Page 1

THE FUTURE IS NOW

PREMIER ISSUE!

CHEF BRET HAUSER BRINGING THE HEAT TO FLORIDA

10 MYTHS LEGAL DO’S & DON’TS IN FLORIDA

MIKE JAMES OFF –FIELD & ON POINT

[fall 2018]


VIVE LA RÉ VOLU TION #PALMBEACHCANNABIS 2

PALMBEACHCANNABIS.COM | FALL 2018


F O O D S H AC K

L E F T OV E R S C A F E

MAXI’S LINEUP

103 S. U.S. HWY 1 STE. D3

451 UNIVERSITY BLVD.

103 S. U.S. HWY 1 STE. D2

JUPITER, FL 33477

JUPITER, FL 33458

JUPITER, FL 33477

561-741-3626

561-627-6030

561-741-3626


CONTENTS 12

Mike James

On a mission to change the NFL’s recognition of medicinal cannabis

18

Can I, Can’t I?

Find out what you can and can’t do legally while using cannabis

26

Cooking High

Chef Bret Hauser dishes on his love for food, cooking for his

celebrity clientele, and doing all it takes to get things done. P.7


Publisher Blu Stephanos

Editor In Chief Stephanie High

Media Manager Nichole Kalil

Contributing Writers Scott Keeler, Barbara Wagner

Photography Julian Restrepo

C O N TA C T U S Editorial shigh@palmbeachcannabis.com

Advertising media@palmbeachcannabis.com

Subscribe info@palmbeachcannabis.com


Editor’s Letter Dear Readers, Welcome to the first ever issue of Palm Beach Cannabis. I am honored to be the Editor-in-Chief of this exciting new publication and to work with such an extraordinary team.

At Palm Beach

Cannabis we're aiming to shed new light on the legal use of cannabis and cast aside some of the stigmas and myths associated with cannabis related products.

I am equally excited over our cover

article featuring Mike James, a pioneer and advocate for the benefits of using medical cannabis in the NFL. I hope you will share in my excitement, learn

from

our

contributors, and

enjoy

the

publication enough to continue reading in the future.

EDITOR IN CHIEF

7


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HEALTHY GUT HEALTHY YOU

You are what you eat – we all know this phrase, but perhaps it should be “your health is what you eat.” The close connection between the gut and our general health is vitally important. An unbalanced gut can actually lead to both physical and emotional discomfort, setting us up for a plethora of health conditions such as stress, blood pressure issues and heart conditions.

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PALMBEACHCANNABIS.COM | FALL 2018


A gut-health

Why not CBD? healthy, balanced diet is of course

While CBD has no adverse side effects, cannot

the most natural way to keep the

get you “high” and isn’t connected to any health

connection

in

check,

but

supplementing with nature’s own CBD oil can

risks (confirmed by the WHO), it’s not all CBD that’s worth a shot.

give your gut an extra health boost. The best CBD out there is the organic kind, Why CBD?

because it’ only through an organic production

CBD is a natural compound that despite its

that you can be fully assured that your CBD is

origin from cannabis has no psychoactive effects.

free from any pesticides, chemicals or other

Research actually suggests that it can calm both

compounds that shouldn’t be there. Other

body and mind. Through its regulation of our

contaminants, such as alcohol, shouldn’t be

body’s own signaling system, known as the endocannabinoid

system

(ECS),

CBD

present either.

can

possibly block the receptors that normally

This

is

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Endoca’s

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their CBD products without worrying about adverse effects.

According to research, CBD might reduce these signals due to its anti-anxiety and anti-

Want to Learn More about CBD?

inflammatory properties. CBD’s seeming ability

The more you get into the world of CBD, the

to combat anxiety helps spread a sense of calm

more eager you are to learn about all its facets:

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11


P.7

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PALMBEACHCANNABIS.COM | FALL 2018


MIKE JAMES Veteran NFL running back Mike James made history earlier this year as the first active professional football player to file for a therapeutic use exemption (TUE) specifically for cannabis. While the NFL denied his exemption in May, James is determined to change the league’s policies. He opened up to Palm Beach Cannabis about his journey so far and his mission advocating for cannabis as an alternative to dangerous opioids.


