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Validated! On the Ballot in Fla in Nov 2014

hereigrow

Member
It's a bunch of convoluted lawyer jargon. Boring as all hell there is no way to get through 175 pages and comprehend anything my mind wanders as I read that stuff lol...
 

hush

Señor Member
Veteran
^ Thanks, man, please do! If things change there I might just be able to move back to my home state again!! :D

I'm most interested in finding out if medical patients will be able to grow their own, or if they will be forced to get it from dispensaries or the like. :tiphat:
 

stihgnobevoli

Active member
Veteran
HB859 SB962 both are pretty identical. one for the house and one for senate.

it all looks good to me, i just hope they approve the numbers and don't try and cripple it too much before final approval. it's so close i can almost taste it guys, we just need to get out there and...lol... "smoke the vote"


farms: ->must be on agricultural land as sanctioned by state/ must be legit farming biz

These are the diseases explicitly covered.
(17) "Qualifying medical condition" means:
(a) Acquired immune deficiency syndrome (AIDS) or positive
status for human immunodeficiency virus (HIV);
(b) Alzheimer's disease or agitation of Alzheimer's
disease;
(c) Amyotrophic lateral sclerosis (ALS);
(d) Anorexia;
(e) Cachexia;
(f) Cancer;
(g) Chronic debilitating pain;

[GLAD THEY HAVE THIS IN HERE. I DON'T HAVE CANCER, BUT I AM IN CONSTANT PAIN]

(h) Damage to the nervous tissue of the spinal cord with

objective neurological indication of intractable spasticity;
(i) Decompensated cirrhosis;
(j) Epilepsy and other disorders characterized by
seizures;
(k) Fibromyalgia;
(l) Glaucoma;
(m) Hepatitis C;
(n) Inflammatory bowel disease, including Crohn's disease;
(o) Multiple sclerosis and other disorders characterized
by muscle spasticity;
(p) Muscular dystrophy;
(q) Nail-patella syndrome;
(r) Neuroborreliosis;
(s) Organ transplantation;
(t) Painful peripheral neuropathy;
(u) Parkinson's disease;
(v) Persistent nausea or severe emesis;
(w) Post-traumatic stress disorder (PTSD); or
(x) Terminal illness, if the physician has determined a
prognosis of less than 12 months of life.
(18) "Qualifying medical treatment" means:
(a) Chemotherapy;
(b) Radiotherapy;
(c) The use of azidothymidine or protease inhibitors; or
(d) Treatment of a qualifying medical condition as
specified in subsection (17).

RULES FOR DISPENSARIES
(a) A qualifying patient may not purchase within a 30-
day period more than:
1. Two hundred and fifty grams of usable cannabis; and
2. Six cannabis plant seedlings.
(b) A patient's caregiver may not purchase within a 30-day
period more than:
1. Two hundred and fifty grams of usable cannabis for each
qualifying patient that the caregiver is connected to through
the Department of Health's registration process as indicated on
his or her valid registry identification card; and
2. Six cannabis plant seedlings for each qualifying
patient that the caregiver is connected to through the
Department of Health's registration process as indicated on his
or her valid registry identification card.


(3) If the department fails to adopt these rules by
January 1, 2015, a registrant may commence an action in a court
of competent jurisdiction to compel the department to perform
the actions mandated under this section.


this is the juicy part you were all waiting for. i'll bolden it up some.
499.803 Cannabis for medical use.—
(1) Notwithstanding any other provision of law, a
qualifying patient may cultivate, possess, and administer
cannabis for medical use and possess and use drug paraphernalia
in accordance with this part and department rule only after
obtaining a signed, written prescription from a physician in
accordance with s. 499.805 and a registry identification card
from the department.
(2) Notwithstanding any other provision of law, a
patient's caregiver may cultivate, possess, and administer
cannabis for a qualifying patient and possess, deliver, and use
drug paraphernalia for the sole purpose of assisting in the
qualifying patient's medical use of cannabis in accordance with

this part and department rule only after obtaining a registry
identification card from the department.

(10) If the department fails to act upon a request for a
registry identification card within 35 days after receiving the
registration form, the card is deemed granted, and the copy of
the registration form is deemed a valid registry identification
card.

