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 27 reactions

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.
commented 2015-07-31 11:10:29 -0400 · Flag
The concerns i have are to the department setting THC levels, having to get an annual id card instead of it lasting permanently and how much the id cards and taxes are going to be. The tax should have been set to 10% or lower. Please fix this if you can. Also please specify who can grow it. Other than that this is a great amendment.
commented 2015-06-14 12:44:50 -0400 · Flag
Will the caregivers be able to grow?
commented 2015-06-14 12:42:11 -0400 · Flag
I see NOTHING in the wording about home grows??, so we will be forced to buy meds from overpriced dispensaries? That is unacceptable!
commented 2015-04-06 16:46:15 -0400 · Flag
Florida Supporters of last years Constitutional Amendment have been thrown under the bus by this years Petition Campaign. Last years Amendment language would have allowed patients with any debilitating condition to use Medical Marijuana. This years Amendment has been changed to allow only those with specific diseases to get relief. This is effectively cutting out 90% of those who donated and voted for last years amendment. This compromise was completely unnecessary as 50% of the NO Vote came from 70 – 90 year old voters . According to actuarial tables, over 10% of those NO Voters will be dead before the next election. This is viewed as a unacceptable move by a large number of the YES voters who are refusing to sign the new petition and vowing to vote NO if it is on the ballot with the new language that will leave out most patients. A Very high percentage of people in Florida want FULL LEGALIZATION of Marijuana for any purpose.
commented 2014-11-10 18:38:23 -0500 · Flag
The language of this was quite clear. Unlike obamacare, you did not have to pass it to see what was in it. If drug dealers were licensed under this amendment as care givers, then it was the state that licensed them. Besides, Any self respecting drug dealer would not go near this. They would loose money and reputation. Medical MJ is coming and I believe recreational use will not be far behind. While I don’t really care about the recreational part, I do care about the medical side. The “pill mill” doctors have been prosecuted and so would stupid doctors who would abuse this. The only people who don’t want this to pass are the money losers. Jails and Big Pharmas. I would give ANYTHING to get off narcotics. You people who are opposed to this have no idea what it is like.
commented 2014-11-08 23:56:57 -0500 · Flag
So to get a prescription, I would need to have “conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient”
Depending on the physician as defined by the official language, this could actually be a mild fever or spiritual crisis, virtually anything. I’m shocked by how broad a brush was used to paint this picture of legitimate law, but I must say it’s a step in the right direction. Non-medical community of recreational smokers love this kind of language because no one is held liable for “medical use” if they go through the “proper channels.” However I would urge them to remember that penalties currently remain the same for those who buy it untaxed or homegrown. I believe we’ll soon be alongside the other states who have already taken steps toward ending the prohibition of marijuana, but perhaps it won’t happen all at once. Until then we can talk about it, and start the discussions that will get the people’s voice heard.
commented 2014-11-04 15:54:43 -0500 · Flag
If the ballot goes through will Florida recognize other states medical cards?
commented 2014-11-02 12:39:44 -0500 · Flag
I just read the the legislation and there is no provision about protecting drug dealers Alan, the caregivers can only give their services to 5 patients and they must be approved by the State of Florida, the “so called” drug dealer protection is a pack of lies you heard on tv, not the truth.
commented 2014-11-02 12:32:38 -0500 · Flag
I like the law though I wish they would allow the patient to grow their own
commented 2014-10-31 15:31:24 -0400 · Flag
The commercials that compare Medical Marijuana Dispensaries to pill mills and caregivers to drug dealers are very inaccurate. Heck, they are downright LIES. Marijuana and hemp were not always demonized. In fact quite the opposite.