F A.C.L’s,

ootball is America’s favorite sport and also one of the world’s

most

dangerous.

It

is

a

game

of

torn

Achilles tendon ruptures, dislocated shoulders, sprains,

fractures, and contusions. Looking at the statistics on injuries in the professional sport, anyone would be quite alarmed. According to the data, gathered and analyzed by the independent company IQVIA (formerly called Quintiles) and reported by the NFL, there were over 6 injuries per game on average and a total of 281 concussions (a six-year high) in the 2017 season.

NFL players know that injuries comes with the territory, as well as the alltoo-common practice of taking addictive opioids to deal with these injuries, not simply to relieve pain but also to endure more pain in order to stay in the game. Running back Mike James can personally attest to this. Drafted by the Tampa Bay Buccaneers in 2013, James has played in only 23 games over the span of six seasons, with two of them ending because of injury. Last year, he played for the Detroit Lions, but suffered a concussion during the preseason and was placed on the season-ending injured reserve.

Nine games into his rookie year, in a Monday Night Football matchup against the Miami Dolphins, James suffered his first injury. Fracturing his ankle and having surgery the next day, his doctor prescribed opioids to manage the pain. It was not soon after that James fell into a year-long dependence on Percocet and hydrocodone, taking nearly two dozen painkillers a day. He explained to us that he felt he always needed it, the drugs he took were safe, it was medicine, prescribed by a doctor who had his best interests at mind. But, noticing changes in his behavior and that pills were disappearing more frequently than they should have, James’ wife Aubrey came to the realization that other pain treatments had to be explored. She next came to James with a novel option - marijuana.

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PALMBEACHCANNABIS.COM | FALL 2018


“I am very thankful that my wife intervened when she did because I couldn’t imagine being that same way around my two boys now.” - MIKE JAMES

James initially balked at the idea. Looking

James tells us that he is “very thankful that

back at his childhood, you will realize why

my wife intervened when she did because I

trying cannabis seemed outlandish to

couldn’t imagine being that same way

him. Greatly affected by his experience as

around my two boys now.” Today he is

the son of a father addicted to crack cocaine

proud to be living a healthy life both mental-

and plagued by alcoholism, James knew he

ly and physically, clear of pills. He added

did not want to follow in his father’s foot-

that he loves football, but he loves his life.

steps, and avoided drugs at all costs. He

Sometimes things are just more important.

never took prescription pills prior to his injury, nor smoked marijuana, he even limited the amount of drinks he would have. A father himself now of two young boys, ages five and one, James revealed that knowing the dangers of being a child of substance abuse, he never wanted to risk the chance.

On a mission to convince the league that cannabis should be considered a viable medical treatment option, James has been working hard to change the NFL’s policy on substance abuse.and get medicinal marijuana recognized. Much of his time is spent trav-

Eventually, he gave in to Aubrey’s request

eling around the country advocating the me-

and after trying it, admitted marijuana alle-

dicinal benefits of cannabis, further educat-

viated all of his pain. James was reluctant to

ing himself, as well as lobbying. We urge

continue using it as a pain reliever though,

you to support him in his mission.

battling with the fact that it was illegal and aware that because the substance is banned by the league.he could face suspension. He stopped and went back to taking prescriptions, this time for Toradol and Ibuprofen. Finding himself falling back into the same routine, during training camp this past year, he ultimately decided that medicating with marijuana was a healthier option for him than pills. James told us that up until that point, he did not want to believe a plant could take care of so many issues much more effectively than anything else could. Recalling his experience with painkillers,

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The opiate crisis that affects the NFL is real.

