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He is a trial lawyer with more than 20 years of experience.
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He regularly appears on Fox News, CNBC, Al Jazeera, iHeart Radio and Yahoo! to discuss
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breaking legal news stories.
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He's recognized as one of the leading insurance litigation and sinkhole attorneys in Florida.
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And when he's not battling large insurance companies on behalf of policy holders, Mr
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Corless authors and presents lectures throughout the United States on a wide variety of topics,
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including cannabis legalization, insurance coverage, complex expert testimony, criminal
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law, sports and entertainment law and insurance bad faith.
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As I noted, he's been working on a book, he can tell you a little bit more about when
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he anticipates it coming out, but he's had it in the works for a couple of years now.
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So please, help me welcome Mr. Ted Corless.
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Thank you very much and as a lawyer of 20 years, talking to people who voluntarily spend
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their days with lawyers, you have my sincerest apologies.
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Marijuana is coming to mainstream.
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Right now it's in 28 states.
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I am right now violating the law in the State of Florida, depending on who you ask.
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If you are carrying less than 20 grams of plant material in the State of Florida and
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you're stopped by a police officer, you're probably going to get a $75 fine.
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If you're stopped by a sheriff you're probably going to get a misdemeanor, it's going to
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cost you around $400.
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So I have $475 with me at all times whenever I travel.
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And so far no one has asked me to give that to them.
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Light-heartedly the issue is, is that let's begin by saying that what I want to do in
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the next few minutes is to introduce you to this plant.
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I want to tell you why this plant has been so relevant to me.
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And then, I'm going to show you why it should be relevant to you.
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And when we're done with that, I'm going to need your help.
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Why am I talking about marijuana?
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I have been practicing law, I was licensed in the state of Missouri in 1995 and I immediately
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started working for the biggest, the nastiest law firms I ever could.
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And I enjoyed that, I really did.
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I spent several years working for companies that represented some of the largest oil producers
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in the United States.
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I represented large tobacco companies as a senior associate at Shook, Hardy & Bacon.
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And I represented some of the biggest insurance companies in the world when I was an attorney
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at Carlton Fields.
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But looking way back in my past, 1988 when I was 22 years old, I moderated a debate between
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a member of the DEA, an agent in the DEA, who debated the Missouri President of the
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National Organization for the Reform of Marijuana Laws.
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Very little publicity, and this was in 1988, and a thousand people showed up.
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And I've pretty much been hooked on marijuana since then.
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Now, if you, let's begin with what Dana was saying, we know this plant is a variety of
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things and that the reason why it is presented on the board in this way is to show it's simplicity.
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Lots of interesting things to know about this particular plant.
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If we're going to be technically accurate, we call it cannabis sativa.
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And then if any of you have been tinkering with cannabis over the last couple of years,
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you would also hear another description of cannabis, indica, and if you really get into
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it, you'd know it as cannabis ruderalis, which is the kind of cannabis that we use to make
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rope.
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Thomas Jefferson used all three forms of it to make rope and to smoke a little.
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Now, marijuana is coming to mainstream because a lot of people were tired of the manner in
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which the federal government was regulating this product.
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Now I joked earlier about, it depends on who stops me, regarding what the charge would
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be.
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That's called arbitrary enforcement of the law.
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Now what do we know, what happens when we arbitrarily enforce the law, who suffers when
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that happens?
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It's usually not lawyers like me.
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It's usually not adults like me.
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It's usually not white people like me.
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You see, people ask me what is the most effective way I can protect myself about being arrested
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if cannabis is somehow in the picture.
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If I get caught with it or someone else does.
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My suggestion to you, first thing: be white!
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Because if you're black, you have a four times, four times the chances to be arrested for
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possession of cannabis.
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Even though the numbers reflect that white people smoke pot more than people of color.
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Now why is this , why are we having these disagreements.
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Well it's a real simple word that we just heard Jeff Sessions use recently, called the
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Supremacy Clause.
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Now see, Republicans like to talk about cannabis because they're going to protect us from it.
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Now the reality is, is when you hear you're being protected by the federal government,
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you should be very afraid.
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Now, why are we having this problem?