LIMITS said:
499.804 Restrictions on the use of cannabis for medical
1330 use.—
(1) A person who seeks designation as a qualifying patient
or the patient's caregiver must register with the department.
(2) A patient's caregiver may be connected to up to three
qualifying patients through the department's registration
process as indicated on the caregiver's valid registry
identification card.
(3) A qualifying patient or the patient's caregiver shall
deliver or distribute cannabis in a labeled container or sealed
package in a manner and method established by rule.
(a) The maximum amount of cannabis which a qualifying
patient may possess at any given time is 250 grams of usable
cannabis, eight mature cannabis plants, and eight immature
cannabis plants.

(b) The maximum amount of cannabis which a patient's
caregiver may possess at any given time is:
1. The number of grams of usable cannabis determined by
multiplying by 250 the number of qualifying patients to whom the
caregiver is connected through the department's registration
process as indicated on the caregiver's valid registry
identification card.
2. The number of mature cannabis plants determined by
multiplying by 8 the number of qualifying patients to whom the

caregiver is connected through the department's registration
process as indicated on the caregiver's valid registry
identification card.
3. The number of immature cannabis plants determined by
multiplying by 8 the number of qualifying patients to whom the
caregiver is connected through the department's registration
process as indicated on the caregiver's valid registry
identification card.
(4) If a cardholder cultivates his or her own cannabis for
medical use, the cardholder must do so in a room, greenhouse,
garden, or other enclosed area that is kept locked and out of
the public view. This subsection does not apply when the plants
are being delivered or distributed:
(a) Because the cardholder is changing permanent residence
or temporary residence as defined in s. 775.21; or
(b) To the property of the cardholder or, in the case of a
caregiver, to the property of the caregiver's qualifying
patient.
(5) Cannabis may be administered at a medical treatment
facility if allowed by the facility and if a qualifying patient
is receiving medical care for a qualifying medical condition or
treatment. Cannabis may not be administered by or to a
qualifying patient at a dispensary or in a public place.
Long story Short = Cannot use in public, at a dispensary, can only medicate at home, at a "medical treatment center", or otherwise not in view or in any public facility.

may not use intoxication as a defense. in court if you have a card and knowingly medicated. duh!


stealing power automatically means you were trying to skirt the law and grow more for profit.= felony charge
practically the best part.
REMOVES MARIJUANA FROM EVERY STATE LAW!!!!!!!!!!!!!!!!!!! if you have a card

Section 12. This act shall take effect October 1, 2014.


- doesn't require insurance to cover, doesn't say they can't either.
- non federal employers can't make you take a drug test. can't refuse to hire you simply because you have a card.


paraphernalia is illegal now unless you have a card. need a separate license to sell it now i'll assume. misdemeanor first offense. 3rd degree felony for subsequent
 

m314

Active member
ICMag Donor
Veteran
paraphernalia is illegal now unless you have a card. need a separate license to sell it now i'll assume. misdemeanor first offense. 3rd degree felony for subsequent

Well that's stupid. Legalizing medical weed but making bongs illegal. It's like taking two steps forward and one step back. That will shut down all the good businesses I used to buy pipes from.
 

whatthe215

Active member
Veteran
thank you stignohbfilized for doing the reading and summarizing. it sounds pretty good, i'm glad the anti-tapping provisions are in there to keep the enterprises out.

i imagine it won't take long for RXs to be distributed considering the current RX painmed system (or has it gotten way more locked down in the past few years?)
 

generalgreenous

New member
(17) "Qualifying medical condition" means:
(a) Acquired immune deficiency syndrome (AIDS) or positive
status for human immunodeficiency virus (HIV);
(b) Alzheimer's disease or agitation of Alzheimer's
disease;
(c) Amyotrophic lateral sclerosis (ALS);
(d) Anorexia;
(e) Cachexia;
(f) Cancer;
(g) Chronic debilitating pain;

[GLAD THEY HAVE THIS IN HERE. I DON'T HAVE CANCER, BUT I AM IN CONSTANT PAIN]