PALMBEACHCANNABIS.COM | FALL 2018


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TOP

FLORIDA MEDICAL MARIJUANA MYTHS Medical marijuana is legal now in Florida, right? As a criminal defense attorney who has represented hundreds of clients on marijuana charges from Palm Beach to Indian River County, perhaps I have seen it all. Here’s a legal guide on what you can and cannot do when using marijuana in Florida.

By Barbara Kibbey Wagner, Esq., Criminal Defense Attorney


MYTH #1: “I don’t have my marijuana prescription card yet, but I voted, and they passed a law, so I won’t be arrested if I have pot.”

1

Truth: I hear this from clients often. Florida voters passed Amendment 2 allowing the medical use of marijuana with a valid prescription. The problem now is that the legislature and courts are battling as to what that exactly means, how you can “take” your medicine, as well as what cities and areas can distribute medicinal marijuana. Best advice: seek a licensed doctor who may qualify you to hold a valid medical marijuana card. You should only obtain your marijuana through a licensed and permitted distribution pharmacy. Keep your prescription card on you at all times with the marijuana in its government-approved issued container.

MYTH #2: “I can smoke my medical marijuana. And if I’m caught with (non -prescribed) pot, I’m just issued a traffic ticket and nothing goes on my record.”

Truth: After Amendment 2 was passed, Florida legislature then said smoking medical marijuana was illegal. A lower court in Leon County has deemed that patients should be able to smoke marijuana, and now the State of Florida is appealing.

2

In the Palm Beaches and Treasure Coast (Palm Beach, Martin, St. Lucie, Okeechobee, and Indian River Counties), police officers will make arrests for even misdemeanor possession of marijuana (20 grams or less). Arrests can be with handcuffs and jail for a few hours, or a written arrest with a “Notice to Appear” and date to come to court. Either way, it is an arrest, and is a misdemeanor charge, punishable by up to one year in jail with one year of driver license suspension. If you don’t have an attorney, pleading guilty can and can also entail an adjudication of guilt (conviction) on your record, court costs, fines, a substance abuse class, possibly probation for up to one year, and your record cannot ever be sealed or expunged. If you have prior criminal history/ drug possession, jail is possible. Best advice: For now, use your marijuana as prescribed. Non-criminal Citations are given in select areas such as Miami-Dade County, Tampa, Key West, and Orlando. Otherwise, you could be charged with a misdemeanor crime. Hire a lawyer to ensure that you are receiving the best outcome in your case, and to avoid any jail/probation/driver license suspension.

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MYTH #3: “I can have my CBD (cannabidiol) Oil and Kratom powder with me. It can’t be illegal- I bought it off Amazon!”

3

Truth: Unfortunately, you may still be arrested for possessing CBD oil if an officer has probable cause to believe it has THC, Tetrahydrocannabinol. First, CBD oil, if made correctly, should have all forms of THC removed. If there is any, even trace, amounts of THC present in the CBD oil, it is illegal under Florida law. A police officer has the right to test the oil in your possession to ensure that it is CBD versus THC or hash oil. The testing is commonly done with a “field test kit” that the officer will have at the scene, that takes mere minutes to give results. These tests are unreliable and often inadmissible in court. However, if the oil comes back positive on the field kit, the officer has probable cause to arrest you on scene. Kratom powder is still legal to possess in Florida, for now, but NOT in Sarasota County. Other counties are considering bans as well.

Best advice: Ask an attorney what the Courts in your area have ruled regarding Kratom powder. As for CBD oil, until field kits improve, it is risky to possess CBD oil, especially oil that you may purchase from an untrusted source. Your lawyer should immediately file for a court-approved lab to test the oil. If there is no THC in the oil, your charges should be dismissed.

MYTH #4: “I can’t be arrested for taking my medicinal marijuana and making edibles/juices/butters/ foods. Or if I am, it is just a misdemeanor.”