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Well, a lot of it has to do with the fact that this plant is pretty special.
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It's been around for over 3,000 years.
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We have Egyptian hieroglyphics that show cannabis being consumed by pharaoh.
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He had a really good grower.
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And I, if you want to know the best places to grow marijuana, if you've ever been there
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and you've enjoyed wine, that's where you want to grow marijuana.
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You're in the, what's commonly referred to as the Emerald Triangle in California, which
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prior to 1996, 80% of all cannabis grown in the United States was grown in 3 counties
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in Northern California: Mendencino, Humboldt and Sonoma.
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And if you've ever been to wine country, you'll know that it's everywhere.
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Always ask the bar tenders.
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Because right now, while California recently passed recreational marijuana, it has not
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yet been rolled out yet.
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Or rolled up!
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Alright, so what happens is in 1996 there were a whole bunch of people in California
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that decided they didn't really care what the Supremacy Clause said.
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That Main Street was taking marijuana back from the federal government, who's held it
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hostage since 1937.
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Long time!
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The original prohibitions on cannabis that were formulated in 1937 were by a gentleman
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by the name of Henry Anslinger.
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Mr Anslinger was a racist.
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He hung out with people from the Klan and he loved to talk about jazz musicians.
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Because he was concerned about the influence of jazz culture on America's youth.
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Does that sound familiar to you?
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Any of you ever listen to Elvis?
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Ever hear stories about how Elvis was precluded from coming to places because they were threatened
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by his hips?
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Well Anslinger wanted to use cannabis, not necessarily to protect us from cannabis, but
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what he wanted to do is, he saw all these immigrants coming from Mexico.
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He also saw a lot of people of color moving to urban centers like Detroit, Chicago and
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New York.
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And they were bringing cannabis with them.
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And they needed something to be able to surveil them and to be able to arrest them to control
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their population.
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Let me put it this way.
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If people from Argentina had been coming through Mexico in 1937, yerba mate would be illegal.
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It had nothing to do with the plant.
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So when they passed the various laws that formed what would ultimately become the Controlled
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Substances Act, cannabis got put on the same list with PCP, but not with opioids.
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Why not?
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Well, because the people in the state of Florida that are now slow rolling Amendment 2, they
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don't want you to stop using opioids.
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Because in 2012, 1500 people.
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One thousand five hundred people just in the state of Florida, overdosed on legally prescribed
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opioids.
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The opioid epidemic in Chicago is the reason why El Chapo is able to sell Mexican heroin.
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Because Big Pharma was producing so many opioids by the pound, that when they finally figured
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out the epidemic they had created, they started restricting access to it.
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Well here's the problem, if you are a junkie on oxycontin, it doesn't matter, you've got
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to have heroin.
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There really isn't a difference between heroin and the other opioids.
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So marijuana in 1996 became a citizen's initiative in California, where the state of California
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said, "We're going to create a not-for-profit organization that will allow individuals to
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grow their own marijuana and even allow other people to grow it for them.
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As long as it's being sold not-for-profit."
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Now you can imagine, everyone in 1996 froze when that amendment passed.
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Well, nothing happened for almost 5 years.
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And a gentleman, who I met, walked into city hall on Market Street in San Francisco and
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said, "Good morning!
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I would like a permit to grow medical marijuana!"
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The guy kinda scratched his head, says, "I don't think we have one of those!"
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So those of you who know constitutional law would know, well, I'm going to file a writ
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of mandamus.
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I'm going to ask a court to order you to produce one.
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He walked out.
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An hour later he received a phone call.
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A man had sat down at a typewriter and prepared a permit application to allow you to grow
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medical marijuana.
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He took that permit and he wen to the Emerald Triangle and ultimately he became the mayor
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of Sebastapol, California.
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He asked those growers to come out of the light.
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And what I think I'm kind of asking you today, I want you to think about it.
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I want you to come out of the light too.
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I'm a pot smoker and I vote.
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Now, where are we in the state of Florida?
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Now in 2014, there was a citizen initiative that was placed on the ballot after they got
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the required number of votes necessary, or the signatures necessary to get it on the
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ballot as a constitutional initiative.
