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 31 reactions

commented 2016-04-21 02:35:45 -0400 · Flag
Omg do you people even understand how law works????
commented 2016-04-20 22:03:55 -0400 · Flag
Dude really…. It’s not the same. There are a lot more stringent rules on the one they just passed. Its garbage. Ita not ganna help anyone.
commented 2016-04-20 21:57:56 -0400 · Flag
btw PART TWO
Everyone this bill says it will help==HAS ALREADY BEEN HELPED BY THE NEWDEAD IN A YEARLEGALIZING MARIJUANA WITH THC BILL THAT JUST PASSED.

SO NOT VOTING FOR THIS WILL NOT STOP PEOPLE FROM GETTING THIS WHO ARE ON THIS LIST. AND PEOPLE LIKE ME ARE JUST SCREWED IF THEY CAN’T MOVE ELSEWHERE.
SINCE i CAN’T WALK THAT’S PRETTY UNLIKELY.

GUESS I GOTTA DIE FIRST THEN GET THE RIGHT TO TREAT MY ILLNESS LOGICALLY.

THE ONLY HOPE THIS HAS OF PASSING IS IF PEOPLE LIKE ME ASSUME IT SAYS WHAT IT USED TO SAY AND DON’T RE-READ TO FIND OUT IT DOESN’T!! BECAUSE THE PEOPLE THIS COVERS ARE NOW ALREADY LEGAL TO BUY AS OF LAST WEEK!
commented 2016-04-20 21:32:56 -0400 · Flag
BTW—I’VE WORKED TO HELPEVEN AS A CRIPPLEMAILED PETITIONSTALKED TO PEOPLEPUTTING MYSELF AT RISKBUT JUST NOW READ THIS AND DISCOVERED THE CHANGES. i GOTTA SAY I’M TICKED OFF! AND FEELING VERY USED!
commented 2016-04-20 21:30:15 -0400 · Flag
AMEND IT? DO YOU HAVE A FEW MILLION TO DONATE TO GET THE SIGNATURES FOR THAT? THE CRACKER MAJORITY IS SLOWLY EATING AWAY AT OUR BASEFIRST THE KIDS WITH SEIZURESNOW A FEW PEOPLE WHO WILL DIE IN A YEARWITH THIS A FEW PATIENTS BEYOND THAT WITH A FEW DISEASES ONLY! PTSD MILITARY. CANCER. KATHY JORDAN WITH ALS! WHEN THEY ARE ALL GONE THEN WHAT BUTTON WILL WE PUSH TO GET ATTENTION? WHO WILL CARE IF WE DIE FROM NARCOTICS WE HAVE NO CHOICE BUT TO KEEP USING!
commented 2016-04-20 21:25:23 -0400 · Flag
BTW—I’d like to grow too—but was willing to pass on that for now and bite the bullet on cost until the next round. BUT I AM NOT WILLING TO HAVE THE BULK OF US GET LEFT OUT AGAIN!!!
commented 2016-04-20 21:11:58 -0400 · Flag
What people don’t understand about this amendment is that we can add things to it later like full legalization for example. The police nor the legislators can remove the amendment. Only the people can vote it back out. But it will never be voted out. We can always amend the medical marijuana amendment to include growing plants ect… This is a very good step forward in the right direction to bring relief to people that need it.
commented 2016-04-20 21:08:00 -0400 · Flag
All you need is a doctors recommendation/prescription to get it.
commented 2016-04-20 21:01:57 -0400 · Flag
I don’t see PAIN on here as a qualifying condition. Am I missing something? If not, then I gotta vote no. Sorry, but I am sick and tired of these Fl half baked worthless laws that benefit only a handful of the people who need it! Please, someone tell me I’m wrong. Diabetic neuropathy and multiple orthopedic conditions (several plates in screws in an arm and leg!)
commented 2016-03-14 16:21:38 -0400 · Flag
As I said. That 400,000 people in Florida have a debilitating condition does not mean by ANY STRETCH of any reasonable persons imagination that every one of those people would reap any benefit from using marijuana. You Pro Medical marijuana people ( who should be called pro BIG PHARMA people ) are every bit as harmful to the cause of freedom and relief of the suffering as were the refer madness idiots of the 1920’s. There is better quality and quantity marijuana available on the street right now and for less money than there will be if this SCAM of an amendment is passed. When there is a single payer healthcare system and people can grow their own . That is the only time people will be able to get good care. When all of you profit bastards are taken out of the Health Care System permanently !
commented 2016-03-14 14:18:22 -0400 · Flag
Steven Peters your figure of 5% of the population og this state that this amendment will help is complete fabrication. and Your statement that Timothy Lockhard is being selfish is complete bullshit. He is in fact being selfless in prefering to wait for relief for all rather than to sell out to Big Pharma and the traitors in the Florida Legislature who will only act on this to protect their own wallets. AS USUAL ! Ditto for Morgan and Morgan and Morgan and Morgan !
commented 2016-02-25 18:07:49 -0500 · Flag
This bill does for medical Marijuana what the “Affordable Care Act” did for Health Care nothing. It puts medical marijuana in the hands of the legislature and Big Pharma. I will vote no until complete legalization is on the table.
commented 2016-02-25 06:30:54 -0500 · Flag
You gotta start somewhere, especially in a gerrymandered conservative run state, PLEASE vote Yes!!!
commented 2016-01-29 18:51:27 -0500 · Flag
You know it’s pretty sad to see the people on here trashing this amendment. I for one am not a user of the stuff however the opposition to this seems, to be entirely honest, selfish. This bill will help the people who need it most, I know a family whose three year old daughter in Michigan was suffering from such severe epilepsy that they took out part of her brain to try and stop them and even after that with 4 medications it wasn’t helping. 6 months of cbd oil treatment and she is down to one seizure med, virtually seizure free and can actually learn at a normal pace because she isn’t incapacitated by the barrage of medications she was taking. When you vote against this bill because you want to grow it for the broken leg you had 8 years ago, for your sore thumb or because you just want to smoke it you are voting against children like her and others who really need this. You give justification to the oppositions claims that this is about nothing more than stoners who want a legal buzz. The people like this don’t support helping the ill, you just want to help yourself and for that you should be ashamed.
commented 2016-01-29 00:27:24 -0500 · Flag
I will vote no to anything that does not include making the plant completely legal for people to grow and use for any purpose they see fit with no regulation by the state.
People need to be able to grow it for their own medicine, bio diesel fuel oil, textile, building materials and resins and just for their own recreational use if that is what they feel is within their liberty and pursuit of happiness ! Anything less is a violation of most basic rights !
commented 2016-01-29 00:22:11 -0500 · Flag
This amendment is only about one thing. Making sure that the marijuana industry will always be regulated and controlled by big money and the crooks in Tallahassee. It will in fact ensure that people will never have the right to grow their own medicine. John Morgan is only in to this for his own interests.
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 2014-11-02 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 2014-10-24 11:14:14 -0400 · Flag
where can i find the vote yes on 2 signs? im in ft walton beach
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.
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