the E-cigarette industry policing the E-cigarette industry, without government interference. As it stands, and with only ourselves to govern ourselves (that concept seems familiar somehow, historically speaking) there exist sensible and effective regulatory measures used by E-cigarette and E-liquid manufacturers to produce safe and efficient products. In fact, believe it or not, these standards are written with safety and efficiency in mind and they do not fall short of these goals, as has been demonstrated time and time again by honest scientific attempts to study electronic cigarette technology and the effects of that technology on human health.

 

What we have to ask ourselves now is this; Do we want to reach the MPAA/FCC phase of E-cigarette regulation? Bear in mind that it wasn’t until the government involved itself with the cigarette (tobacco cigarettes, not electronic cigarettes) industry that chemicals such as formaldehyde, arsenic, etc. were put into cigarette tobacco in an effort to “regulate the consistency of the product by ‘reconstituting’ the tobacco.” Before that, tobacco was just a leaf that people burned and inhaled. If they chose to burn and inhale too much, they chose to accept the health consequences. Today, “tobacco” is actually a machine-pressed piece of paper made up of dangerous, poisonous… in some cases EXTREMELY poisonous chemicals, and a few bits of ground-up, highly-processed tobacco plant material. What will become of electronic cigarettes once the government unleashes its regulatory voodoo on what currently stands as a successfully self-governed, praiseworthy industry bent on greatly reducing the harm experienced by those of us who have chosen to maintain nicotine addictions? Big Tobacco is currently lobbying the FDA to include requirements in their E-cig regulations concerning the “regulation of product consistency.” A few years from now, all of our E-cigarettes might contain, as required by law, deadly chemicals like formaldehyde and arsenic.

 

We’ve seen what happens when the government dips their regulatory fingers into the entertainment industry; their so-called attempts to “protect” have resulted in my inability to keep my children from exposure to absolutely everything bad for them. Protection of the populace eventually resulted in protection from free-speech lawsuits. However, when the government wasn’t involved it was up to the people to protect themselves and they came up with a system that, while arguably a bit strict, worked perfectly well without government interference. And those who wanted to see a little more sin in their entertainment went to pulp/grind houses instead. Neither Hays-complient nor non-Hays-complient entertainment were illegal or regulated out of existence. They were just naturally separated by the will of the people themselves. Let’s not make the mistake of thinking, “Well, government regulation of the E-cigarette industry will take on a different and more efficient form.” Everything that the government touches seems to not only NOT work, but to result in the exact opposite of its intended goals. Once this big government mentality invades electronic cigarette technology, E-cigs will cease to be harm-reducing alternatives to tobacco-smoking. They will no longer be composed of three or four simple, non-toxic ingredients. They will suddenly be stuffed full of chemicals and “preservatives” that only a scholar of dead languages will be able to pronounce correctly, and they will almost certainly start killing people just as effectively as their plant-based cousins.

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Are Floridians getting a RAW deal with RAW MILK?

Billy's Blog, General Commentary /

milkFlorida law states that…502.091 MILK AND MILK PRODUCTS WHICH MAY BE SOLD. (1) Only Grade A pasteurized milk and milk products or certified pasteurized milk shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments.

With all the hype and buzz of the Medical Marijuana amendment this November there is more mundane restriction on personal liberty that I’d like to see removed and that is the raw milk prohibition.  Florida residents can purchase raw milk as “pet food” and can’t talk about how they purchase raw milk for their own consumption.  Milk has been consumed for hundreds if not thousands of years in its raw form and has numerous health benefits yet somehow not long ago the public was told that without pasteurization dairy products were “unsafe” and were forced to purchase cooked milk.  All the while we are “allowed” to consume raw oysters and totally free to consume other harmful substances that don’t need to be listed.

We have the right to purchase milk whether or not it is pasteurized or not and should have that right without having to circumvent a law.  The law that makes it harder for the consumer and sovereign citizens to exercise their liberty needs modification.

~Matthew Battista

Brevard County

 

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Everyone Deserves Equality And Freedom

Billy's Blog, General Commentary, LGBTQ Rights /

In 1964, the Civil Rights Act was passed. This set of laws came about to secure the equality and freedom of Americans regardless of the color of their skin. It came to be only after we, as a country, endured revolutionary activism in the name of this cause. It came after knowing the horrors of oppression and discrimination for hundreds of years. We knew that segregation was wrong, and we changed our society for the better.