Truth: The Courts and lawyers are still fighting this one out, and the Florida Supreme Court may hear arguments on the issue soon. Currently, in the Palm Beaches and Treasure Coast, breaking down the marijuana to extract the THC to make a tincture and/or put in butters, oils, food, and edibles can be prosecuted for a felony of Possession of Controlled Substance, Possession of THC, and/or even Possession with Intent to Sale/ Manufacture/Distribute under the prosecutor’s discretion, or if there is evidence that you are selling/ manufacturing and/or distributing.

4

Best advice: Until your local court or the Florida Supreme Court makes a decision, leave the cooking to Martha Stewart. Ask an attorney.


5

MYTH #5: “I buy in bulk. I smoke my medical marijuana. Sharing marijuana with my friends is not a crime.”

Truth: Again, Florida Courts again are fighting whether a person can “smoke” their medical marijuana. Leon County says you can smoke your medical marijuana. Current law dictates that it is illegal to “distribute” marijuana unless you are an approved distribution facility. Even if you don’t sell to your friends, even “passing” some around to your guests can be prosecuted for distribution, a felony, if evidence is substantial. The large quantity also gives a State Attorney perhaps more evidence to tell a judge you possessed with “intent to distribute.” A jury would perhaps disagree, but you can be prosecuted.

Best advice: If you are arrested, your lawyer can fight the felony, but case law can be unclear in this territory.

MYTH #6: “I believe in the Second Amendment and keep a gun in my home. I can have my marijuana and a gun. This is perfectly legal.”

6

Truth: Believe it or not, Federal (that’s United States’) law dictates that it is a felony to possess any controlled substance, including marijuana, and a firearm at the same time. This law includes if the firearm is in a gun safe, drawer, or somewhere “safe” in your home, and your marijuana is on your coffee table. Also know that marijuana is still a Federal crime, but is permitted with prescription in the State of Florida.

Best advice: This law may be deemed one of the most shocking, but it’s true. Consult with an attorney on how to navigate this if you have a prescription and you are a gun owner.

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PALMBEACHCANNABIS.COM | FALL 2018


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MYTH #7: “I can’t get a DUI for driving if I’ve used my medical marijuana. That only applies if I’m drunk. Plus, I’m a more careful driver if I’ve smoked.”

Truth: Florida is strict with DUI laws. Under the law, if your “normal faculties are impaired” on a substance including alcohol, marijuana, prescription medications, illegal drugs, etc. you can be prosecuted. For alcohol, the legal limit is .08 or above. For marijuana, it is murkier. You can be asked to submit to a urine or blood test to detect your marijuana levels. If the levels are indicative of “impairment”, then you can be arrested and charged.

Best advice: Drive sober, or get an Uber/Lyft/friend to transport you. If you are stopped, and you have imbibed, you can, and perhaps in first offenses, should, refuse to submit to testing. Speak with a lawyer you trust on this issue.

MYTH #8: A cop can only search my car with a search warrant, so I can drive with my (non-prescribed) marijuana. And if he doesn’t read me Miranda Warnings, the entire case gets thrown out.

Truth: In Florida, a police officer can stop you with probable cause of a traffic infraction, like say speeding or running a stop sign. If the officer then states he smells marijuana in the vehicle, or if a drug dog is already there and alerts after a free air sniff of the outside of the car during the writing of the citation, an officer has probable cause to search your car without warrant. Miranda Warnings apply to statements you make, and not evidence found, so charges can still stand.

Best advice: Don’t drive with any non-prescribed marijuana, and don’t smoke or use in your car. If you must have the marijuana with you, a locked container in the trunk may be your best bet, and do not consent to any search, nor make any statements, period.

8


9

MYTH #9: “I was arrested for marijuana, but I’ll get Drug Court and my charges will be dropped after I take an online class.”

