Nikki Fried Slams DeSantis For 'Dereliction Of Duty' After He Cancels Meeting For Cannabis Pardons

Florida’s Commissioner of Agriculture Nikki Fried (D), slammed Governor Ron DeSantis over canceling the state Clemency Board meeting that was supposed to take place this month.

Fried, who has been fighting for cannabis reform for years, was aiming to use the meeting to present pardons for those convicted of simple cannabis possession offenses and put them onto the Clemency Board’s agenda. The Board, which reviews pardon requests from prisoners consists of the Florida Cabinet – Fried, DeSantis, Florida chief financial officer Jimmy Patronis and attorney general Ashley Moody.

“You have once again chosen to cancel our Clemency Board meeting, as well as another cabinet meeting. Given that we have only had one meeting of the Clemency Board this year, it is a dereliction of duty,” Fried wrote in a letter to DeSantis. “We might have taken the first critical step towards rectifying past wrongs and moving state policy in line with the prevailing thought of most Floridians, and most Americans. Instead, you chose to delay justice to tens of thousands of your fellow Floridians.”

Today I wrote @GovRonDeSantis over his cancellation of our final Clemency Board meeting. With only one held this year he is abandoning his duty, especially the consideration of pardons for state-level marijuana offenses. Floridians expect and deserve more from their leaders. pic.twitter.com/nOdcJZM75C

— Commissioner Nikki Fried (@NikkiFriedFL) November 30, 2022

Fried’s plan comes about two months after President Joe Biden announced he will pardon all prior federal offenses of simple cannabis possession. The action is estimated to benefit some 6,500 Americans, while some 40,000 people who were convicted on a state level remain unaffected unless state governors abide by Biden’s suggestion and do the same. If the Florida Governor does not follow Biden’s suggestion, which he most likely will not, federal cannabis pardons will not affect the vast majority of Floridians serving time for cannabis convictions.

“The criminalization of simple marijuana possession has led to unnecessary, long-lasting consequences for too many Floridians, limiting their access to employment, housing, and educational opportunities,” Fried also wrote “By placing this issue on the December 14 agenda of the State Board of Executive Clemency, and pardoning simple marijuana possession offenses, you can take a critical step towards rectifying past wrongs and moving state policy in line with the prevailing thoughts of most Floridians.”

She also noted that 71% of Floridians voted in 2016 for a medical marijuana program, which now has 713,000 registered patients. Further, the Commissioner highlighted a recent public research poll from the University of North Florida that revealed 75% of state residents support recreational cannabis legalization.

DeSantis previously noted that he is not open to full marijuana legalization. What’s more, he recently shared his opinion that medical cannabis businesses should pay a lot more for the chance to legally operate in the state.

The state “should charge these people more,” he said. “I mean, these are very valuable licenses. I would charge them an arm and a leg. I mean, everybody wants these licenses.”

Fried’s Previous Marijuana Reform Efforts

In April this year, Fried increased her efforts to help medical marijuana patients by filing a Second Amendment lawsuit against the federal government seeking to allow these patients to buy and own firearms.

Fried announced the litigation at the Benzinga Cannabis Capital Conference in Miami Beach on the 4/20 cannabis holiday.

The lawsuit argues that there is a conflict between state and federal law, and that federal policy requires medical marijuana cardholders to choose between their state constitutional right to medicinal cannabis and their Second Amendment right.

“No patient should have to choose between medicine and employment, a roof over their head, access to capital or their Constitutional rights,” Fried said adding that the country's marijuana policies are “irrational, inconsistent, and incoherent.”

Fried, a medical marijuana cardholder and gun owner, explained that MMJ patients face felony charges if they lie about their marijuana use on a federal firearm application.

In July, Fried’s lawyers and other plaintiffs argued that under the recent SCOTUS ruling, a current federal policy banning those who admit to using marijuana as part of the background check process from buying and possessing firearms, could not be enforced.

In August, the DOJ asked a federal court to dismiss Fried’s lawsuit, arguing it would be too “dangerous to trust regular marijuana users to exercise sound judgment.”

Fried said that she was disappointed that the DOJ decided to “double down on harmful prohibition policies. DOJ’s argument is as offensive as it is inaccurate."

“I will never stop looking for outside-the-box ways we can further this fight until we achieve full and equitable legalization,” Fried concluded.

In November, Federal Court dismissed Fried’s Second Amendment lawsuit. US District Judge Allen Winsor wrote in the ruling that “Florida’s medical marijuana users are ‘unlawful user[s] of . . . [a] controlled substance,’ so this law makes it a crime for them to possess firearms.”

Photo: Benzinga Edit; Sources: Wikimedia Commons and Alexander Grey on Pexels