Thread by @JimRosicaFL

FL House general counsel Adam Tanenbaum about to argue at @1dca_flcourts on motion to intervene in medical marijuana case. #FlaPol

@1dca_flcourts House has "legally cognizable interest" in case bc it touches on how state will regulate MMJ in context of 2016 state const'l amendment. #FlaPol

@1dca_flcourts Judge Makar notes that effort to intervene did not come until litigation was already a year old. Tanenbaum says court has allowed intervention in other cases that came even later. #FlaPol

@1dca_flcourts 1DCA panel already has ruled in favor of Florigrown on preliminary matter re: registering new companies to do biz in state. Final judgment still hasn't come in trial court. This is about House wanting to enter that case. #FlaPol

@1dca_flcourts House wants to defend state law "implementing" marijuana amendment, which has been under attack in several circuit court actions. (Even 1DCA panel has called it unconstitutional.) #FlaPol

@1dca_flcourts "The state does not always speak with one voice," Tanenbaum says, explaining the House's desire to intervene. "There is a tension, there are competing interests." #FlaPol

@1dca_flcourts The House seeks permission to intervene, not saying it is a "necessary defendant." Just saying it has an "interest that directly rises out of a claim in the suit ... This is an unusual case." #FlaPol

@1dca_flcourts The trial judge had denied the House's effort to intervene. Florigrown's attorney, Kathi Giddings, tells court temp. injunctions can be binding on the case. Makar asks why House can't defend law. #FlaPol

@1dca_flcourts Giddings says "there's nothing left to be done (in trial court) but issue summary judgement in our favor." Thomas notes that would lead to "widespread distribution of marijuana." #FlaPol

@1dca_flcourts Giddings also tells court "registration" just means: @HealthyFla has to accept an application from a company to do business in state as a medical marijuana provider. Doesn't mean they can automatically start "touching" marijuana. #FlaPol

@1dca_flcourts @HealthyFla "This is an unusual case in a lot of ways," Judge Thomas says. Notes that amendment was "monumental change" in the law, marijuana is still "illegal under federal law." He asks: How can House not be allowed to intervene? #FlaPol

@1dca_flcourts @HealthyFla This court, Thomas says, will decide whether state law is "blatantly unconstitutional" or "completely valid." Then the Supreme Court will either agree or disagree. #FlaPol

@1dca_flcourts @HealthyFla Makar says House may not have a right to argue against injunction (that's already done anyway) but may have right to defend on the merits of the law under attack. #FlaPol

@1dca_flcourts @HealthyFla The House doesn't need to intervene in the case bc "all the Legislature has to do is meet in Special Session and come up with a (marijuana) law that's constitutional," Giddings says.
"...Not so easy," Thomas says.
#FlaPol

@1dca_flcourts @HealthyFla The House has come too late to the table and can't raise new issues now. Giddings wants app. court to agree with trial court in denying House's motion to intervene. #FlaPol

@1dca_flcourts @HealthyFla Tanenbaum back up for rebuttal; Makar asks what's left he can do since case will be stayed if it goes up to @flcourts. Tanenbaum says "it's not done," question of constitutionality of dispensary caps still open. "Trial court still may not agree." #FlaPol

@1dca_flcourts @HealthyFla @flcourts Arguments having concluded; the court stands adjourned. #FlaPol

@threadreaderapp unroll