(h) Damage to the nervous tissue of the spinal cord with

objective neurological indication of intractable spasticity;
(i) Decompensated cirrhosis;
(j) Epilepsy and other disorders characterized by
seizures;
(k) Fibromyalgia;
(l) Glaucoma;
(m) Hepatitis C;
(n) Inflammatory bowel disease, including Crohn's disease;
(o) Multiple sclerosis and other disorders characterized
by muscle spasticity;
(p) Muscular dystrophy;
(q) Nail-patella syndrome;
(r) Neuroborreliosis;
(s) Organ transplantation;
(t) Painful peripheral neuropathy;
(u) Parkinson's disease;
(v) Persistent nausea or severe emesis;
(w) Post-traumatic stress disorder (PTSD); or
(x) Terminal illness, if the physician has determined a
prognosis of less than 12 months of life.
(18) "Qualifying medical treatment" means:
(a) Chemotherapy;
(b) Radiotherapy;
(c) The use of azidothymidine or protease inhibitors; or
(d) Treatment of a qualifying medical condition as
specified in subsection (17).

First off let me say a great big THANK YOU to you stihgnobevoli for taking a nearly 200 page legalese nightmare and simplifying it so that any normal citizen can understand it. I have a few questions that I hope you can help me with...

I have been hearing a lot of arguments from the opposition of this bill about how "easily" just about anyone with so much as a sniffle will be able to get a cannabis recommendation, based on the wording. From the looks of the details regarding covered medical conditions, this is not the case. It doesn't appear that there is any access to cannabis for those with psychological conditions, such as anxiety, depression, insomnia, OCD, migraines, etc. Is there a provision in the amendment for this as far as doctor determined necessity, or does it seem like it will have to be taken up with the legislature after passage?

Also, what exactly is the difference between Amendment 2 and HB859/SB962? I came across some arguments online regarding whether amendment 2 should be voted yes/no as it does not specifically address growing your own meds. Is there any input you can add that might help clarify some of these points? Thank you again for your help!
 

StayHigh149

Member
Great!! I can see the Florida rush now....dammit why did I move from WPB 8 yrs ago????

1 question, how can it b effective 10/2014 when the vote isn't until 11/2014?
 

Morcheeba*

Well-known member
Veteran
the bills above are totally separate from the vote in 11/14 and that is why effective date of 10/14.


Stihg,

it bothers me that the below part was included in one of the bills b/c a physician CAN NOT write a prescription for a Schedule I controlled substance........the reason it has always been worded 'recommend' Cannabis.



"499.803 Cannabis for medical use.—
(1) Notwithstanding any other provision of law, a
qualifying patient may cultivate, possess, and administer
cannabis for medical use and possess and use drug paraphernalia
in accordance with this part and department rule only after
obtaining a signed, written prescription from a physician in
accordance with s. 499.805 and a registry identification card
from the department. "
 

stihgnobevoli

Active member
Veteran
if you read the bill they explain it. this bill is for the state, it does not violate any federal laws. doctors are licensed on a state level not a federal level. the bill only amends state laws and as i said before it removes marijuana from ALL laws. so yeah the doctor can write you a prescription. the way they worded it is simply "there is no law that says you HAVE to prosecute federal laws on a state level, and all rights not exclusively granted in the constitution belong to the state, so...yeah we can legalize marijuana on a state level"

@GeneralGreenous
yeah nothing in there for mental afflictions. but its most likely because there aren't too many studies about marijuana and mental benefits. we know it relieves mental ailments, shit i'd never leave my house if it wasn't for the power of weed. we'll just have to take it as it is for now and add on to it later.

it's got some things to be desired, but so far imho it's about the best medical law in the whole US of A if it passes. it's not all wild and loose like the CALI mmj, but it's also not as tight as...what is it NJ? and IL where you can only buy from "state run radio" it's got home grows so that it doesn't just turn into obamacare for weed guaranteeing a payday for big pharm, and it's also got legalized farming where you don't need to be a medical patient, you can simply choose to be a weed farmer. this one is for all you guys who need to grow 10000 plants. buy a farm, get a license and shazah!!! you can sell to the public as well as dispensaries.
 

Morcheeba*

Well-known member
Veteran
if you read the bill they explain it. this bill is for the state, it does not violate any federal laws. doctors are licensed on a state level not a federal level...


I have read both and you are telling me a physician can write a prescription for Cannabis while it is a Schedule I controlled substance?

why then is it a 'recommendation' to use Cannabis in all med states and not a prescription.

ill do some checking but I believe a Schedule I controlled substance is deemed to have No medicinal value and can not be prescribed.


