Recognizing the possession or use of marijuana remains illegal under state and federal law and is punishable under the federal Controlled Substance Act (CSA), the majority of the Leon County Commission voted 4-3 against moving forward with a marijuana decriminalization ordinance.
The staff recommended that the Board accept the report on alternatives to incarceration for the possession of small amounts of marijuana and take no further action.
The agenda item provided to the Board indicated that marijuana is a Schedule I substance under the CSA, meaning that it has been classified as having a high potential for abuse, has no currently accepted medical use, and lacks safety for use under medical supervision.
Although some states, including Florida, have allowed the use of marijuana for medicinal purposes, the U.S. Food and Drug Administration is authorized to approve drugs for medicinal use and has concluded that marijuana has no federally approved use for medical treatment. Regardless of state laws, Article VI of the United States Constitution provides that federal law pre-empts state law, even when those laws conflict.
However, Commissioners Bill Proctor, Christian Caban, & David O’Keefe made emotional pleas to move forward with an ordinance decriminalizing the use and possession of small amounts of marijuana.
Commissioner Brain Welch noted that information provided by the state attorney indicated that no one was currently incarcerated in Leon County due to marijuana possession.
In addition, Welch and other commissioners noted that the diversion programs in place and the discretion afforded local law enforcement officials were working to limit the impact on those in violation of current laws..
In the end, Commissioners Nick Maddox, Carolyn Cummings, Brian Welch, and Rick Minor voted against any ordinance due to federal and state laws related the marijuana.
Leon County Commission Votes 4-3 Against Marijuana Decriminalization added by Steve Stewart on
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@David T. Hawkins. — No. That’s not true. I have been both a medical cannabis patient and an adult consumer. It’s all the same cannabis. A medical consumer may chose some different varietals (strains), but then, so does everyone. It’s all there in the same store consumed by both adult and medical consumers – in the 21 legal states, of course.
@ John Thomas = There is Marijuana and then there is Medical Marijuana, Two totally different Plants. The Medical Marijuana is not the Recreational Marijuana.
Wow. – Policy based on false propaganda and lies! – And they completely ignore that cannabis is primarily a recreational drug, so it doesn’t need to comply with any medical regulations – just like VASTLY more harmful alcohol and tobacco don’t have to comply!
They also ignore that 21 states and D.C. have already COMPLETELY ended the FRAUDULENTLY enacted cannabis prohibition.
GET REAL or get shown the street!
Soon Cannabis will be legal for everyone in Flakey Florida , & what these Misguided individuals say is irrelevant. Did you know that Florida is the ONLY State out of ALL the Legal Medical States where a citizen is NOT ALLOWED to grow there own Cannabis , in FLORIDA !!! FLAKEY FLORIDA.
Folks just don`t understand you can buy from a store and collect tax or let street sales continue with no tax collected? Have not stopped street sales in decades and substances are increasing.
“Emotional pleas”… more than a dozen other local govs in FL have already done this.
Low hanging fruit that Rs and NPAs fully support at this point. Dumb move by the 4 overly controlled by staff and the cops/lawyers
You read this, right?
“Commissioner Brain Welch noted that information provided by the state attorney indicated that no one was currently incarcerated in Leon County due to marijuana possession. “
All commissioners who vote against this better hope they don’t get pulled over anytime soon.
@ David, that’s why I capitalized all of the word BEFORE!
Read it again and this time keep in mind Elon was ALREADY successful when he got stoned.
@Sue,
If you have a medical need for weed, you can get state permission to possess it legally. If you do not have a medical need you have no business possessing more than 20 grams of dope. That is a lot of dope and a felony. Simple.
@ Deep Six = I guess there are always exceptions to the rule. Elon Musk Smokes it. He even smoked it on a Pod Cast a few Years back.
@ Sue = I would have to say that they know they don’t have any Jurisdiction on this so why waste their time arguing over it. What the Commissioners can do is, tell the Deputies not to arrest anyone that only has a small amount for personal use and make them dump it out on the side of the road
I would like to understand the why : why did (4) of county commissioners vote against decriminalizing small amounts of Marijuana. If I was stopped by police and had small amount of Marijuana in my possession, I would like to know that that possession was “decriminalized” at least in my home area. I prefer that to depending on each police officer, sheriff’s deputy, etc to be making singular decisions about my possession or use without the backup of the commission. It would give me a bit of peace of mind .
For the record, I have never in all my years and opportunities used
Marijuana in any form. I do know people whose lives are made much improved by its use in preventing pain and seizures. And, people who have moved their homes to different states in order to have legal access to Marijuana to give their child a significantly improved life.
I know lots of successful people who smoke reefer, however, none of them smoked BEFORE they became successful. I think the way we deal with it now is probably a good compromise.
If your child starts smoking pot before they taste success, chances are they will never know what it tastes like.
“Maybe this is what Vince Long, Reese Goad and Jack Campbell talked about in New York City.””
All “busted” by Jack Porter!
Since the Fed. Government is the one that has to Pass the Law, what YOU, the Commissioners, can do is, Not arrest anyone that only has a small amount for personal use. Make them dump it out on the side of the road, that will hurt them more then you know. Tell them if they must smoke it, to leave it at home and smoke it there.
The U.S. Food and Drug Administration is authorized to approve drugs for medicinal use and has concluded that marijuana has no federally approved use for medical treatment.
I thought the Approval comes from the FDA and the Feds will either allow it or not by going on YOUR Recommendations. So, what have you been doing all these Years?
Although I do believe marijuana does have value for medicinal use, and I don’t have a particular issue with the decriminalization for possession of small amounts for personal use… Snidely is spot-on here.
Like it or not, the reality is as the article notes: “ Article VI of the United States Constitution provides that federal law pre-empts state law, even when those laws conflict.“
The fight is with Congress and the States, not local governments. The vote to avoid putting the County in conflict with state and federal law was the right move.
Leon/Tallahassee commissioners need to stay in their own lanes. You want weed laws changed? You talk to your Federal/State elected officials.
Hey heres an idea. Do one of those Commission feel good, appease your voters, but do nothing, “resolutions” then forward it to our Federal/State elected officials. Make a “Big Show” of it. Signing it on video in front of a bunch of local party weed heads, passing out the pens you sign with. Inviting JT Burnett’s lovely wife Kim Rivers of Trulive to the signing ceremony…their now you get it!!!
The local typical Leon/Tally gulliable lefty voter will see you as both virturous and caring!!!!
Honestly you commissioners will get more voter love and support if you stay in your own lane as I described above. And at the end of the day that is all you commissiomers care about. Right?
Maybe this is what Vince Long, Reese Goad and Jack Campbell talked about in New York City.
Bad politics, bad policy. If they wanted lawyers to make all their decisions for them, why did they run for office?