Truth: The Treasure Coast and Palm Beaches are tough with who gets accepted to Drug Court and what Drug Court entails. For misdemeanor possession of marijuana, Martin County and Palm Beach County generally will not offer Drug Court. That is reserved for felony possession. Drug Court is not just an “online class” that makes charges disappear. Typically on the Treasure Coast, Drug Court lasts one year, with random urinalysis. You cannot use any drug, including alcohol, for one year, attend meetings, court sometimes twice a month, counseling, and evaluations. Its intent was to help those with addiction, and has done an excellent job. But it is no “easy way out.”

Best advice: Drug Court is wonderful, if it’s offered in your case, and if you can comply with all terms. your best bet, and do not consent to any search, nor make any statements, period.

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PALMBEACHCANNABIS.COM | FALL 2018


10

MYTH #10: Is there anything I can do with my (prescribed or non-prescribed) marijuana and not be arrested?

Truth: Yes, get a prescription for marijuana, and use responsibly as prescribed. The law is still evolving as we speak, so make sure you or your lawyer keep you up to date on the current laws.

Best advice: Talk to a lawyer you trust.

Author’s Note and Legal Disclaimer: This article was meant for informative and entertainment purposes, but should not be deemed as legal advice, or replace the advice of an attorney. If you or a friend have a case or questions on these issues, call a licensed Florida Bar attorney whom you trust.

Ed Note: Barbara Kibbey Wagner, Esq. is a criminal defense attorney and founding Partner at KIBBEY/ WAGNER law firm. She has been awarded the prestigious honor of one of the “Top 40 Under 40” lawyers in the entire United States for her criminal defense work. She has handled thousands of criminal cases, and handles cases in State and Federal Court.


THE DISH

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PALMBEACHCANNABIS.COM | FALL 2018


THE DISH

DISHING WITH CHEF BRET HAUSER By Nichole Kalil

A

lright it was really an interview in

household where as in most Italian households

the lobby of a chic urban south

selecting food items, cooking and the best part

Florida building where Palm

eating take on vibes like no other culture. He shared

Beach Cannabis Magazine had the

that he knew since 7th grade that wanted to be a

pleasure of a morning chat with Season 14 Hell’s Kitchen, Chef Bret Hauser. Of course we thought it was cool as “Hell” to meet this reality show celebrity chef but once we got chatting it was apparent he wasn’t just cool but that he was also all heart. We quickly bonded with Chef Bret aka the “Paper Plate Chef” after hearing how connected he is to south Florida. The Miami native grew up in an Italian

chef. Chef Bret will talk you through the grocery selection process to food prepping to cooking a meal and serving it up on a dish or paper plate like he’s reading an excerpt from Romeo and Juliet. If you are not sold on this man’s love for cooking after he runs you through a dish then your second point of reference may be his body art. Chef is tattooed from head to toe with artistic images of like a chef's knife, 27


to one of his favorite’s branzino (fish) across his forearm, to spaghetti and meatballs to an artichoke. This Miami native in recent years has enjoyed serving high-end celebrities to the elite and discreet all over the tri-county area. He also caters to a whole other level of clients who won’t vacation without him. Shortly, after our interview Chef was getting ready to be flown to someone’s private Island to keep them fed while they were on their vacation. Chef’s passion for cooking is evident. He is

Hauser if there was one piece of advice he could give an aspiring chef today what he would tell them. His answer was, “If you aren’t willing to give EVERYTHING you have you will die on the line. If you give it all you got you will do very well”. And he went on to share that same advice with all the cannabis crusaders from politicians to doctors today who he feels need to move this state forward. By move this state forward he means educate people on the benefits of cannabis remedies over

also very passionate about the day when people can

pharmaceutical prescriptions while removing the

not only enjoy his culinary delights but also

stigma marijuana users may still experience. Rumor

experience the healing properties from some of his

has it that this is one of the reasons why PBC Mag

cannabis infused dishes and that is why we wanted

will become one of his favorite reads. So please stay

to cover him in our first issue of Palm Beach

tuned for our next issue and follow us on line where

Cannabis Magazine. Chef Bret has a talent for

we will be featuring some of Chef Bret’s write ups,

creating cannabis infused meals, salad dressings,

recipes and videos.

desserts and of course – sauces!

