Ballot Language

CONSTITUTIONAL AMENDMENT PETITION 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 AND SECTION BEING CREATED OR AMENDED: Article X, Section 29

FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT:

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

(a) PUBLIC POLICY.

(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.

(c) LIMITATIONS.

(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.

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Showing 56 reactions

commented 2016-04-21 02:35:45 -0400 · Flag
Omg do you people even understand how law works????
commented 2016-04-21 01:04:59 -0400 · Flag
That’s bullshit when you say we will be able to add later on to the amendment. We all can read and what we see will not benefit anyone but the prisons and the pharmaceutical companies now and future sooo ,I’m voting NO on this amendment till they come with one that benefits us All.
commented 2016-04-20 22:03:55 -0400 · Flag
Dude really…. It’s not the same. There are a lot more stringent rules on the one they just passed. Its garbage. Ita not ganna help anyone.
commented 2016-04-20 21:57:56 -0400 · Flag
btw PART TWO
Everyone this bill says it will help==HAS ALREADY BEEN HELPED BY THE NEWDEAD IN A YEARLEGALIZING MARIJUANA WITH THC BILL THAT JUST PASSED.

SO NOT VOTING FOR THIS WILL NOT STOP PEOPLE FROM GETTING THIS WHO ARE ON THIS LIST. AND PEOPLE LIKE ME ARE JUST SCREWED IF THEY CAN’T MOVE ELSEWHERE.
SINCE i CAN’T WALK THAT’S PRETTY UNLIKELY.

GUESS I GOTTA DIE FIRST THEN GET THE RIGHT TO TREAT MY ILLNESS LOGICALLY.

THE ONLY HOPE THIS HAS OF PASSING IS IF PEOPLE LIKE ME ASSUME IT SAYS WHAT IT USED TO SAY AND DON’T RE-READ TO FIND OUT IT DOESN’T!! BECAUSE THE PEOPLE THIS COVERS ARE NOW ALREADY LEGAL TO BUY AS OF LAST WEEK!
commented 2016-04-20 21:32:56 -0400 · Flag
BTW—I’VE WORKED TO HELPEVEN AS A CRIPPLEMAILED PETITIONSTALKED TO PEOPLEPUTTING MYSELF AT RISKBUT JUST NOW READ THIS AND DISCOVERED THE CHANGES. i GOTTA SAY I’M TICKED OFF! AND FEELING VERY USED!
commented 2016-04-20 21:30:15 -0400 · Flag
AMEND IT? DO YOU HAVE A FEW MILLION TO DONATE TO GET THE SIGNATURES FOR THAT? THE CRACKER MAJORITY IS SLOWLY EATING AWAY AT OUR BASEFIRST THE KIDS WITH SEIZURESNOW A FEW PEOPLE WHO WILL DIE IN A YEARWITH THIS A FEW PATIENTS BEYOND THAT WITH A FEW DISEASES ONLY! PTSD MILITARY. CANCER. KATHY JORDAN WITH ALS! WHEN THEY ARE ALL GONE THEN WHAT BUTTON WILL WE PUSH TO GET ATTENTION? WHO WILL CARE IF WE DIE FROM NARCOTICS WE HAVE NO CHOICE BUT TO KEEP USING!
commented 2016-04-20 21:25:23 -0400 · Flag
BTW—I’d like to grow too—but was willing to pass on that for now and bite the bullet on cost until the next round. BUT I AM NOT WILLING TO HAVE THE BULK OF US GET LEFT OUT AGAIN!!!
commented 2016-04-20 21:11:58 -0400 · Flag
What people don’t understand about this amendment is that we can add things to it later like full legalization for example. The police nor the legislators can remove the amendment. Only the people can vote it back out. But it will never be voted out. We can always amend the medical marijuana amendment to include growing plants ect… This is a very good step forward in the right direction to bring relief to people that need it.
commented 2016-04-20 21:08:00 -0400 · Flag
All you need is a doctors recommendation/prescription to get it.
commented 2016-04-20 21:01:57 -0400 · Flag
I don’t see PAIN on here as a qualifying condition. Am I missing something? If not, then I gotta vote no. Sorry, but I am sick and tired of these Fl half baked worthless laws that benefit only a handful of the people who need it! Please, someone tell me I’m wrong. Diabetic neuropathy and multiple orthopedic conditions (several plates in screws in an arm and leg!)
commented 2016-04-03 08:31:17 -0400 · Flag
United For Care sold out all Floridians. Their fair and balanced 2014 ballot initiative missed passing by just 2 percentage points and would have been a slam-dunk if they had just re-upped it for 2016. Instead, for 2016 they have put a worthless bill that will restrict legal medical use to just a hand-full of Floridians. Why? Because if the 2014 ballot language had been renewed, the big losers would have been Florida’s privatized, for-profit prison system which would have lost over 50% of its “customer-base.” United For Care is a traitor to all Floridians.
commented 2016-04-01 13:05:49 -0400 · Flag
This looks as if United for care is in the pockets of big pharma and the government by not including caregivers or patients being allowed to grow at home. They say it’s because of controlling quality, Colorado seems to have no problem, why can’t Florida follow suit. By not allowing patients or caregivers you allow government and big pharma to keep us under there control.
commented 2016-04-01 12:58:12 -0400 · Flag
I have always been for anything that would help patients, but if by voting for this the way it is written and not allowing patient or caregivers to grow, I and many others will vote NO! We need to not allow government and big pharma to continue to control what WE THE PEOPLE deserve.
commented 2016-04-01 12:48:11 -0400 · Flag
The one thing that really is of concern is the fact of having “caregivers” who really don’t care what chemicals that are used on this plant, an amendment should require that all caregivers obtain a CLEAN GREEN designation which is much higher than organic ensuring a clean pure products.
commented 2016-03-15 10:11:17 -0400 · Flag
I didn’t suggest that every single one of the 400k with debilitating conditions would benefit from MMJ. But if only a handful, or even one person was relieved from their pain and suffering, then amendment 2 was worth it. But I would gather that of the 19 million people living in Florida, and the influx of tourists that visit here, over the course of many years, many more than 400k would benefit from MMj’s use.

