Ballot Language

CONSTITUTIONAL AMENDMENT PETITION LANGUAGE

BALLOT TITLE: Use of Marijuana for Certain Medical Conditions

BALLOT SUMMARY: 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.

ARTICLE AND SECTION BEING AMENDED OR CREATED: Article X, Section 29
Full text of proposed constitutional amendment is as follows:

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

(a) PUBLIC POLICY.
     (1) The medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability sanctions under Florida law except as provided in this section.
     (2) A physician licensed in Florida shall not be subject to criminal or civil liability or sanctions under Florida law for issuing a physician certification to a person diagnosed with a debilitating medical condition in a manner consistent with this section. 
     (3) Actions and conduct by a medical marijuana treatment center registered with the Department, or its employees, as permitted by this section and in compliance with Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law except as provided in this section.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:
     (1) “Debilitating Medical Condition” means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis or other conditions 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 person who has a physician certification or a personal caregiver who is at least twenty-one (21) years old and has agreed to assist with a qualifying patient’s medical use of marijuana.
     (4) “Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013).
     (5) “Medical Marijuana Treatment Center” 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 personal caregivers and is registered by the Department.
     (6) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana or related supplies by a qualifying patient or personal caregiver for use by a qualifying patient for the treatment of a debilitating medical condition. 
     (7) “Personal caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal caregiver may assist no more than five (5) qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five (5) qualifying patients as permitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient.
     (8) “Physician” means a physician who is licensed 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 potential benefits of the medical use of marijuana would likely outweigh the 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 of the patient and a full assessment of the patient’s medical history.
     (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 shall affect laws relating to non-medical use, possession, production or sale of marijuana. 
     (2) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.
     (3) Nothing in this section allows the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.
     (4) Nothing in this law section requires the violation of federal law or purports to give immunity under federal law.
     (5) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of education or employment, or of smoking medical marijuana in any public place.
     (6) 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.

(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 of qualifying patient identification cards to people with physician certifications, and standards for the renewal of such identification cards.
          b. Procedures for the issuance of personal caregiver identification cards to persons qualified to assist with a qualifying patient’s medical use of marijuana, and standards for the renewal of such identification cards.
          c. Procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance, renewal, suspension, and revocation of registration, and standards to ensure 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) Issuance of identification cards and registrations. The Department shall begin issuing qualifying patient and personal caregiver identification cards, as well as begin registering Medical Marijuana Treatment Centers no later than nine months (9) 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 Medical Marijuana Treatment Centers 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 provision.

(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 any court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible.

 

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Showing 11 reactions

commented 2014-09-21 02:15:48 -0400 · Flag
In my opinion this bill is very broad which is what I like about it because I don’t think anyone should be denied access to this plant God created for us to get some pain relief from.
commented 2014-09-12 13:36:25 -0400 · Flag
No laws are ever perfect when enacted, but it allows for certain provisions to be changed after it’s put into effect. Just like the constitution has had numerous amendments, so to will Amendment 2 ‘when’ it is passed in November.

I can’t image anyone who would deny a patient who is suffering a debilitating disease not to have a natural alternative to alleviating their symptoms. It’s a compassionate state that looks after its most ill citizens.
commented 2014-09-11 15:32:33 -0400 · Flag
This amendment is NOT PERFECT…But It is a START!
That is all I care about is to get it voted in, then they can tweak it if need be!!!!!
followed this page 2014-09-09 10:39:25 -0400
commented 2014-08-23 15:59:53 -0400 · Flag
I have collapsed discs in my lower back and neck and I suffer from Chronic Shoulder Instability. All three locations have arthritis too. The pain gets in my way constantly. I can’t take prescription pain medications long-term because they take away my ability to function or even to get out of bed. I use ibuprofen at least twice a day, but it’s not good enough and I’m concerned about kidney damage. I want this alternative to reduce my pain. I don’t want to suffer while I wait, but I have no choice. Please, let’s get this amendment passed now while we’ve got the opportunity. I love Florida, my home, and I want to stay here.
commented 2014-08-02 06:21:11 -0400 · Flag
While there are some big loop in this. I believe it is time to pass this bill. There is too much evidence that it DOES help certain conditions. I am on morphine for chronic and severe back pains as a result of collapsed discs, scoliosis, a bad operation and many other problems. I want more than anything to get off the morphine, not only to save my liver but because of the withdrawal symptoms when I forget to take it, or sleep too long. I pray that marijuana will help me. I would rather take my chances with it than the morphine. Thank you.
commented 2014-07-14 08:45:15 -0400 · Flag
No mention of bow it’s gonna be grown , who can grow ? So it’s up to legislators to decedent we are screwed even if it passes only ones they let now are 30 year old nurseries there’s to much left out of this law !!!!
commented 2014-06-17 21:16:15 -0400 · Flag
The time is now!!!!!
commented 2014-04-08 13:51:29 -0400 · Flag
This makes total sense and the time is now.
followed this page 2014-04-03 20:53:24 -0400
commented 2014-03-11 00:09:06 -0400 · Flag
I was born with NF1, there’s no cure. It comes along with many other disorders. This will help a whole lot. Instead if taking the pills. Yes, its painful and I have real bad anxiety. I have a swollen eye, that it looks like someone hit me in the face with a 2×4. Can’t have surgery on it or it will be worse.