Today, America faces a new Civil Rights movement. Ever since the Supreme Court ruled Section 8 of the Defense Of Marriage Act unconstitutional, States across the nation have been moving forward in securing equal rights for LGBT people, particularly in terms of Marriage Law. This is on the heels of repealing Don’t Ask Don’t Tell policy in the military, allowing our LGBT men and women at arms to continue serving our country openly and without discrimination. These are glorious achievements, laying the foundation for a brighter and more progressive future in America.

But we mustn’t forget the hardships we have faced as a nation to achieve this, anymore than we should forget the tragedy of slavery and racism. Many Americans, most of them very young, have been living in the shadow of fear and violence from those who consider them lesser. Hate crimes include bullying, murder, harassment, slurs, physical violence, abuse, and a host of other disgusting activities. Countless victims of anti-gay hate crimes have committed suicide. This brutality has to end.

It should come as no surprise that I am Bisexual, and Intersex. My genetic condition renders me biologically neither really male nor female, though I am legally considered male. I reject the gender-binary system, and personally advocate for a non-binary option for legal purposes, such as the one that Germany has. Furthermore, I am Polyamorous, and I feel that to tell consenting adults who they can or cannot marry is a breach of individual rights and freedoms. There can be no freedom until we are equal.

At the college I attend, some Transgender friends of mine and their allies in the Queer-Straight Alliance on campus have been the latest local victims of hate violence against LGBT people. They have had their event flyers torn down and destroyed. They have been called mean and hateful slurs. They have been cornered and threatened. And they have been bullied out of even using bathrooms. Much of this behavior by the bullies is against our school’s policies, and yet nothing has been done about it. Some of it isn’t against policy, but the Student Government’s current administration has made promises to bring these issues to the table and has yet to follow up on those promises. Still, some issues concerning equal rights and protections have not been addressed at our school.

I often hear of how anti-gay the Republican party is, and how pro-gay the Democratic party is, but in my experience, there has been much talk and little action on the part of the Democrats, and little talk and much action on the part of the Republicans. One party says they are in favor of LGBT rights but does not do much to benefit us. The other party promises economic prosperity for everyone but instead tramples on LGBT rights. Neither major party can be trusted to help us be free and equal.

The Libertarian party not only supports the equal rights of LGBT Americans; they also take action to bring us equal rights. The Libertarians have proven, time and again, that they are honest, trustworthy, and believe in Liberty and Justice FOR ALL!

And that is the American way.

By Zachery Hall

“Reprinted with permission by Zachery Hall, Copyright Zachery Hall 2014. Paid for by Bill Wohlsifer for Florida Attorney General, Licensed for use on Wohlsifer4ag.com under Creative Commons and exclusive commercial use, BY-SA (Attribution-ShareAlike). All other users under CC BY-NC (Attribution-NonCommercial)”

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Industrial Hemp

Billy's Blog, General Commentary, Industrial Hemp /

PDF Version

Although hemp is a variety of the genus Cannabis, the same plant species as marijuana, hemp is genetically different and distinguished by its use and chemical makeup. Hemp has long been cultivated for non-drug use in the production of industrial and personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, including fabrics and textiles, yarns and raw or processed spun fibers, paper, carpeting, home furnishings, construction and insulation materials, auto parts, and composites. One of the more interesting uses is in phytoremediation, to cleanse contaminated and radiated soil, air and water. It is being used to clear contaminants at the Chernobyl nuclear disaster site. https://www.mhhe.com/biosci/pae/botany/botany_map/articles/article_10.html Hemp is effective as weed control to avoid use of herbicides. As a food product, it contains numerous essential fatty acids.

The inclusion of hemp with marijuana under the definition of Cannabis is based upon reliance on outdated norms, without any reasonable distinction between the THC levels in the different species of Cannabis plants and without distinction between the psychoactive and medicinal uses of marijuana and the agricultural and industrial applications of hemp.

On August 29, 2013, the United States Department of Justice updated its federal marijuana enforcement policy in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy, and upon Florida’s imposition of strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in Florida.