Your assumptions are, again, incorrect. I’m an advocate for patients’ rights and for MJ and MMJ legalization; I have been for over a decade across the US. If MMJ, as you say, makes me a BigPharma person, which it doesn’t, then you should be called a Prohibitionist. Prohibitionists like yourself would rather keep any form of MJ illegal, unless it suits your own agenda (growing it). Throw the baby out with the bathwater; you’d rather condemn everyone who’s trying to make any form of MJ legal, even if it’s MMJ, than help people ease their suffering and support its’ efforts of passing. A Prohibitionist like yourself would rather buy unregulated modly skunk weed on the streets from a drug dealer, and keep drug cartels in business and children at risk of violence. Prohibitionists like yourself don’t see the jobs this new industry in FL would bring to thousands of people; you don’t care about the lives that MJ or MMJ would save because only a sociopath would ascribe to keeping something illegal when it could improve the lives of potentially millions of Floridians. You’re most likely not one of the people who are debilitated or seriously ill that MMJ could help, because you just don’t care about others; it’s evident.

And lastly, you just don’t seem to get it that no one is making money off this but the states, who put it back into building new schools, education about MJ and new research for MJ. Just look at Colorado with the billions that the state has made and the schools being built, MJ education and new research into MJ, as well as left over monies from MJ taxes that the state will be giving back to its citizens living there. No, that doesn’t concern you at all, because your shortsightedness narrow-minded thinking only sees the agenda of ‘we want to grow, or to hell with everything and everyone else’. There’s a word for that kind of person: Sociopath!

Your one measly vote won’t matter in the grand scheme of things because there are many other people, by just voting YES and passing amendment 2, that will be helping the sick and dying find relief.

You can find joy knowing that you did absolutely nothing to help people who are sick and dying, or children, or job creators, the unemployed, education of MJ or anything else that falls under the category of legalizing MMJ in Florida, because you simply don’t care about anyone but yourself. And that makes you the lowest form of human being imaginable!
commented 2016-03-14 16:21:38 -0400 · Flag
As I said. That 400,000 people in Florida have a debilitating condition does not mean by ANY STRETCH of any reasonable persons imagination that every one of those people would reap any benefit from using marijuana. You Pro Medical marijuana people ( who should be called pro BIG PHARMA people ) are every bit as harmful to the cause of freedom and relief of the suffering as were the refer madness idiots of the 1920’s. There is better quality and quantity marijuana available on the street right now and for less money than there will be if this SCAM of an amendment is passed. When there is a single payer healthcare system and people can grow their own . That is the only time people will be able to get good care. When all of you profit bastards are taken out of the Health Care System permanently !
commented 2016-03-14 15:09:55 -0400 · Flag
Colin Cote, that figure is what UFC confirmed as people in Florida who in fact have a debilitating conditions. You can also go to the CDC and fact check it as being accurate.