EDIT: this is what I gather from a lil research on the fda/dea website.
the DEA maintains control over all Schedule I controlled substances and those classed as a Schedule II, III, IV and V are what the FDA controls and can be prescribed by a physician.



peace
 

iBogart

Active member
Veteran
Imo, the bills submitted in the Florida House and Senate are D.O.A. Waste of energy to even discuss it. The majority of the legislature has a Pam Bondi mindset. We got a vote on the ballot for mmj this November. That's worth a discussion.
 

generalgreenous

New member
Imo, the bills submitted in the Florida House and Senate are D.O.A. Waste of energy to even discuss it. The majority of the legislature has a Pam Bondi mindset. We got a vote on the ballot for mmj this November. That's worth a discussion.

So what exactly is the deal with HB859/SB962, is it strictly to be voted upon by the house and senate? Is amendment #2 the only one that is to be voted on by the people? How do we mobilize to let these pricks know that we are right along side the 40% of US states that have passed legislation regarding mmj or decriminalization?
 
B

BrnCow

I really hope the hell you guys get this done. The South needs some positive news. The gd anti pot Illuminati down here is very strong and they are as ignorant as a hog's ass. They are the same crew that bought into the government hype and bs. Remember hippys getting kidnapped and forced haircut with sheep shears on the side of the highways? That's them! They need to be run out because they are fucking up the whole deal with their state government plants and secret corporate attacks on people that get busted for even a joint. Try to go to work and they blackball you to the point no one will hire you. Good luck Florida! We need a big win!
 

stihgnobevoli

Active member
Veteran
Also, what exactly is the difference between Amendment 2 and HB859/SB962? I came across some arguments online regarding whether amendment 2 should be voted yes/no as it does not specifically address growing your own meds. Is there any input you can add that might help clarify some of these points? Thank you again for your help!

now i read the majority of both bills, the only parts i skipped are the long ass penal codes which make up at least 1/2-2/3 of both documents. verbatim. those sections are dealing with the amendments to the penal code of florida removing marijuana as an offense in any crime except as stated, for a mental defense and if you don't have a card.

the rest of both bills is identical. one is for the senate SB (senate bill) and the other is for the house (HB house bill)

i dunno why people are saying vote for one and not the other. they are both the same, and WE don't get to vote on either one. the senate committees writing the wording of the law are the only ones who vote on this. WE vote on whatever the final form is that they approve. elections are in may right? so we should have the final version by sometimes in april.

these(this) bill as is has the best benefits to US we the people as is. if they cripple it some on the dispensary and farm parts i don't mind too much. it would be nice if they covered mental "illnesses" too, but lets try and get it passed based on the pain and anti cancer studies and amend it later to add mental ailments.

i mean this is the south we're lucky we have gotten this far, LET ALONE this far with the loosest MMJ law in the land.

VOTE VOTE VOTE!!!
 

Tudo

Troublemaker
Moderator
ICMag Donor
Veteran
Saw this from another forum:

n 2008, Gov. Charlie Crist (R) signed into law HB 173, which strengthened penalties for cultivating marijuana in Florida by making it a third-degree felony to own a house, knowing it is used for cultivating, packaging and distributing marijuana. It also makes growing 25 plants a second-degree felony, lowering the threshold from 300 plants, and a first-degree felony if children are present.
Chain Gang Charlie is a fraud
 

StayHigh149

Member
Saw this from another forum:

n 2008, Gov. Charlie Crist (R) signed into law HB 173, which strengthened penalties for cultivating marijuana in Florida by making it a third-degree felony to own a house, knowing it is used for cultivating, packaging and distributing marijuana. It also makes growing 25 plants a second-degree felony, lowering the threshold from 300 plants, and a first-degree felony if children are present.
Chain Gang Charlie is a fraud

People change, politics change, the attitude towards mj changes. 2008...6 years is a long time. How many sstate were legal yearz ago. How many states had med programs 6 years ago.
I don't vote solely on a candidates mj views, there is alot to consider. It's good to know that he is open-minded enuff to change with the times...
I just hope yawl's house/senate acts on the bills & they don't die in committee (if it works like that, I don't study govt).
 
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