Ballot Language


BALLOT TITLE: Use of Marijuana for Debilitating Medical Conditions

BALLOT SUMMARY: Allows medical use of marijuana for individuals with debilitating medical conditions 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 immunize violations of federal law or any non-medical use, possession or production of marijuana.



ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.


(1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law.

(2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical condition in compliance with this section.

(3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or its agents or employees, and in compliance with this section and Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

(1) “Debilitating Medical Condition” means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.

(2) “Department” means the Department of Health or its successor agency.

(3) “Identification card” means a document issued by the Department that identifies a qualifying patient or a caregiver.

(4) “Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition, “Low-THC cannabis” as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be included in the meaning of the term “marijuana.”

(5) “Medical Marijuana Treatment Center” (MMTC) means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department.

(6) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.

(7) “Caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time. Caregivers are prohibited from consuming marijuana obtained for medical use by the qualifying patient.

(8) “Physician” means a person who is licensed to practice medicine in Florida.

(9) “Physician certification” means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the medical use of marijuana would likely outweigh the potential health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing.

(10) “Qualifying patient” means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards.


(1) Nothing in this section allows for a violation of any law other than for conduct in compliance with the provisions of this section.

(2) Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana.

(3) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.

(4) Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under the influence of marijuana.

(5) Nothing in this section requires the violation of federal law or purports to give immunity under federal law.

(6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place.

(7) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana.

(8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees.

(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion.

(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section:

a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department must receive written consent from the minor’s parent or legal guardian, in addition to the physician certification.

b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for the issuance and annual renewal of caregiver identification cards.

c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety.

d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient’s appropriate medical use.

(2) Identification cards and registrations. The Department shall begin issuing qualifying patient and caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective date of this section.

(3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering MMTCs within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department’s constitutional duties.

(4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes.

(e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this section.

(f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by a court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible.

Showing 11 reactions

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  • the most important part to the whole amendment is missing. how many plants can a caregiver/patient can cultivate and two how much a patient can posses, which means big pharma still plan to stay deep in your pockets forcing you to get your medicine from them and leavening you out of the loop of independently taking care of your self. if you cant grow your own, who ya going to call, big pharma
  • I speak with a lot of people about MMJ and being a Floridian I talk a lot about this Amendment 2 because it affects me a great deal. I am a 53 year old/young MMJ patient with a poster child story of “Qualifying” condition’s that are not listed in it as written. But, as you will read in the other comments the doctors can qualify other condition’s ! It’s more than we have now . Vote YES ON 2 !!!
  • Ok. I understand how everyone feels regarding this Florida Constitutional Amendment.

    However, This has been tried over several years and the Florida legislators refuse to listen to the will of the people so we have to take things into our own hands to get it done.

    I agree that this Amendment is in certain areas restrictive to us but thats ok and I will tell you why;

    First off we all know the Amendment was written to help people suffering and thats a great thing to offer people so automatically you get support there. However the problem lies with the majority and the establishment(s) agenda (meaning the media, legislators, Big Donors “Like Big Pharma” and others i.e. Sheldon Adelson)

    So when the Amendment was written, it was written to serve 2 purposes in order to get it to pass. The first is obvious and that was to help people.

    The second was to satisfy everyone else we are fighting against so that we can say this is a safe and effective Amendment and we have addressed the concerns that the news media organizations and law enforcement and everyone else put forth to fight our right to safe access to Medical Marijuana.

    So I look at it like this. The good thing is that its a GREAT start in the right direction for Florida and the cool thing is that things can be added to it but not taken away by legislators.

    Now with all of that being said I am getting very sick and very tired of people blaming conservatives and republicans for this Amendment not passing last time. Well that simply is not the case. I know A LOT of conservatives who are for this and will be voting yes. I am 32 a Christian and a constitutional conservative and I am certainly voting yes for this because I personally can benefit from this as well as others that are very close to me that have seizures.

    So please stop saying republicans and conservatives are against this and please stop complaining that this Amendment does not fit your every need for whatever reason.

    This Amendment is perfectly fine in its current state. Do not worry and everything will be just fine I promise.

    Hope to see everyone at the polls on voting day!!!!