The requisite regulatory guidelines are available for our legislature’s use, as Bill Wohlsifer, voluntarily and without pay, drafted such regulatory guidelines in 2013 for use by any Florida legislator that will take it up. In all, Bill drafted two proposed industrial hemp bills https://infringement-attorney.com/industrial-hemp-reclassification/ and https://infringement-attorney.com/hemp-agricultural-crop/ and one proposed industrial hemp resolution https://infringement-attorney.com/industrial-hemp-production-bill-resolution-congress/ for use in the 2014 legislative session. At present, no Florida legislator is moving on this great opportunity. Please contact your representatives and introduce this initiative to them.

Industrial hemp is legally produced by at least 30 countries in the world, including China, Russia, Korea, and our neighbors, Canada and Mexico.  It defies logic to allow the import of hemp and hemp byproducts from Canada and Mexico to be used in the production and sale of goods in the U.S., while not allowing hemp to be grown domestically. Normalizing industrial hemp cultivation would generate tax revenue, revitalize vacant farmlands, add to the sale of farming machinery and agribusiness supplies, and create jobs in Florida.

The Legislative Review Committee of the Libertarian Party of Florida is currently seeking representative sponsors to file the proposed legislation.

Paid political advertisement by Committee to Elect Bill Wohlsifer, 1100 East Park Ave Ste B, Tallahassee FL 32301. Approved in advance by Bill Wohlsifer.

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The Industrial Hemp Reclassification Act Proposal

Billy's Blog, Industrial Hemp /

Bill Wohlsifer drafted the two proposed industrial hemp bills and a proposed industrial hemp resolution with the intent that these drafts would find legislative sponsorship in the 2014 legislative session. The three drafts work together or each can implement new law standing alone. Please read and comment on these draft proposals. If one or more meet your approval, please ask your State Representatives and State Senators to consider filing these drafts or language of similar import in the upcoming 2014 legislative session.

This proposed draft bill defines Cannabis with a THC level of not greater than 3/10 of 1% as industrial hemp; clarifies that hemp is not marijuana; provides a definition for marijuana (yes, our statutes do not contain one); and provides an affirmative defense for growers of industrial hemp against prosecution for marijuana cultivation.

This proposed bill is an unsponsored draft prepared by William R. Wohlsifer, Esq., Region 3 Representative for the Libertarian Party of Florida. This draft has not been approved by or endorsed by any committee or party as of the date of last revision shown below.

Last revised on October 10, 2013.

William R. Wohlsifer, Esq. – William R. Wohlsifer, PA
1100 East Park Ave, Ste B – Tallahassee, FL 32301
Tel: (850) 219-8888 – Fax: (866) 829-8174
[email protected] – www.infringement-attorney.com
Chapter 2014 – ____________
House Bill No. _____________

A bill to be entitled:

THE INDUSTRIAL HEMP RECLASSIFICATION ACT

An act relating to controlled substances; amending 893.02 F.S. to create a definition for “Hemp,” amending the definition of “Cannabis,” and creating a definition for “Marijuana;” amending 893.03 F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act, Standards and Schedules, to exclude hemp from the definition of Cannabis; to remove low level delta-9 Tetrahydrocannabinol from Schedule I controlled substance designation; and providing an effective date. Industrial hemp that has no more than 0.3% Tetrahydrocannabinol is considered an agricultural crop in this state and is herewith removed from its prior classification as a controlled substance under s. 893.03(1)(c).

Be It Enacted by the Legislature of the State of Florida:

CHAPTER 893 DRUG AB– USE PREVENTION AND CONTROL

Section 1. Section 893.01, Florida Statutes, is unchanged. 893.01 Short title.—This chapter shall be cited and known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”

Section 2. Section 893.011, Florida Statutes, is created to read:
CODING: Words stricken are deletions; words underlined are additions.

Page 2 of 5

893.011 Legislative findings and intent.—

(1) The Legislature finds that although hemp is a variety of the genus Cannabis, the same plant species as marijuana, hemp is genetically different and distinguished by its use and chemical makeup. Hemp has long been cultivated for non-drug use in the production of industrial and personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, including fabrics and textiles, yarns and raw or processed spun fibers, paper, carpeting, home furnishings, construction and insulation materials, auto parts, and composites.

