/>iWell, our Matt Gaetz post was short lived. And, in hindsight, that should come as no surprise given the overwhelming opposition and allegations that continued to emerge. If you are a frequent reader of Budding Trends, however, you know we try to stay on top of the unending news cycle that is the cannabis industry and keep the masses up to speed. So, here we are again. Yesterday, the news broke that Gaetz withdrew his name, reportedly because the Trump administration concluded he would not have the votes to be confirmed. Little time passed before the new nominee was named. Enter former Florida Attorney General Pam Bondi.
Disclaimer: As we state in all posts that relate to politics, we strive to avoid any semblance of partisan commentary in this space and, because this is a cannabis law blog, aim to focus exclusively on how current events or legal developments impact the cannabis industry. This article is no different.
Back to how an Attorney General Bondi may affect the cannabis industry. The former prosecutor, who served as Florida’s head attorney from 2011-2019 before working for the Ballard Partners lobbying firm and then joining Trump’s legal defense team during his first impeachment trial in 2020, has not had the most pro-marijuana positions in her tenure. If we’re being honest, what we know isn’t going to make cannabis operators feel all warm and fuzzy, but at the same time, all hope shouldn’t be lost.
As Florida AG, Bondi Opposed 2014 Florida Amendment 2
Before Florida Amendment 2, which would have legalized medical marijuana in Florida, landed on the ballots in the 2014 election and then failed to receive the requisite votes, Bondi’s office challenged the legality of the ballot initiative. In their filings, Bondi argued the amendment would have made Florida “one of the most lenient medical-marijuana states, allowing use for limitless ‘other conditions’ specified by a physician.” While Bondi’s efforts then to keep the measure out of voters’ hands failed, the votes to pass the amendment weren’t enough.
Amendment 2 Passes in 2016, Without Bondi’s Opposition
Unlike in 2014, Bondi’s office did not formally challenge the 2016 amendment. Instead, her office simply stated that she was concerned the new law would expand the use of marijuana among Floridians, especially in the youth population. The 2016 Amendment 2 ended up receiving over 71% votes in favor of medical marijuana, giving birth to one of the more robust medical marijuana programs in the country.
Bondi Tried to Uphold Smoking Ban in Medical Cannabis Law But Lost
The legislation that originally enacted Amendment 2 banned smokable forms of marijuana. Lawyers, led by famed personal injury lawyer John Morgan of Morgan & Morgan, challenged the ban and succeeded. Bondi’s office mounted opposition, arguing that because “elected members of Florida’s legislature emphasized that the amendment was exclusively about medicine… smoking is antithetical to good medicine.” Ultimately, the Florida Legislature heeded the lower court’s conclusion on the issue and passed SB-182 in 2019 to legalize smokable forms of marijuana within Florida’s medical marijuana program.
Bondi Has a Strong Track Record Fighting the Opioid Crisis and Draws Praise from Trulieve CEO Kim Rivers
During Trump’s first four years in office, Bondi served on his Commission on Combating Drug Addiction and the Opioid Crisis. She also has worked inside Florida to help stop the illegal use of prescription drugs and combat the fentanyl crisis. Kim Rivers, CEO of Trulieve, took to X to praise Bondi’s efforts in that respect and quelled concerns that Bondi would hinder cannabis reform, stating:
“I have always known her to be straight forward and very fair… She is passionate about ending the opioid crisis and did great work shutting down pill mills in Florida. She is an advocate for safe, regulated markets and I believe she will bring the same energy to end the fentanyl issues our country is facing.”
Based on the foregoing, while Bondi’s position on cannabis isn’t unambiguously pro or opposed, perhaps the cannabis industry can take some solace in the (likely) possibility that, if confirmed as attorney general, she will adopt a stance similar to that of President-elect Trump, Robert F. Kennedy, Jr. (nominee for new head of U.S. Department of Health and Human Services), and others in the Trump administration on marijuana. At this point, all we can do is wait and see.
