State Officials Skittish Over Medical Marijuana Prospect

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Florida - State economists will gather again Monday to try to determine whether a proposed medicinal marijuana amendment to the state constitution will increase the cost of government. The Financial Impact Estimating Conference concluded Thursday that legal marijuana would lose an agricultural exemption to the sales tax if lawmakers were to insert a distributor between the grower and consumer. The proposed amendment is silent on how marijuana would be sold, enabling either the Department of Health or the Legislature to implement rules.

"It is an open question what the market structure would look like. We have an agricultural exemption that will apply in certain types of arrangements and not apply in others," said Amy Baker, who chairs FIEC meetings. "I think that leaves us with uncertainty." The analysts are sure medicinal marijuana would not qualify for a prescription drug sales tax exemption. And a Department of Revenue economist said the department was uncomfortable with granting medicinal marijuana a Common Household Remedy tax exemption enjoyed by over-the-counter medicines such as allergy relief products and sleep aids.

The FIEC is charged with producing a 75-word ballot summary, 500-word analysis and a report projecting whether a proposed amendment will affect revenue or spending by state and local government. Baker said the group has until Nov. 11 to submit its report to the Florida Supreme Court. Twenty states have legalized marijuana for either medicinal or recreational use. In California, a 7.5-percent sales tax on medicinal marijuana reaps $100 million annually. In Colorado, a 2.9 percent tax on recreational marijuana generates $11.4 million.

A parade of bureaucrats from state agencies has testified before the FIEC and they said any fiscal impact is indeterminate. However, law enforcement agencies said it would cost them money. Their testimony bewildered Sen. Jeff Clemens, D-Palm Beach, who has sponsored a medicinal marijuana bill the past three sessions. "Various studies have shown there is no question that it would decrease the costs of investigating, arresting and housing small-time drug users using medicinal marijuana. It's a tremendous waste of taxpayers' money," Clemens said. "If you visit one of the states where it is legal you would know this huffing and puffing of negative consequences is not based in reality."

Attorney General Pam Bondi has asked that the Supreme Court to block the measure, saying the ballot language is misleading. Senate President Don Gaetz and House Speaker Will Weatherford said they will also file briefs supporting Bondi's argument. "It's insulting. This GOP-led Legislature has a history of fighting against the citizens of this state," said Clemens, citing the Legislature challenge of a citizen-proposed anti-gerrymandering amendment that passed, an anti-Affordable Care Act amendment lawmakers placed on the 2012 ballot that failed, and polls indicating that up to 62 percent of Floridians support a medicinal marijuana initiative. "There are people facing end-of-life issues that say this helps them. How can you look them in the eye and say, 'No, you can't have it,'" Clemens said. "There are plenty examples across the country showing you how this can be done. All you have to do is look."

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News Hawk - The General @ 420 MAGAZINE ®
Source: Thefloridacurrent.com
Author: James Call
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Website: State officials skittish over medical marijuana prospect | The Florida Current
 
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