Florida Right to Medical Marijuana Initiative, Amendment 2 (2014)

[soul oasis]

voting YES on Amendment 2 in Florida.. Legalize Medical Marijuana.



The Florida Right to Medical Marijuana Initiative, Amendment 2 is on the November 4, 2014 ballot in the state of Florida as an initiated constitutional amendment. The measure, upon voter approval, would legalize medical marijuana. Specifically, the measure would guarantee the following:[1]

That medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or sanctions under state law.
That a licensed physician is not subject to criminal or civil liability or sanctions for issuing medical marijuana to a person diagnosed with a "debilitating medical condition" under state law.
That registered medical marijuana treatment centers are not subject to criminal or civil liability or sanctions under state law.
The measure defines a "debilitating medical condition" as cancer, multiple sclerosis, glaucoma, hepatitis C, HIV, AIDS, ALS, Crohn's disease, Parkinson's disease "or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient."[1]

The Florida Department of Health would be responsible for regulating medical marijuana. The department would issue and regulate patient identification cards and personal caregiver identification cards, develop procedures related to medical marijuana treatment centers and institute regulations defining reasonable amounts of marijuana for medical use. The department would be required to protect the confidentiality of all patients.[1]

The constitutional amendment contains six limitations on how the amendment's language can be construed:[1]

The amendment does not ?affect laws relating to non-medical use, possession, production or sale of marijuana.?
The amendment does not authorize ?the use of medical marijuana by anyone other than a qualifying patient.?
The amendment does not allow for the ?operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.?
The amendment does not require accommodations for medical marijuana use ?in any place of education or employment, or of smoking medical marijuana in any public place.?
The amendment does not require ?any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana.?
The amendment does not require ?the violation of federal law or purports to give immunity under federal law.?
Supporters of Amendment 2 say the measure will help people with debilitating medical conditions. Opponents, on the other hand, argue the amendment is ?de facto legalization" of marijuana.

For a referred amendment to win in Florida, it must win a supermajority vote of 60 percent of those voting on the question, according to Section 5 of Article XI. This change was made via Amendment 3 in 2006.

Text of measure

Ballot title
The official title reads as follows:[1]

? Use of Marijuana for Certain Medical Conditions[2] ?
Ballot summary
The official ballot text reads as follows:[1]

? Allows the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. Allows caregivers to assist patients? medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not authorize violations of federal law or any non-medical use, possession or production of marijuana.[2] ?
Constitutional changes
See also: Article X, Florida Constitution
Amendment 2 would add a Section 29 to Article X of the Florida Constitution.[1]

The amendment?s full text can be read here.

Fiscal note
The fiscal note developed by the Financial Impact Estimating Conference reads as follows:[3]

? Increased costs from this amendment to state and local governments cannot be determined. There will be additional regulatory and enforcement activities associated with the production and sale of medical marijuana. Fees will offset at least a portion of the regulatory costs. While sales tax may apply to purchases, changes in revenue cannot reasonably be determined since the extent to which medical marijuana will be exempt from taxation is unclear without legislative or state administrative action.[2] ?
Background

Charlotte?s Web
On June 16, 2014, Gov. Rick Scott (R) signed Senate Bill 1030, also known as the ?Compassionate Medical Cannabis Act of 2014.? The legislation legalized low-tetrahydrocannabinol cannabis, such as the strain Charlotte?s Web, for medical patients suffering from cancer or "a physical medical condition that chronically produces symptoms of seizures," such as epilepsy, "or severe and persistent muscle spasms." The law requires physician approval and for the potential user?s physician to determine that ?no other satisfactory alternative treatment options exist for that patient.? SB 1030 also authorized medical centers to conduct research on low-tetrahydrocannabinol (low-THC) cannabis.[4] The measure will become effective on January 1, 2015. Gov. Scott said, "As a father and grandfather, you never want to see kids suffer. I am proud to stand today with families who deserve the ability to provide their children with the best treatment available"[5]

Gov. Scott also signed Senate Bill 1700. The law exempts the identification of patients and physicians from public records related to the medical use of low-tetrahydrocannabinol cannabis. The bill does allow, however, access to such information by law enforcement agencies, low-THC marijuana dispensing organizations, physicians, relevant health care regulatory boards and researchers under certain circumstances. SB 1700 was designed to be in effect until October 2, 2019.[6]

Florida is the 22nd state to enact legislation legalizing some level of access to medical cannabis.[7]

Effects on gubernatorial election

Multiple media outlets have predicted that the measure will aid Florida Democrats, especially in the state?s gubernatorial and lieutenant gubernatorial election, since the initiative may bring out young people, who tend to vote more Democratic.[8][9] Ana Cruz, former executive director of the Florida Democratic Party, said, ?I wish that it didn't take medical marijuana on the ballot to motivate our young voters to go and vote because there's far too much at stake for them and their children. But listen, we'll take it any way we can get it.?[10]

Charlie Crist (D), who's running for governor in 2014, stated, "[Amendment 2] might get more younger voters to turn out. It may well increase turnout because if you're educating people about this being on the ballot, who otherwise might not have known it, then you're ginning it up." David Johnson, a Republican campaign planner, said he didn't think young people would turn out in large numbers over a single issue.[11]

John Morgan said People United for Medical Marijuana has helped people register to vote who "never registered before." He thinks "turnout is going to be 2, 3, maybe even 4 points higher than we might have seen, but for this."