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Florida's Amendment 2 for MMJ on the ballot for 2016

iBogart

Active member
Veteran
Medical marijuana qualifies for 2016 ballot; Will be Amendment 2 in November election

Posted by Brian Franklin 19304.60ep on January 27,

(Miami Beach, FL) - The Florida Division of Elections shows that the initiative petition, “Use of Marijuana for Debilitating Conditions”, has exceeded the 683,149 signatures required to be placed on the 2016 ballot. It will appear before voters as Amendment 2 in the November general election after the division issues their final certification on February 2nd, 2016. The amendment was previously approved by the Florida Supreme Court in a 7–0 decision.

“Compassion is coming,” said United for Care chairman, John B. Morgan, who largely funded the signature collection campaign for the initiative. “This November, Florida will pass this law and hundreds of thousands of sick and suffering people will see relief. What Tallahassee politicians refused to do, the people will do together in this election.”

Morgan continued, “Our language is stronger than in 2014 and it shows. Pam Bondi didn’t challenge us this time. The Court approved our language unanimously. The people of Florida are compassionate. We will win this election for the really sick people in our state.”

To be placed on the ballot, a constitutional amendment requires the signatures of 683,149 registered Florida voters as well as signatures representing 8% of the 2012 electorate in at least half of Florida’s 27 congressional districts. At the time of release, the Division of Elections was reporting that 692,981 total signatures and 14 congressional districts had qualified. In addition to the signature requirement, the Florida Supreme Court must opine on the constitutionality of the amendment language, which they did unanimously in a December opinion. A constitutional amendment requires a 60% vote in support to pass. The previous medical marijuana amendment, on the November 2014 ballot, received 58%, falling just short of passage.

United for Care’s campaign manager and treasurer, Ben Pollara, said, “This is a tremendous victory for patients and doctors in our state. Amendment 2 will pass this fall and less than a year from today Florida will join 23 other states and the District of Columbia in allowing physicians to recommend marijuana to individuals with debilitating conditions. Every day, doctors prescribe dangerous, addictive, and potentially deadly narcotics to their patients but can’t even suggest the use of marijuana, which has never killed a person in thousands of years of human civilization. Very soon, Florida doctors will finally have that option.”
 

dddaver

Active member
Veteran
http://www.unitedforcare.org/ballot_language_1

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
 

iBogart

Active member
Veteran
What about for chronic pain?


[FONT=Arial, Helvetica, sans-serif]"...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."

So if one doctor says no, find one that says yes.
[/FONT]
 

dddaver

Active member
Veteran
"[FONT=Arial, Helvetica, sans-serif]The Department of Health shall register and regulate centers that produce and distribute marijuana..."

I assume that means 'no grow' but that also means to me that the Fl gubment will also very likely hose it completely up so therefor this is almost meaningless to me. I will most likely vote for it but I will not do anything different than I do now.
[/FONT]
 

Old Toker

Well-known member
(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.”
A long, LONG way from legalizing desirable marijuana in our state. Medical.....Low-THC cannabis might help a few people so I will definitely vote for it.
 

Dawn Patrol

Well this is some bullshit right here.....
Veteran
[FONT=Arial, Helvetica, sans-serif]I assume that means 'no grow' but that also means to me that the Fl gubment will also very likely hose it completely up so therefor this is almost meaningless to me.[/FONT]
As always spot on in your observations. I've never allowed myself the luxury of believing I (or anybody else for that matter) would be allowed to grow their own in this state and the government is way too corrupt to allow anyone but those that have paid for the privilege to do so under Tallahassee's strict control and regulation.

[FONT=Arial, Helvetica, sans-serif]
I will most likely vote for it but I will not do anything different than I do now.
[/FONT]
I know too many sick people in need of this medicine that will likely be let down by the years of legal action against this measure if it passes and the legislatures inability to articulate exactly how this should work, so nothing will change for me either.
 

90days

Member
"[FONT=Arial, Helvetica, sans-serif]The Department of Health shall register and regulate centers that produce and distribute marijuana..."

I assume that means 'no grow' but that also means to me that the Fl gubment will also very likely hose it completely up so therefor this is almost meaningless to me. I will most likely vote for it but I will not do anything different than I do now.
[/FONT]

Wow! Im not even sure if people should even vote for this now. It kinda looks like a half ass bill just like the cbd one.
 

iBogart

Active member
Veteran
"[FONT=Arial, Helvetica, sans-serif]The Department of Health shall register and regulate centers that produce and distribute marijuana..."

I assume that means 'no grow' but that also means to me that the Fl gubment will also very likely hose it completely up so therefor this is almost meaningless to me. I will most likely vote for it but I will not do anything different than I do now.
[/FONT]

Oh definitely no grow. This is Florida after all.

What's interesting to me is the Department of Health has 6 months to enact regulations.

"[FONT=Arial, Helvetica, sans-serif](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."

In other words, file a lawsuit. Guess you'll need a lawyer. Hmm. Maybe call John Morgan's office?

See how the dots connect?
[/FONT]
 

dddaver

Active member
Veteran
Wow! Im not even sure if people should even vote for this now. It kinda looks like a half ass bill just like the cbd one.

The only reason I will probably vote for this is that I seriously doubt there would ever be anything any different out of Fl.
 
Ima vote for it, since its at least a start, but damn, I'd much rather them say we be allowed 6 plants or something like that.

I was hoping for better.
 

Morcheeba*

Well-known member
Veteran
i will vote YES but nothing changes for me either since patients will have to buy it b/c insurance will not cover it.

i can grow my own cheaper anyway.


peace
 
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