(2) The Legislature finds that the inclusion of hemp with marijuana under the definition of Cannabis is based upon reliance on outdated norms, without any reasonable distinction between the delta-9 Tetrahydrocannabinol levels in the different species of Cannabis plants and without distinction between the psychoactive and medicinal uses of marijuana and the agricultural and industrial applications of hemp.

(3) The Legislature finds that on August 29, 2013, the United States Department of Justice issued a memorandum updating its federal marijuana enforcement policy, in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy, and after this state’s imposition of strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in this state, despite the categorical scheduling of hemp as an illegal drug under the federal Controlled Substances Act. (4) Reclassification of industrial hemp is expected to generate agribusiness activity that will lead to new innovations, products, businesses and jobs throughout the state. This economic impact can be accomplished using this state’s existing infrastructure without the need for new appropriations.

Section 3. Section 893.02, Florida Statutes, is amended as follows: 893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal.

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(2) “Analog” or “chemical analog” means a structural derivative of a parent compound that is a controlled substance. (3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin with a delta-9 Tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

. . .

(11) “Hemp” means a variety of the Cannabis sativa plant that is primarily grown as an agricultural crop (such as seeds, leaves and fiber, and byproducts such as oil, seed cake, hurds) and is characterized by plants that are low in THC (delta-9 Tetrahydrocannabinol). THC is the primary psychoactive chemical in marijuana. Hemp is of the same plant species as marijuana, but is genetically different and distinguished by its chemical makeup. Hemp plants have a THC concentration level of not more than 0.3 percent on a dry weight basis.

. . .

(17) “Marijuana” means a pistillate hemp plant whose scientific name is Cannabis sativa. Although the plant contains hundreds of compounds, its dried leaves and flowering tops yield the pharmacologically active ingredient Tetrahydrocannabinol (THC) that can be ingested, vaporized, smoked, sprayed, applied topically, or manufactured as a component ingredient in food, drink, pill or hemp oil form, or to produce an intoxicating or physiological healing effect.

. . .

Section 4. Section 893.03, Florida Statutes, is amended to modify 893.03(1)(c)7. and 893.03(1)(c)37. as follows:

893.03 Standards and schedules.—The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, or trade name designated. The provisions

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Page 4 of 5

of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled “Excluded Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt Anabolic Steroid Products.”

(1) SCHEDULE I.—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 in its use under medical supervision does not meet accepted safety standards. The following substances are controlled in Schedule I:

. . .

(c) Unless specifically excepted, or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, and salts of isomers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

. . .

  1. Cannabis, except any part of plant, whether growing or not, with a delta-9 Tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

. . .

  1. Tetrahydrocannabinols, except when present in any part of plant, whether growing or not, with a delta-9 Tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Section 5. This act shall take effect upon becoming a law.

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The Industrial Hemp Reclassification Act Proposal Read More »

Industrial Hemp as an Agricultural Crop Resolution Proposal

Billy's Blog, Industrial Hemp /

Bill Wohlsifer drafted the two proposed industrial hemp bills and a proposed industrial hemp resolution with the intent that these drafts would find legislative sponsorship in the 2014 legislative session. The three drafts work together or each can implement new law standing alone. Please read and comment on these draft proposals. If one or more meet your approval, please ask your State Representatives and State Senators to consider filing these drafts or language of similar import in the upcoming 2014 legislative session.

This proposed draft bill creates chapter 575, a comprehensive plan to initiate industrial hemp growth in Florida, without awaiting change in the Controlled Substances Act, but with respect for federal limitations. The governing authority is assigned to the Florida Department of Agriculture and Consumer Services. The draft can made more appealing to a larger pool of voters (but significantly delay its impact) by adding a provision that delays the effective date until after hemp cultivation becomes legal under federal law. This is what several states have done. Another alternative is to draft the bill so that it only permits university testing of hemp cultivation’s viability and to forecast its economic impact. Several states have done this also.

This proposed bill is an unsponsored draft prepared by William R. Wohlsifer, Esq., Region 3 Representative for the Libertarian Party of Florida. This draft has not been approved by or endorsed by any committee or party as of the date of last revision shown below.

Last revised on October 10, 2013.