Chef Bret is available for in home private dining, special events, and cooking classes. Contact him at 561.307.3075 ,chefbret15@gmail.com or on Instagram @chefbret

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We ended the interview by asking Chef Bret

PALMBEACHCANNABIS.COM | FALL 2018


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PALMBEACHCANNABIS.COM | FALL 2018


THE FUTURE OF CANNABINOID THERAPIES By Scott Keeler

We find ourselves at the epicenter of the convergence of three revolutions; the social and legal acceptance of cannabis, the explosion of clinical studies on cannabis and the commercialization of Pharmacogenomics.


P

endocannabinoids (i.e., anandamide) have been found to rise during physical activity. Since harmacogenomics is the study of how

endocannabinoids can effectively penetrate the blood

genes affect a person’s response to

–brain

barrier,

it

has

neurochemicals, contributes to the development of

and their functions) to develop effective, safe

exercise-induced euphoria in humans, a state

medications and doses that will be tailored to a

colloquially

person’s genetic makeup”.

The two primary endocannabinoid receptors are

referred CB2.

to

CB1

as

other

that

science of drugs) and genomics (the study of genes

and

with

suggested

anandamide,

CB1

along

been

drugs. This new field combines pharmacology (the

a

euphoriant

runner's

receptors

are

high. found

predominantly in the brain and nervous system, as These “one size fits all” protocols are no longer the

well as in peripheral organs and tissues, and are the

only answer. Today’s technology is quickly allowing

main target of the endocannabinoid ligand (binding

the medical community to truly provide “dialed in”,

molecule) anandamide, as well as its mimetic

targeted therapies. The driving force behind these

phytocannabinoid,

advances

endocannabinoid is 2-AG which is active at both

are

threefold;

advanced

diagnostics,

computing speed and terabytes of pertinent data.

THC.

The

other

main

cannabinoid receptors, along with its own mimetic phytocannabinoid,

When formulated correctly, the last two minutes of a 2:30 second drug commercial that focuses on the

CBD,

2-AG

and

CBD

are

involved in the regulation of appetite, immune system functions and pain management.

eight hundred side effect that are going to kill you will be a thing of the past.

OUR COMMUNITY For what has been far too long, our community has been,

WHY CANNABINOIDS The cannabinoids within the cannabis plant are bio mimec (Identical) to the endogenous cannabinoids the human organism produces.

This unto itself

eliminates the vast majority of side effect and when coupled with advanced diagnostics will provide therapies that will literally change lives and in some instances in moments.

maligned,

marginalized,

arrested,

incarcerated, ostracized and accused of simply being “stoner” drug users for their use of cannabis to alleviate symptoms and cure their ailments. These same people, even after enduring all of these hardships, continue to be tireless in their efforts to return cannabis to its rightful place as a true medicinal option. Our community is not only eager to participate in

THE

ENDOCANNABINOID

SYSTEM

AND

CANNABIS CONNECTION

submissions. The studies and positive outcomes will

The endocannabinoid system is a biological system composed

of

retrograde

neurotransmitters)

endocannabinoids,

(lipid-based

that

bind

to

cannabinoid receptors, and cannabinoid receptor proteins

that

are

expressed

throughout

the

mammalian central nervous system (including the brain)

and

peripheral

nervous

system.

In humans, the plasma concentration of certain

32

this new science, they actively promote sample

PALMBEACHCANNABIS.COM | FALL 2018

not only validate their beliefs, they will create a clear path to eventually providing the best medicines possible for themselves and the community at large. For this, we are forever humbled and grateful. The Future returns!