I actually saw another commercial that stated there are no studies that show marijuana has medicinal properties. Those are the true criminals- The paid shill liars.
commented 2014-10-30 08:41:56 -0400 · Flag
unless i can get access to this for my insomnia rather than be prescribed bullshit sleeping pills that make me feel worse and make you want to kill yourself, i won’t vote for it. the language just has a specific group of people. maybe i’m wrong…
commented 2014-10-24 11:14:14 -0400 · Flag
where can i find the vote yes on 2 signs? im in ft walton beach
commented 2014-10-22 11:39:22 -0400 · Flag
so the excuse for not wanting this is the caregiver part really? did you not read the amendment? under “duties of the health department” section B states persons “qualified” to assist with patient’s. and the health department will set rules about who can and can not be qualified. Do you really think the department of health will allow felons to be caregivers? i do not.and just another point about that is drug dealers do not need drugs from the high priced state ran store with low THC marijuana. drug dealers have drugs all they need from the black market and they chose to sell to children and never ask for ID’s. the people who profit from marijuana being illegal is drug companies, law enforcement, prisons and drug dealers. all profit from keeping marijuana illegal. marijuana could replace all pain killers except the very strongest but vicoden, percocet, codine all the top selling pain killers that cause so many deaths and addictions each year. could be replaced by a plant you could grow in your back yard for free. can you imagine how scared big pharma is at that prospect. and if you want to see the police admit it should be legal all you need to do is get ride of the illegal act of taking property from civilians for drugs and they cops wont want to waste time with pop any more they will focus on crimes that actually have a victim. other that a victim war on people’s right to chose. i say lets make alcohol illegal again. no you say why not? because we will get criminals selling it on the black market to our kids? really do you think that would happen if we made booze illegal? do you think the people selling illegal booze would ask for ID’s of course if we made booze illegal it would dry up tomorrow wouldn’t it? why do people who want pot illegal say booze is not the same? other than booze kills 100’s of thousands of people a year and if a factor in many domestic abuse problems which marijuana does not? is there a secret white people club i’m not in where you explain that it is all about needing a way to put poor black males in jail to stop the revolution? the truth is there is not one single LOGICAL reason for marijuana to be illegal and booze and cigarettes to be legal.
commented 2014-10-22 06:21:14 -0400 · Flag
Vern, I think you mean “invasive”, and it’s already there. The simple fact is this, it’s already present, most people who want to get it, can get it with no issues at all, the people who are sick, elderly, and suffering, that need this medicine are the ones that have the hardest time gaining access to it, and they shouldn’t suffer because of your unsubstantiated fears. If you don’t vote yes on 2, you are at the very LEAST misinformed by all these ridiculous anti amendment 2 advertisement, or you are simply a cruel and heartless person. There are absolutely no other reasons that you wouldn’t vote yes on this amendment. Despite the fear mongering being crammed down everyone’s throats, additional restrictions CAN and WILL be put in place. That is guaranteed. If it does not pass, it will set medicinal available back for years in Florida, meanwhile innocent people will be made to suffer. That is not right. Vote YES on to on the 4th.
commented 2014-10-09 09:51:44 -0400 · Flag
Don’t need any more evasive weeds in Florida
commented 2014-10-07 10:52:31 -0400 · Flag
@alan Louis Please, drug dealers are the ones that will loose the most money because of this bill. Along, with law enforcement.
commented 2014-10-06 20:08:36 -0400 · Flag
Amazing how many people want to pass the Drug Dealer Protection Act, aka Amendment 2.
Remove the language that indemnifies drug dealers, aka personal caregivers, from civil and criminal liability and I would vote for this. As it is, it’s obscene that hairdressers, cab drivers, real estate agents, etc can be sued but drug dealers can’t!
commented 2014-10-04 08:54:44 -0400 · Flag
In states that have passed medical marijuana the use of oxycodone and other similar drugs is significantly reduced. This LOWERS heath expenses and insurace costs. Deaths from these drugs are down 25%! Vote yes and save lives! Big pharma will loose some business to medical marijuana so they don’t like it. Same goes for alcohol and other industries that prey on the sick and poor. They hide from the deaths they cause and lie about marijuana which is one of the safest drugs on the planet…no one has ever died from an overdose of pot! Can’t say that about Oxicodone or alcohol. Vote YES and save lives.
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 2014-08-02 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 2014-06-17 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.