William R. Wohlsifer, Esq. – William R. Wohlsifer, PA
1100 East Park Ave, Ste B – Tallahassee, FL 32301
Tel: (850) 219-8888 – Fax: (866) 829-8174
[email protected] – www.infringement-attorney.com
Chapter 2014 – ____________
House Bill No. _____________

A bill to be entitled

INDUSTRIAL HEMP AS AN AGRICULTURAL CROP

An act to allow a person who holds a license issued by the Commissioner of Agriculture to grow industrial hemp for commercial purposes. Upon meeting the licensure requirements, an individual in this state may plant, grow, harvest, possess, process, or sell industrial hemp if the hemp does not contain more than 0.3% delta-9 Tetrahydrocannabinol. Industrial hemp shall be subject to testing during its growth. A criminal history record check must be completed on an applicant for licensure, but a prior criminal conviction shall not render a person ineligible for licensure. Creates license exemption for employees of the State University System of Florida that are actively involved in research and related activities and allows for license exemption for non-state university employees to facilitate market research, evaluation, and recommendations to the legislature.

Be It Enacted by the Legislature of the State of Florida:

CHAPTER 575

INDUSTRIAL HEMP AS AN AGRICULTURAL CROP

Section 1. Section 575.01, Florida Statutes, is created to read:

575.01 Legislative findings and intent.—

(1) The Legislature finds that although hemp is a variety of the genus Cannabis, the same plant species as marijuana, hemp is genetically different and distinguished by its use and chemical makeup. Hemp has long been cultivated for non-drug use in the production of industrial and CODING: Words stricken are deletions; words underlined are additions.

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Personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, that will have long-term economic benefits to both the farmers who grow hemp and the persons who utilize hemp in the production of yarns and raw or processed spun fibers, twine, rope, fabrics, textiles, paper products, animal bedding, automobile parts, plastics, cosmetics, food, nutritional supplements, body care products, fuels such as biodiesel, ethanol, and butanol, building materials including plywood, concrete, composites, roofing and insulation, carpeting, home furnishings, auto parts, and consumable foods.

(2) The Legislature finds that the inclusion of hemp with marijuana under the definition of Cannabis is based upon reliance on outdated norms, without any reasonable distinction between the delta-9 Tetrahydrocannabinol levels in the different species of Cannabis plants and without distinction between the psychoactive and medicinal uses of marijuana and the agricultural and industrial applications of hemp.

(3) The Legislature finds that on August 29, 2013, the United States Department of Justice issued a memorandum updating its federal marijuana enforcement policy in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy and this state’s ability to impose strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in this state, despite the categorical scheduling of hemp as an illegal drug under the federal Controlled Substances Act.

(4) The economic impact of this act is expected to generate agribusiness activity that will lead to new innovations, products, businesses and jobs throughout the state. This economic impact can be accomplished using this state’s existing infrastructure without the need for new appropriations.

Section 2. Section 575.02, Florida Statutes, is created to read:

575.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(1) “Agribusiness” means nonconsumable products used in the producing, processing, distribution, and marketing of consumable farm products, including, but not limited to, machinery, equipment, and supplies. CODING: Words stricken are deletions; words underlined are additions. Page 3 of 8

(2) “Agricultural crop” means plants useful to humans, including to a variable extent the preparation of products made from such plants.

(3) “Cannabis” means all parts of any plant of the genus Cannabis sativa, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin with a delta-9 Tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

(4) “Commissioner” means the Commissioner of Agriculture.

(5) “Department” means the Department of Agriculture and Consumer Services.

(6) “Hemp” means a variety of the Cannabis sativa plant that is primarily grown as an agricultural crop (such as seeds and fiber, and byproducts such as oil, seed cake, hurds) and is characterized by plants that are low in THC (delta-9 Tetrahydrocannabinol). THC is the primary psychoactive chemical in marijuana. Hemp is of the same plant species as marijuana, but is genetically different and distinguished by its chemical makeup. Hemp plants have a THC concentration level of not more than 0.3 % on a dry weight basis.

(7) “Industrial hemp” means all parts and varieties of a cannabis plant containing no greater than 0.3% delta-9 Tetrahydrocannabinol on a dry weight basis that is grown in this state for commercial purposes.