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You see, we have the pleasure of that ability.
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We have the ability to put a constitutional amendment on our ballot.
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We take that for granted, though.
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Because not every state in the United States has that.
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It's easy to find the states that don't have it.
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Did they ever have slavery?
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Yes!
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No citizens initiative there.
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There's no citizens initiative in Alabama.
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There's no citizens initiative right in Mississippi.
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Why?
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Because they don't want the population getting together and deciding what the constitution
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says.
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Instead, they're going to let the people who are in the legislature decide who, as of right
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now are in direct opposition to the will of the people.
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Now in Florida, Initiative...
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Amendment 2 failed in 2014, by only 3 percenage points.
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57% of the people who voted, voted for it.
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It also happens to be right around the time period when one of the leading advocates for
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cannabis in the state of Florida was seen intoxicated on a YouTube video.
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Maybe you heard that story.
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So why am I talking to you about this?
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Well, I generally avoid talking to lawyers.
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Unless someone's paying me of course.
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But a lot of lawyers see themselves in different ways.
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I'm here today primarily, not as a lawyer, but as a public... private citizen exercising
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his First Amendment rights.
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Now, if you think this is a sensitive topic, since we published that we were going to be
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coming in here and I was going to be speaking on this topic, I received multiple e-mails
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from people who are here now, with questions about cannabis.
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Now we, we call it cannabis, not marijuana, because marijuana is a Mexican slang term
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and technically if you're talking about marijuana, you're not supposed to be talking about marijuana
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that would have come from the Hindu Kush Mountains.
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So I ask people to use the word cannabis.But my editor keeps changing that word.
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He doesn't like it.
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Alright, but it's relevant to you for a lot of reasons.
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And what I have been doing over the last several months is gathering a list of areas where
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we as people in the legal profession will be addressing cannabis on Main Street.
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And here's our list.
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Now I'm going to go through this list quickly and if, I'm going to think that probably all
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of you are going to find yourself somewhere on this list.
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But if you haven't found yourself on the list, I can even tell you the one thing that's not
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on there, because I'm being pretty honest about where we will see cannabis moving forward.
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But the one that's not on there is medical malpractice.
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You're really going to deal with medical... when would we deal with medical malpractice
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in the context of marijuana?
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Well so far I've not heard any issues associated with doctors performing procedures without
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fully understanding the cannabis history of the patient.
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I haven't seen that yet.
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That's the only reason it's not on the list.
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But everything else you see here, and I'm going to read through this quickly, are areas
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where you, as members of the professional, of the legal profession, will see cannabis
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on Main Street.
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Administrative Law.
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It's a highly regulated area and when Republicans regulate products that are sold to consumers,
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there's a lot of regulation!
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Because a lot of legislators don't like to talk about regulation unless it's cutting
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them, except when it comes to cannabis.
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I am now a card holder for medical marijuana in the state of Florida.
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In order to gain access to that, I had to file with an administrative agency my identity
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with copies of my birth certificate, my driver's license and I have to provide specific information
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from my doctor before the state will issue me permission to use it.
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My doctor told me if I would have preferred not to go through that, he would be happy
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to provide me with unlimited access to oxycontin.
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And in that context, he can write me a script as big as a blue ribbon hog and I can shovel
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in opioids as much as I want.
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And in all likelihood, if I consume them for more than 10 days, when I stopped taking them
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I will suffer from withdrawal.
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Okay, I'm getting a little distracted.
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Opioids distract me.
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Alright.
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Anti-Trust Law.
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Of course.
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We don't want our pot growers getting together an deciding what the price will be.
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I'll tell you right now that cannabis is selling in a variety of costs.
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But costs are coming down, because there are so many people producing it.
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Business Law.
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Of course.
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How do you put together a transaction between two people where one agrees to provide 10
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pounds of cannabis while the other agrees to pay for it.
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If there's a breach of contract.
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Can you sue them?
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Now when I interviewed a lawyer in Colorado who spends his entire day dealing with these
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issues.
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He told me that as a law firm, they agreed that under no circumstances would they ever
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assert illegality of contract as a defense.