The Politics of Cannabis

Kerry Herndon

The long knives and bags of money have come out on parade these last several weeks in Florida.

Recently, I was in Tallahassee for a hearing on the second draft of rules about how cannabis will be grown in Florida and who will grow it. As usual, there were a handful of growers and scores of lobbyists and lawyers. Naked self-interest was everywhere. Lots of external interests—pharmacies and testing labs to name just two—trying to secure a piece of the action.

All were well-spoken and well-rehearsed with reasonable arguments that advanced their individual agendas. I was no different. I want the rules to favor me as much as possible. Right now the rules favor big-money investors. The rules say that a nurseryman can only apply in one of the five designated regions even if they have facilities in more than one. There’s no such restriction on outside investors. They can invest anywhere in the state as long as they have a partner with a qualifying nursery. The rule now says the nursery only has to be a 25% of the partnership. Score a BIG victory for big-money investors.

Keep in mind that this is low-THC and high-CBD cannabis, which is a form that doesn’t get people high. Still, the state is acting like this is a dangerous thing and requires stupendous amounts of security. It’s less harmful than aspirin. The federal government has a patent on the use of CBD cannabis for medical use. It indicates that CBD is useful in protecting humans from damage caused by Parkinson’s, ALS, stroke, chemotherapy and Alzheimer’s. That’s pretty amazing stuff. So why has it been a Schedule One drug indicating that it has no medical value? I don’t know. The federal patent proves the Schedule One status is a grotesque lie that has prevented millions from receiving safe and effective treatment that could give significant relief for otherwise intractable conditions.

Hundreds of thousands of people are still arrested for simple possession each year. The human and capital costs are extreme. For what? The private prison lobby is against any change in current law. I understand their self-interest, but disagree. The DEA is against changing the law, but has formally asked the FDA to review the Schedule One status. Recently, The New York Times said the time for the laws to change around cannabis is now.

Billions of dollars are now spent in the underground economy on illegally produced cannabis. This enriches dangerous criminals and creates pockets of violence within our country. If legalized, the world would be a much safer place. The potential tax revenue for the government combined with a sharp reduction in law enforcement and incarceration costs has dramatic implications for State and Federal budgets. Add back the increase in productivity from the lives that are no longer ruined through criminal prosecution and you have the makings of an economic revolution to the positive side. Even if you’re squarely against any sort of cannabis legalization, it’s hard to agree that your family member’s life should be devastated by a marijuana possession arrest.

The main reason for the Florida high-CBD and low-THC cannabis bill (aptly named the Compassion Care Act of 2014) passage is the demonstrated benefits of CBD in the treatment of intractable epilepsy. Being against helping very sick children is a losing strategy. I have a friend whose daughter has this rare form of epilepsy. She called to say that she has moved to Colorado in order to get CBD for her daughter. She left the other two children behind in Miami where her husband’s business is located. Forcing families to divide to get medicine for their sick children is cruel.

As a nurseryman this is good news. We have a rare opportunity to convert some of our growing capacity into places that produce healing medicine. We have long produced ornamentals that are good for people’s souls. Making plants that heal sick bodies is even better. I can think of no higher calling. GP

Kerry Herndon owns and operates Kerry's Nursery Inc. in Homestead, Florida. He can be reached at kherndon@kerrys.com.