(8) “Marijuana” means a pistillate hemp plant whose scientific name is Cannabis sativa. Although the plant contains hundreds of compounds, its dried leaves and flowering tops yield the pharmacologically active ingredient delta-9 Tetrahydrocannabinol (THC) that can be ingested, vaporized, smoked, sprayed, applied topically, or manufactured as a component ingredient in food, drink, pill or hemp oil form, to produce an intoxicating or physiological healing effect.

Section 3. Section 575.03, Florida Statutes, is created to read:

575.03 Industrial hemp growing permitted.—Notwithstanding any other provision of law, a person may plant, grow, harvest, possess, process, or sell industrial hemp for commercial purposes if that person holds a license issued pursuant to s. 575.04.

Section 4. Section 575.04, Florida Statutes, is created to read:

575.04 Application for license.— CODING: Words stricken are deletions; words underlined are additions.

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(1) A person desiring to grow industrial hemp for commercial purposes shall apply to the commissioner for a license on a form prescribed by the commissioner.

(2) Each application for a license required by the provisions of this chapter shall be filed in writing with the department.

(3) The application for a license must include the legal description of the land area to be used for the production of industrial hemp.

(4) Each application shall require, as a minimum, the full name, date of birth, place of birth, physical description of the applicant, residence address and telephone number, and business address and telephone number of the applicant. Each application shall be accompanied by an accurate and current photograph of the applicant and a complete set of fingerprints of the applicant taken by an authorized law enforcement officer; however, a set of fingerprints shall not be required if the applicant has possessed a valid Florida license under this chapter during the prior license year if such Florida license has not lapsed or been suspended or revoked. If fingerprints are required, the set of fingerprints shall be submitted to the department for state processing. Each application shall be in such form as to provide the data and other information set forth therein, shall be sworn to by the applicant or, if the applicant is a corporation, a limited liability company or a partnership, shall be sworn to by each director, member or partner. The directors, members or partners applying on behalf of a same shall provide all their personal data and other information required.

(5) The department may require an applicant to furnish such other information or data not required by this section if the information or data is deemed necessary by the department.

(6) It is unlawful for any person to knowingly withhold information or present to the department any false, fictitious, or misrepresented application, identification, document, information, or data intended to or likely to deceive the department in connection with a license.

(7) Nothing in this section should be construed to exclude electronic filing.

Section 5. Section 575.05, Florida Statutes, is created to read:

575.05 Industrial hemp licensing exemptions.—

(1) The provisions of this section do not apply to employees of the State University System of Florida that are actively involved in research and related activities. CODING: Words stricken are deletions; words underlined are additions.

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(2) The department may, in its own discretion, issue letters of exemption outside of the State University System of Florida for the lawful growth, cultivation, and processing of industrial hemp under this section to facilitate market research, evaluation, and recommendations to the legislature for the purpose of furthering the intent of this chapter.

(3) The department may adopt reasonable rules regulating persons engaged in the lawful teaching, researching, or testing of industrial hemp and hemp products.

Section 6. Section 575.06, Florida Statutes, is created to read:

575.06 License to be displayed.—

(1) Each person to whom a license is issued under this chapter shall keep such license conspicuously displayed in his or her office, place of business, or place of employment and, whenever required, shall exhibit such license to any member or authorized representative of the department.

(2) A licensed industrial hemp agricultural business may use the words or terms, “hemp,” “industrial hemp,” or “agricultural hemp” or any combination thereof in connection with the licensee’s name or place of business to denote licensure under this chapter.

(3) Licenses issued by the department shall be valid beginning on October 1 of the year for which they are issued and shall expire on the following September 30.

(4) Each licensee shall renew his, her or its license annually, prior to its expiration date. If a renewal application and fee are not filed by the expiration date of any year, the license may be reinstated only upon payment of a delinquent fee that shall not exceed $750, plus the required renewal fees, within 30 days after the date of expiration. If any person who is subject to the requirements of this chapter fails to comply with the renewal, the department shall have the authority to seize the expired licensee’s raw or processed industrial hemp and dispose of same in any manner deemed appropriate by the department as of November 1 of the year the license expires. Any funds collected from the disposal of raw or processed industrial hemp under this section shall be deposited in the Florida Agricultural Promotional Campaign Trust Fund. Nothing in this section shall be deemed to prevent an expired licensee from re-applying for a license. CODING: Words stricken are deletions; words underlined are additions.

