Marc Caputo: Medical marijuana and politicians’ double-talk

By Marc Caputo

Time and again, Florida’s Republican leaders have bashed Big Government, especially if it intrudes upon the doctor-patient relationship.

When it comes to Obamacare, that is.

But when it comes to medical marijuana, so far they’ve been all Big Government all the way.

The opposition to physicians recommending prescription cannabis isn’t just an example of political inconsistency in Tallahassee. It’s a sign that — unlike their opposition to Obamacare — GOP leaders are greatly out of step with voters, including rank-and-file Republicans.

As many as 70 percent of registered Florida Republicans said they favor medical marijuana, according to the most recent Quinnipiac University poll conducted in late November. Support was even higher among Democrats (87 percent) and independents (88 percent).

The divide between the politicians and voters is increasingly troubling to some Republicans.

“I don’t want the Republican Party to be called the anti-civil liberties party,” said Rick Wilson, a Tallahassee political consultant.

“Simply as a political hack,” he said with a touch of self-deprecating humor, “I don’t want our party to marginalize itself.”


• Public sentiment is growing for outright legalization: 58 percent approve nationwide and a plurality of 48 percent support it in Florida, according to respective polls from Gallup and Quinnipiac.

• So far, 21 states and the District of Columbia have some form of medical marijuana. The number has been growing every few months, though pot is still illegal at the federal level.

• A proposed constitutional amendment by People United for Medical Marijuana might make the 2014 ballot in Florida. Proponents say they’ve gathered more than 1 million registered-voter petitions, 683,149 of which need to be verified by elections officials by Feb. 1. More than 375,000 have been approved so far. The number grows daily.

Wilson, inspired by a conservative National Review piece on marijuana decriminalization, made his case in the conservative website Ricochet on Tuesday — a remarkable act for a high-profile consultant who’s ostensibly bucking the very GOP establishment that signs some of his checks.

Wilson said opposition to his piece has primarily come from the evangelical community. He also suspects that the private-prison industry, which profits from the war on drugs, provides behind-the-scenes opposition to medical marijuana.

John Stemberger, president of the Florida Family Policy Council, said his group and other Christian conservatives oppose the prescription cannabis initiative because he worries it could lead to outright legalization, which has happened in Colorado and Washington. That could lead to more kids using pot.

Also, many conservatives are concerned that Florida’s effort is being pushed by attorney John Morgan, who employs and financially backs Democratic gubernatorial candidate Charlie Crist. (Morgan says the drive is nonpartisan and dismisses the criticisms as fear-mongering).

But the polling and the fact that marijuana has some medical uses, Stemberger says, makes it relatively unlikely that organizations such as his will devote significant amounts of money opposing the initiative.

“We have to be selective with what our priorities are going to be,” he said.

Meanwhile, a few Republican lawmakers are starting to view the issue slightly more favorably.

On Thursday, the chairman of the state House Criminal Justice Subcommittee, Shalimar Rep. Matt Gaetz, held a nearly two-hour hearing on the medical uses of a strain of marijuana called “Charlotte’s Web,” which was first produced in Colorado and named after a little epileptic girl it helped.

For three straight years, the Legislature has refused to even hold a hearing on medical-marijuana legislation.

Featured on CNN, Charlotte’s Web is supposed to be low in the psychoactive chemical THC and is high in a seizure-inhibiting substance known as CBD. Some parents say it’s a last, best hope for relieving incessant and uncontrollable seizures in their epileptic children.

After listening to parents’ heartbreaking stories, Gaetz said he’d push a bill to legalize “Charlotte’s Web… so that these people do not have to be criminals.”

Gaetz still opposes Florida’s medical-pot initiative because, he said, it’s too open-ended and could allow “a marijuana dispensary on every corner,” a claim proponents deny.

But Republicans should support “removal of government barriers to medicine that alleviates the suffering of people,” Gaetz said. “If we’re going to be known as the party of liberty and the party that runs government competently, we’re already behind the eight ball.”

Gaetz is the first top Florida Republican legislator to acknowledge marijuana shouldn’t be classified by the federal government as a substance that has no medicinal value. The federal government considers cocaine to be more medicinal than marijuana.

Also notable: Gaetz is the son of state Senate President Don Gaetz, who joined state House Speaker Will Weatherford and Florida Attorney General Pam Bondi recently in asking the state Supreme Court to keep the medical-marijuana amendment off the ballot. They say it’s too permissive and the ballot summary is misleading, both claims that proponents deny.

The court has yet to rule.

“I think the attorney general has done the right thing with the advice she gave the Supreme Court,” Gov. Rick Scott said last week. “I oppose illegal drug abuse… I've watched what it does to families.”

It’s unclear what Scott’s opposition would be to a doctor recommending marijuana instead of a more harmful — and more lethal — drug like Oxycontin, which resembles pharmaceutical-grade heroin.

Scott was clearly concerned about Big Government interfering with physicians when he issued a statement after the U.S. Supreme Court declared in 2012 that the Affordable Care Act is constitutional.

“They have … forced the government into the important relationship between patients and their doctors,” Scott said in a statement that listed other concerns as well.

When Obamacare was first passed in 2010, the Florida Legislature rushed to propose a constitutional amendment along with a ballot summary that said the initiative sought, among other things, to “protect the doctor-patient relationship.”

The Legislature’s proposed amendment didn’t do that at all, according to a Tallahassee judge and the Florida Supreme Court. Both courts blocked the amendment from the ballot for the misleading summary.

Lawmakers complained the public should have had the ultimate say. Meanwhile, the politicians continued blocking medical-marijuana legislation from getting a single vote in a committee.

Around the same time, the courts also struck down another “misleading” legislative ballot initiative that sought to undermine two citizens’ proposals to stop lawmakers from gerrymandering political districts that intentionally favor or disfavor incumbents or political parties.

The anti-gerrymandering amendments each passed in 2010 with more than 62 percent voter approval. It takes 60 percent voter approval to amend the state constitution.

The Legislature’s anti-Obamacare amendment fared much worse when lawmakers got it on the 2012 ballot; 51.5 percent of voters opposed it. In all last year, a majority of voters rejected eight legislatively proposed constitutional amendments outright. Voters approved only three (small property tax cuts for poor seniors, disabled veterans and the spouses of deceased veterans and first responders).

So the very Legislature that proposes a disproportionate number of unpopular constitutional amendments wants to keep voters from deciding one that appears popular.

The very Legislature that has been rapped by the courts for repeatedly trying to mislead voters at the ballot box now says the citizens’ initiative for medical marijuana misleads voters.

Give ’em this: The lawmakers are experts at misleading.

And the very Legislature that pays lip service to fighting Big Government intrusion into healthcare wants to keep a government prohibition against doctors prescribing pot.

It should be noted that the Florida Medical Association opposes the medical-marijuana initiative. The lobby group doesn’t want physicians to get the reputation as hippie quacks. And the FMA needs to curry favor with political leaders to push its main agenda: ensuring doctors safely perform medical services and fighting trial lawyers.

However, a growing number of doctors say they have no problems with recommending marijuana to people who truly need it, such as cancer patients.

Many doctors see it as a compassion issue. So do large majorities of people in Florida and across the nation.

And that includes Republicans — except when it comes to their political leaders in the state Capitol.

“This is another example of where the establishment and the grassroots are disconnected,” said Jacob Perry, a Republican political consultant from Stuart.

“I feel like we’re walking into a stereotype about how conservatives are always cold-hearted and uncaring and unfeeling,” he said, “and this is an opportunity for us to continue to be portrayed in that vein.”

Copyright 2014, Miami Herald Media Co.

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