    P.S. Don’t Forget To Vote Yes!!!!!
  • Why aren’t you running TV ads to counter the blatant, full of lies, ad, being run by the NO people. Voters will believe that shit if you don’t counter it.
  • It is preferable to go the Amendment route in this case because the Florida Legislature will not do due duty to the issue. An honest treatment of the medical marijuana issue will take some considerable moral courage, something which is sadly at a deficit in Tallahassee. The trouble will not so much be passing this amendment, but deliberate foot dragging and hindrance of implementation by politicians and bureaucrats. The only way to make this beneficial to patients is to put it out of the State’s reach. The opposition comes in three basic flavors; the first is the gateway legalization folks (who usually have little factual or logical or even a dishonest basis for their position. The second type is the gullible party voter ("if people go out to vote for this, they are more likely to be liberal or lean democrat, and thus, will help opposition candidates. I am a medical marijuana patient and a staunch conservative. I voted for Nixon, Ford, Reagan, Bush, Dole, Bush, McCain, Romney, and will vote for Trump. I have been a registered Libertarian for 40+ years. I use medical marijuana for chronic pain from my military service. The third type of opposition is those who have a financial interest in the opiate industry including the addiction treatment industry.
  • Hi Glynnda,
    The only way to compel Florida lawmakers to act in accordance with the opinions of the majority of the population in Florida is the constitutional amendment process. Fortunately the language of the amendment is loose enough that no further amendments should be required, but I agree that it is foolish to have to amend the constitution for such things: it would be much better if elected leaders in state (and federal) government actually responded to the will of the people they are supposed to represent instead of believing themselves to be our nannies who know what’s best for us. Makes you wonder if they are beholden to some entity other than the citizens. On this issue, they are literally willing to let very sick people suffer and die while calling them criminals for using cannabis as a treatment. It’s inhumane. I wish that what you said about the current laws covering the current need, but that simply isn’t true. The current laws are completely unworkable: they are for show only. I wish there was a legalization option on the table in Florida for cannabis, which as I’m sure you know is far less toxic than almost anything you can think of: in fact, the federal government has said you would need to consume many times your own body weight to have any toxic effect. I hope we can count on your vote in support of this amendment.
  • I just want to know why this has to be in the form of an amendment to the Florida Constitution? We have to have 2/3 of the citizens vote yes to make even one change in bad policy to it if passed. Go check out the “Pig” Amendment currently in the Florida Constitution. It is foolish to use our Constitution for something that will only affect a small part of the citizenry of Florida. This amendment proposal should be trashed and the laws that are on the books should be updated by the Florida legislature as is proper. There are plenty of medical marijuana laws on the books right now and they cover the need for the small part of the Florida Citizenry as they are. If it is found that they don’t these laws can easily be amended. There is only one reason to make this a Constitutional matter…..this is an effort to legalize marijuana in Florida. If this is the case then why don’t MJ supporters just come out and say so?
  • To all of those people saying they are undecided as to whether they should vote for this amendment, either because they think it is weak or restrictive, the same way the undecided voters who don’t think they will vote for either Hillary Clinton or Donald Trump just because they are not the “ideal” candidate or the best candidate they were hoping for, I say the following: GROW TF UP. This isn’t grade school anymore. No, you don’t always get what you want.
    As grown ass adults we should be able to think critically about not just the short-term implications of our choices, but rather the LONG-TERM effects that either this amendment (or even our future President) will have. We aren’t children anymore. We know there is more to the world than just BLACK or WHITE, yes and no, liberal and conservative.

    Let’s quit being so stubborn and vote for progress. Sure this amendment isn’t the biggest step in legalizing MJ, but it is a step forward. And any step forward is better than just standing around.

    - L
  • I am lost as to why this is a bad thing? The law is clear when it says it can treat other issues not just the specific ones listed. It states that a doctor can decide what is or is not a reason to have a medical card. I lived in Ca for 3 years and this is the exact same law they have there. It does not stop anyone from getting a recommendation and their card. PTSD or anything like it hell that’s every mental disorder under the sun. I really have no earthly idea what more you want out of the law besides it being recreational. And in this state there is no way it would pass recreational not with all the conservative snow birds. This is a stepping stone and a good one at that.
  • This is a bitterly disappointing amendment in that it is far too restrictive in its language. There are so many other conditions for which marijuana should be legitimately prescribed, but sadly the authors of this amendment did not have sufficient faith in themselves or the voters DURING A PRESIDENTIAL ELECTION YEAR to put forth the same language as original Amendment Two submitted in 2014 and very narrowly defeated (a defeat of 2.6%) in non-presidential election year.

    I am undecided whether I will vote for this weak, ineffective version of Amendment Two- I won’t vote against it, but most certainly won’t take the same proactive measures in seeking support from others that I did in 2014. It’s a shame Morgan and Pollara did not have the strength of conviction to put forth a meaningful amendment and instead did their best to placate those who will likely not support this measure regardless.
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