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(5) If the department fails to issue a response to a valid license application submitted pursuant to this chapter within 60 days of its submission, the license shall be deemed issued and a copy of the license application shall be deemed as valid as a department issued license.

Section 7. Section 575.07, Florida Statutes, is created to read:

575.07 Rulemaking; fees.—

(1) No later than 90 days after the effective date of this act, the department shall promulgate rules that strictly regulate the industrial hemp industry in this state, including but are not limited to rules that govern:

(a) Testing of hemp crop by the department during growth for delta-9-Tetrahydrocannabinol levels.

(b) Supervision of the growth and harvest of the industrial hemp.

(c) Requirement that all licensees shall file with the department documentation indicating that the seeds planted by licensee were of a type and variety of hemp certified to have a concentration of no more than 0.3% delta-9-Tetrahydrocannabinol.

(d) Requirement that all licensees shall file with the department copies of any contract to grow industrial hemp.

(e) Requirement that all licensees shall maintain records of the sale or distribution of industrial hemp grown by the licensee and the dates, names of the persons to whom the industrial hemp was sold or distributed.

(f) Requirement that all licensees shall comply with all reporting requirements consistent with this chapter.

(g) Any other reasonable rules or procedures that demonstrates to the United States Department of Justice this state’s ability to self-regulate hemp cultivation in this state.

(2) To provide sufficient funds to pay costs associated the department’s monitoring and testing of industrial hemp growth, the department shall assess fees that include but are not limited to:

(a) An annual per applicant license fee to grow industrial hemp shall be set by the department, subject to change annually; the license fee for the first effective year of this act shall be $1,100. CODING: Words stricken are deletions; words underlined are additions.

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(b) An annual per applicant fee of $25 per acre, in addition to the annual license fee. The minimum annual acreage fee assessed shall be $150 per applicant, subject to change annually by the department.

(c) Fees that are commensurate with the costs of the department’s activities in licensing, testing, and supervising industrial hemp production.

Section 8. Section 575.08, Florida Statutes, is created to read:

575.08 Disposition of fees.—Other than the funds collected from the disposal of raw or processed industrial hemp under section 6, any fees collected pursuant to this chapter shall be applied first toward the cost of administering this act.

Section 9. Section 575.09, Florida Statutes, is created to read:

575.09 Affirmative defense for possession or cultivation of marijuana.—

(1) It is an affirmative defense to a prosecution for the possession or cultivation of marijuana under s. 893.13(1)(a)1, s. 893.13(1)(a)2, s. 893.13(1)(c)2, s. 893.13(1)(e)2 or s. 893.13(6)(a) and an affirmative defense to a prosecution for the possession of equipment that meets the definition provided in s. 893.145(7)(a)1, that:

(a) The defendant was growing industrial hemp pursuant to this chapter;

(b) The defendant had valid applicable controlled substances registrations from the United States Department of Justice, Drug Enforcement Administration; or

(c) The defendant fully complied with all of the conditions of controlled substances registration.

(2) This section is not an affirmative defense to a charge of criminal sale or distribution of marijuana.

Section 10. Section 575.10, Florida Statutes, is created to read:

575.10 Severability.—If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or application of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. CODING: Words stricken are deletions; words underlined are additions.

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Section 11. Section 575.11, Florida Statutes, is created to read:

575.11 Request for federal change or waiver.—

(1) The department shall send, if approved, a copy of this assembly’s Resolution Concerning the Recognition of Industrial Hemp as an Agricultural Commodity, along with a request to the Florida congressional delegation and to the director of the United States Department of Justice, Drug Enforcement Administration, for a change in federal law or a waiver that will allow persons in this state to grow industrial hemp as an agricultural crop for commercial purposes without federal preemption.

(2) Nothing in this section, nor the categorical scheduling of hemp as an illegal drug under the Controlled Substances Act, 21 U.S.C. § 801, shall be deemed to prohibit or prevent this state from implementing the provisions of this chapter.

Section 12. This act shall take effect upon becoming a law.

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