Vote a Dope Amendment 2 Florida Right to Medical Marijuana Initiative
The Ballot will read: • 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 nonmedical use, possession or production of marijuana.
Ballot Guarantees • Medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or sanctions under state law. • A licensed physician is not subject to criminal or civil liability or sanctions for issuing medical marijuana to a person diagnosed with a "debilitating medical condition" under state law. • Registered medical marijuana treatment centers are not subject to criminal or civil liability or sanctions under state law.
What is a “debilitating disease”? • “Debilitating medical condition is cancer, multiple sclerosis, glaucoma, hepatitis C, HIV, AIDS, ALS, Crohn's disease, Parkinson's disease or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”
Who are the “caregivers”? • The Florida Department of Health would be responsible for regulating medical marijuana. The department would issue and regulate patient identification cards and personal caregiver identification cards. • Two criteria: (1) 21 years old or older, and (2) who has willingly agreed to be licensed to help a patient.
Caregiver Restrictions – So far • Caregivers, whether they are personal assistants to patients or staff at a hospice or medical facility, are limited to five patients and are not allowed to consume the medical marijuana. (What about the pizza?) • Other restrictions and definitions TBD after/if the Amendment passes.
Violations of federal/state law • Does not affect laws relating to non-medical use, possession, production or sale of marijuana. • Does not authorize the use of medical marijuana by anyone other than a qualifying patient. • Does not allow for the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.
Violations – pg.2 • Does not require accommodations for medical marijuana use in any place of education or employment, or of smoking medical marijuana in any public place. • Does not require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana. • Does not require the violation of federal law or purports to give immunity under federal law.
Initiated State Constitutional Amendment • An initiated constitutional amendment is an amendment to a state's constitution that results from petitioning by a state's citizens. There is no need of legislative referral. When a sufficient number of citizens have signed a petition, a proposed constitutional amendment is then put to the vote. FSC approved language 4-3. In Florida, 60% must vote Yes.
Amendment – page 2 • No court or legislature needs to approve the initiated constitutional amendment; however, such amendments may be overturned if challenged and a court confirms they are unconstitutional.
Yes - Amendment 2 • People United for Medical Marijuana (PAC) • United For Care – Ben Pollara • Service Employees Intl Union (SEIU) – Florida • NORML • Former Gov. Charlie Crist • George Soros • John Morgan, atty. $3.8M
Yes - Arguments • United For Care campaign mgr., Pollara – • Medical marijuana should decrease addictions to Oxycodone and Percocet. • Suffering children shouldn't have to wait for any real pharmaceutical research. • Medical marijuana is a politically nonpartisan issue. • NORML – new members for COC
Yes – Arguments Pg 2 • People United for Medical Marijuana – • FSC affirmed that only patients with “debilitating” diseases and medical conditions • Dept. of Health and the regulatory structure will prevent “pill mills” and “pot docs”. • Sen. Jeff Clemens (D-27) said, "This 60's reefer madness attitude has to go away. (Pot is) actually much safer than other drugs."
No – Amendment 2 • Drug Free Florida • Don’t Let Florida Go To Pot (multi agency will run an education campaign) • Gov. Rick Scott, Atty. General Pam Bondi, Sen. Marco Rubio, Rep. Debbie Wasserman Schultz • FL Chamber of Commerce, FL Medical Association, FL Sheriffs Assoc.
No – Arguments • Does not require a doctor’s prescription because a prescription violates federal law. • “Debilitating medical condition” is ill-defined. • Caregivers ill-defined and do not need medical training. (21 years old and willingness). • No age restrictions on patient pot smoking. • “Pill mills” and “pot docs” could spring up anywhere – location, location, location.
No – Arguments Pg. 2 • Schultz – “I have concerns that it is written too broadly and stops short of ensuring strong regulatory oversight from state officials.” • Bondi – “…allowing use for limitless 'other conditions' specified by any physician …” • FMA – “…the unintended consequences of Amendment 2 are serious and numerous enough for us to believe they constitute a public health risk for Floridians.”
Private Sector - Cannabinoids • Several US companies focused on using the cannabinoid (THC) that appears in high concentrations in the cannabis plant but has no psychoactive effects. • GW Pharmaceuticals (NASDAQ:GWPH). Sixteen years developing cannabis-based drugs for FDA approval. • Epidiolex: Childhood epilepsy, Dravet syndrome and Lennox-Gastault syndrome.
Private Sector – Pg. 2 • Sativex: Sold in Europe as a treatment for spasticity related to multiple sclerosis. • AbbVie (NYSE:ABBV). Marinol: Based on the THC in a cannabis plant and designed to give AIDS sufferers their appetites back. • Insys Therapeutics (NASDAQ:INSY). Wholly synthetic. Last month, the FDA granted orphan-drug status to Insys' product for Dravet’s Syndrome and Lennox-Gastault.
Conclusion • Vote Yes if you trust legislators to effectively control access to and authorized use of a medical substance. • Vote No if you believe the social risks associated with opening the door to medical marijuana outweigh the unknown benefits.