Protecting the People Amidst Times of Change
On September 19, 2019, I attended a Leon County Commission meeting in Florida’s Capital City of Tallahassee. The topics of discussion: “An Overview of pre and post arrest for possession of less than 20 grams of Cannabis” and an “An Overview of all legal issues relating to the use of Medical Cannabis”.
With the “patchwork” of cannabis procedures under development across the state, local municipalities vary greatly on how to address cannabis related charges from county to county.
A few of the Commissioners expressed concern that not all Floridian’s are receiving “equal treatment” for “equal offenses” and proposed that Leon County join with other counties who have adopted “civil citations” for cannabis possession as opposed to continuing to allow for cannabis related arrests in cases where less than 20 grams of cannabis is involved.
One of the commissioners proposed an end to “selective enforcement” practices, ensuring all citizens of our state are treated fairly and equally. This proposition was met with opposition by the County Attorney who stated the county does not have legal authority to do this.
After mindful deliberation, I decided to offer a few points for consideration.
My Testimony:
“As recently as 5 years ago, everyone who consumed cannabis was a “criminal” under Florida law. In 2014, Florida passed “An Act Relating to Medical Cannabis”, this law has evolved over the past 5 years and to date, over 300,000 Floridians have registered to become medical cannabis patients under Florida law and now have legal access to cannabis.
That means there are great numbers of people who can now legally use cannabis for symptom control, many of whom have previous cannabis possession charges. It also means that there are countless numbers of people, who have to continue to use cannabis as “criminals” simply because they do not have the financial resources to become legal medical patients and yet, they too use cannabis to manage symptoms and treat diseases.
Cannabis laws are changing more rapidly than any other of law.
Selective Enforcement:
“In law, selective enforcement occurs when government officials such as police officers, prosecutors, or regulators exercise enforcement discretion, which is the power to choose whether or how to punish a person who has violated the law.”
What happens with selective enforcement? Well, someone who looks like me is very likely not going to get arrested for a minor cannabis possession charge but not everyone looks like me.
Cannabis laws will continue to evolve, responsible adult use is an inevitability. Are we really going to continue to negatively impact people’s lives for possession of a plant that has been shown to ease the suffering of great numbers of people?
4,000 new medical cannabis patient ID cards are approved each and every week in the State of Florida. What we’ve set up is a system where quite literally, one day a person is a criminal and the very next day they are not, for participating in exactly the same behavior, for using exactly the same substance.
Cannabis users are “criminals” only because of archaic, prohibitionist and draconian laws. Societies evolves and laws change. Thank goodness they do, otherwise the members of this commission with a skin color different than mine, would otherwise not be seated in this gallery and hold the esteemed position of County Commissioner.
While we are in the midst of these massive societal shifts, it is our government’s responsibility to protect the people they have been elected to represent. We are placing undue burdens on our citizens. Selective enforcement is unconstitutional.
All citizens of a state deserve to be treated equally, anything less, is simply a discriminatory practice. I respectfully request that no dollars be budgeted towards arresting citizens for using a plant that has never killed anyone in the history of all of history.
Thank you.