Right To Try Act Likely To Be Amended To Include Legal Use of Marijuana By Terminally-Ill Patients
As explained in a previous article here, both houses of the Florida legislature are currently considering Florida marijuana bills that would amend last year’s Right to Try Act to allow terminally-ill patients to use even euphoric strains of medical marijuana in Florida. For a time, those bills appeared to be stalled. However, both bills have recently been moving through their respective legislative committees. Hence, passage appears more favorable.
Florida’s Right to Try Act
In 2015, the Right to Try Act became law. This recent law allows terminally-ill patients, defined as any patient who is expected to die within one year if the condition runs its normal course, to receive an “investigational drug, biological product, or device,” that has not yet been approved by the FDA. The Right to Try Act was passed to let very-ill folks try new and potentially life-saving drugs that had not yet been approved by government regulators.
The Right to Try Act Expanded To Include Marijuana
Under new amendments moving again in both the Florida House of Representatives and the Florida Senate, the definition of “investigational drug, biological product, or device” set forth in the Right to Try Act would be amended to include Florida cannabis that is manufactured and sold by one of the 5 Florida marijuana dispensaries previously licensed under the Compassionate Medical Cannabis Act (which provides for the legal dispensing of low-THC medical marijuana in Florida under certain narrowly-defined circumstances). The bill further specifies that, notwithstanding the state’s laws criminalizing the non-medical use of cannabis, eligible patients under the Right to Try Act or their legal representatives may purchase and possess cannabis for the patient’s medical use and dispensing organizations may manufacture, possess, sell, deliver, distribute, dispense, and lawfully dispose of cannabis. This would mean that terminally-ill patients could legally buy medical marijuana in Florida and use even euphoric strains of medical marijuana in Florida to help treat their diseases or ease their pain.