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THE GUIDE

BOCA RATON

JUPITER

Canasi Medical Institute

DoctorsRX: 2255 Glades Rd, Suite

Dr. Edward Pearson

3370 Burns Rd, Suite 106 Palm Beach

324A, Boca Raton (844) 840-3094

759 Parkway St., Jupiter

Gardens (561) 775-0335

doctorsrxmed.com

Dr. Robert Briskin

http://canasimedicalinstitute.com/

Lifeboost

210 Jupiter Lakes Blvd., Bldg. 3000,

eMDe Cares

7035 Beracasa Way, Ste.102, Boca

Suite 205, Jupiter

3400 Burns Rd, Suite 101

Raton (844) 442-6678

Dr. Robert Friedman

Palm Beach Gardens, FL 33410

www.lifeboostmd.com

875 Military Trail, Ste. 208

(561) 513-9313

Your THC Doc 1449 Yamato Rd, Suite 2 Jupiter, 33458 Dr. Veronica Diaz Boca Raton (561)774-4215

DELRAY BEACH Florijuana Medical Center 2206 W. Atlantic Blvd. Suite 200 Delray Beach (561) 330-3010 Medical Marijuana Clinics of Florida

WEST PALM BEACH

1002 S Old Dixie Hwy Ste. 205

Green Health

Jupiter, 33458

5405 Okeechobbee Blvd., Suite 304

Dr. Sonia Canaves-Nunez

West Palm Beach (561) 277-6719

601 University Blvd

www.greenhealth.org

Jupiter

Liberate Physician Centers

Dr. Monroe Benaim

3540 Forest Hill Blvd, Suite 202, West

2055 Military Trail

Palm Beach, FL 33406

16244 S. Military Trail, Ste. 150

Jupiter, 33458

(561) 693-2867

Delray Beach (561) 246-4020

Roberto Duran MD

liberatewpb.com

www.mccfl.com

601 University Blvd

MariJmd

Palm Beach Pain Institute 5130

Jupiter, FL 33458

8195 N. Military Trail, West Palm Beach

Linton Blvd. Suite C-2

(561) 624-0702

(561) 842-2228 marijmd.com Medical Marijuana Consulting Group

Delray Beach (561) 499-7020 Tierra Healthcare 4723 W. Atlantic

PALM BEACH GARDENS

900 Osceola Drive, Suite 201, West

Ave., Suite 11, Delray Beach

Dr. Anne Morgan

Palm Beach (833) 411-6624

(561) 665-6090

600 Sandtree Drive

www.mmcg.biz

www.thcphysicians.com

Palm Beach Gardens, 33410

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PALMBEACHCANNABIS.COM | FALL 2018


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THE BURNING QUESTION QUESTION: What do the federal laws against marijuana actually say? And do they supersede Florida law?

ANSWER In the Controlled Substances Act, Congress made it generally illegal “to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” The criminal penalties and restrictions depend on factors such as the amount of substance involved, and how the government has categorized that substance. Advocates of cannabis legalization have thus far been unsuccessful in convincing the federal government to remove marijuana from its Schedule I listing — the category of drugs deemed to be the most potentially harmful and addictive and to lack medicinal value. Others substances categorized as Schedule I substances include heroin, methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

In practice, cannabis crimes have largely been handled at the state level, but essentially the exist in parallel. Specifically, state statutes govern what sorts of crimes local and state law enforcement officials can prosecute for, while federal statutes govern the same for federal agents and United States attorneys.

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PALMBEACHCANNABIS.COM | FALL 2018


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@pbcmag

palmbeachcannabis.com


Fall 2018  

This is the Inaugural Issue of Palm Beach Cannabis, Palm Beach, Florida’s first and only magazine dedicated to educating and supporting the...

Fall 2018  

This is the Inaugural Issue of Palm Beach Cannabis, Palm Beach, Florida’s first and only magazine dedicated to educating and supporting the...