Mr. Lockhard is selfish if he would be voting ‘no’ on this ballot by denying hundreds of thousands of seriously ill people relief that they can’t otherwise get from BigPharma drugs. Voting no would also keep MJ drug cartels in business longer and put children and adults further at risk from drug deals on the streets of Florida.

To that, you seem to believe that ‘the man’ is out to get us if we vote ‘yes’ for this bill because it will somehow line the pockets of politicians. The taxes derived from the sale of MMJ has already been set up to go toward schools, education about MMJ and research into it in Florida, so again, your assertion is incorrect.

It’s people like yourself and Mr. Lockhard that don’t see the big picture, but rather, because of your own ideology, would keep sick and dying people from getting MMJ legally. You also fail to recognize that Mr. Morgan has put millions of his own money into this bill; were it not for him, there would be NO chance of getting it passed. So while you vilify the world and people who are trying to do good, perhaps you should look past your own nose and see the benefit that people who need it the most (the sick and dying), instead of trying to assert a ridiculous argument that doesn’t favor or help anyone.

Vote YES on 2! That is, unless you don’t have a conscience!
commented 2016-03-14 14:18:22 -0400 · Flag
Steven Peters your figure of 5% of the population og this state that this amendment will help is complete fabrication. and Your statement that Timothy Lockhard is being selfish is complete bullshit. He is in fact being selfless in prefering to wait for relief for all rather than to sell out to Big Pharma and the traitors in the Florida Legislature who will only act on this to protect their own wallets. AS USUAL ! Ditto for Morgan and Morgan and Morgan and Morgan !
commented 2016-03-14 13:16:39 -0400 · Flag
Timothy Lockard, while I agree that we should be able to grow our own, your statement is quite selfish, because it doesn’t take into consideration the over 400k people in Florida that this amendment will help. While no initiative is perfect, this at least is a start in a growing acceptance of MMJ, and soon I would suspect, there will be provisions in a new draft after this one is voted in that allows us to grow our own. Though it may not be every single thing we want in a bill, this certainly is a giant leap to help those of us who need it the most.
commented 2016-03-14 12:43:44 -0400 · Flag
Why a medical doctor? They havent written for
it in nearly 100 years, and why only a state grower
can grow?
If you get a medical card you should be allowed to
grow your own. This is just a scam for them to make
money. I have uncontrollable Glaucoma by their med
and i say no to them screwing us again!
Recreational and or add in Grow your own or forget it!
commented 2016-03-06 14:43:04 -0500 · Flag
Florida needs to start somewhere with this. And medical is a great place. I haven’t found evidence that says that big pharma will be in control of the dispensary grows @colincote? Please share this information if you have it. Colorado started with medical and It really helped to work out all the kinks before full legalization was on the table. Your state will probably never allow this to happen. So lets help the patients and give them some REAL medication, so they don’t have to support the ‘pill farms’
commented 2016-02-25 18:07:49 -0500 · Flag
This bill does for medical Marijuana what the “Affordable Care Act” did for Health Care nothing. It puts medical marijuana in the hands of the legislature and Big Pharma. I will vote no until complete legalization is on the table.
commented 2016-02-25 06:30:54 -0500 · Flag
You gotta start somewhere, especially in a gerrymandered conservative run state, PLEASE vote Yes!!!
commented 2016-01-29 18:51:27 -0500 · Flag
You know it’s pretty sad to see the people on here trashing this amendment. I for one am not a user of the stuff however the opposition to this seems, to be entirely honest, selfish. This bill will help the people who need it most, I know a family whose three year old daughter in Michigan was suffering from such severe epilepsy that they took out part of her brain to try and stop them and even after that with 4 medications it wasn’t helping. 6 months of cbd oil treatment and she is down to one seizure med, virtually seizure free and can actually learn at a normal pace because she isn’t incapacitated by the barrage of medications she was taking. When you vote against this bill because you want to grow it for the broken leg you had 8 years ago, for your sore thumb or because you just want to smoke it you are voting against children like her and others who really need this. You give justification to the oppositions claims that this is about nothing more than stoners who want a legal buzz. The people like this don’t support helping the ill, you just want to help yourself and for that you should be ashamed.
commented 2016-01-29 10:05:22 -0500 · Flag
“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.” Just like the old amendment this leaves the door open for interpretation as to what is a “debilitating medical condition”. It can be whatever a licensed physician determines it to be which of course leaves the door open for a multitude of ailments that can be treated under the medical marijuana amendment. Voting no since I have determined that a society is better off with fewer drugs available to it then one with more.
commented 2016-01-29 00:27:24 -0500 · Flag
I will vote no to anything that does not include making the plant completely legal for people to grow and use for any purpose they see fit with no regulation by the state.
People need to be able to grow it for their own medicine, bio diesel fuel oil, textile, building materials and resins and just for their own recreational use if that is what they feel is within their liberty and pursuit of happiness ! Anything less is a violation of most basic rights !
commented 2016-01-29 00:22:11 -0500 · Flag
This amendment is only about one thing. Making sure that the marijuana industry will always be regulated and controlled by big money and the crooks in Tallahassee. It will in fact ensure that people will never have the right to grow their own medicine. John Morgan is only in to this for his own interests.
commented 2016-01-28 15:04:31 -0500 · Flag
this is all well and good ! but what about us that want it in our own gardens ! its not fair to us . forcing us to use the Med. professionals in order to have it ! Give us All back our Cannabis and we will all have the choice !
commented 2015-12-19 04:14:48 -0500 · Flag
I agree that past supporters from the previous campaign got the shaft on this initiative; to the point of a potential voting boycott. I’m not a candidate of the mentioned debilitating medical conditions, so this initiative tossed my medical treatment to the wayside I do have medical issues that cannabis definitely treats positively and helps me function and lead a better life. I’m able to limit myself and could more likely end a narcotic addition for back pain and sedative addiction for irritability and sleepliness.

