The landscape of Florida’s medical cannabis industry is set to transform as the state legislature passed the Black Farmer Cannabis Bill (HB 387) in its 2023 session. This remarkable piece of legislation aims to rectify past injustices faced by Black farmers and opens up new avenues for their participation in the burgeoning industry.
Revisiting the Pigford Legacy
The Black Farmer Cannabis Bill serves as a beacon of hope for farmers who were bypassed in the earlier allocation of the Pigford Black Farmer License. The Pigford license bears its name from a series of class-action lawsuits where Black farmers challenged the U.S. Department of Agriculture (USDA) for its discriminatory practices of unjustly denying them loans and other benefits.
Towards More Inclusive Licensing
This game-changing law orders the Florida Department of Health (DOH) to license all Black Farmer License applicants who received either approval or denial notices from the DOH that did not cite any deficiencies, regardless of their final scores. This means that Black Farmer License applicants, who have received final determinations from an administrative judge affirming that they met all licensure requirements despite their final scores, will also be licensed.
The new law also extends a lifeline to applicants who have previously submitted applications with deficiencies. HB 387 mandates a 90-day period for these applicants to rectify any shortcomings in their applications. Additionally, it requires the continuation of administrative challenges initiated by a Black Farmer License applicant who has since passed away. If successful, the DOH must issue a license to the deceased applicant’s estate, marking an unprecedented step towards inclusivity.
The Ball is in the Governor’s Court
Now, all eyes are on Governor Ron DeSantis, who holds the future of expanded licensure for Black farmers in his hands. Having previously vocally supported Florida’s medical cannabis legal framework, he even spurred his party’s legislators to allow the smoking of medical cannabis.
As he steps onto the national stage with his presidential campaign, he must navigate the complex sociopolitical landscape beyond Florida. On the one hand, enacting HB 387 aligns with his pro-medical cannabis stance, but on the other hand, it might be interpreted as pandering to the “woke indoctrination” by some constituents. The decisions made now will echo in the future of Florida’s agricultural sector.
The Black Farmer Cannabis Bill stands as a beacon of hope, opportunity, and rectification. As we await further developments, the medical cannabis industry, the agricultural sector, and indeed, the nation, watch Governor DeSantis’s next move with bated breath.