I volunteered a decent amount of time for the 2014 ballot initiative and was frustrated that even though more people voted for legalization than not, the 58% was just so slightly short. Mr. Morgan is applauded for his dedication to the cause but why did the bill leave out so much progress that was achieved from 2014; an off year election cycle? Why such a limited criteria that lots of people with medical concerns, in which cannabis could treat, will be on the outside looking in? Why no concern to legalize “home grow” for patients and caregivers that do meet the debilitating standard? I really hate to think that greed has entered into this most important initiative for the drug, marijuana, to be medically prescribed.

Some folks think, "no grow’ because the inability to regulate and tax the growth of personal plants. Which lead me to ask this: In the state of Florida, prescribed drugs are not subject to taxation. Do you pay a tax on your cholesterol medication or any other drug for that matter? I think not. So why is this drug, marijuana, if legalised medicinally going to be subject to taxation? Perhaps, I don’t know, but maybe because cannabis isn’t FDA approved. The laws are certainly way behind realizing cannabis is not the threat put forth to the public during the past decades; times where marijuana was promoted as a drug that made you crazy. This is definitely not the case and given better research, the case would probably conclude that it treats madness.

The point being is cannabis when prescribed and or used properly has more, and even unknown, benefits to people that other marketed cures or treatments can’t measure up to. Why were these benefits from cannabis medical treatments left off the table?
commented 2015-08-17 02:58:16 -0400 · Flag
I find the language about “qualified caregivers” to be quite humorous. First off, if you can grow a tomato plant you can grow a marijuana plant (do not use miracle gro!) Second, how do they determine who is qualified? I was a medical marijuana patient and caregiver in Michigan before my family had to move down here for our sons health care needs and I’ve got more experience growing medical grade cannabis than most people, would I be considered qualified seeing as how I actually have prior experience and knowledge on the topic? I’d wager I know more than the big nurseries do, this idealist different than growing fern. No synthetic pesticides or insecticides can be used period and no organic pesticides or insecticides from the moment flowers appear. How are they going to prevent pollination from other plants if they grow in mass quantities outdoors? Pollen can travel miles and miles with a small wind and pollination means sub-medical quality and could potentially damage the genetics of the strains. How will they prevent mold and other weather related issues? Medical grade cannabis must be kept between no lower than 45 degrees and no higher than 75 degrees with a maximum relative humidity of 65%, something that will be very costly on a large scale in such a hot and humid climate. What about maintaining ph to prevent nutrient lock up and constant monitoring of the ppm of the organic fertilizers? This is why it is best left to the patients.
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