Pubdate: Fri, 25 Oct 2013
Source: Tampa Tribune (FL)
Copyright: 2013 The Tribune Co.
Contact: http://tbo.com/list/news-opinion-letters/
Website: http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Author: William March, Tribune staff
Related: http://www.mapinc.org/drugnews/v13/n512/a02.html
Related: http://www.mapinc.org/drugnews/v13/n461/a03.html

BONDI FIGHTS MEDICAL POT

Amendment Supporters' Ballot Language Misleading, She Argues In Attempt
To Derail It

TAMPA a=C2=80" Attorney General Pam Bondi is asking the state Supreme Cou
rt
to invalidate the language of a proposed constitutional amendment
allowing medical use of marijuana in Florida a=C2=80" a move that, if
successful, could derail the measure for this election cycle.

Bondi argued in a court filing that the summary of the amendment that
would appear on the ballot doesn't give voters an accurate idea of the
effect of the amendment and therefore shouldn't be placed on the ballot.

Ben Pollara, campaign manager of the amendment drive, responded that
Bondi is "an out-of-touch politician" and that the organization is
"confident that the language of our amendment meets all the
requirements of the Florida Supreme Court's review."

Pollara's group, United for Care, has 111,867 verified petition
signatures to put the amendment on the Nov. 4, 2014, ballot, more than
required to trigger a court review of the ballet language. To get on
the ballot, the measure requires 683,149 signatures by Feb. 1.

If the Court rejects the language, Pollara acknowledged, it would be
practically impossible to come up with new language, circulate new
petitions, get court approval of the new language, and obtain the
necessary signatures by Feb. 1.

Orlando lawyer John Morgan of the Morgan & Morgan law firm, backing
the amendment financially, told the Tribune in August the language was
written with the help of University of Florida law professor Jon
Mills, whom he called "the best constitutional lawyer in the state."

Florida law requires a summary of 75 or fewer words and a title of 15
or fewer words to go on the ballot instead of the actual amendment
language. It must accurately summarize the amendment.

Bondi argued that the amendment language would allow indiscriminate
use of marijuana, not the controlled use the ballot summary suggests,
and that the ballot summary "misleadingly suggests" medical use of
marijuana doesn't violate federal law.

The title is "Use of Marijuana for Certain Medical Conditions." The
summary reads in part: "Allows the medical use of marijuana for
individuals with debilitating diseases as determined by a licensed
Florida physician. ... Does not authorize violations of federal law."

Bondi said it's misleading to say the amendment "allows the medical
use of marijuana" because it's still prohibited by federal law, and
that the phrase "does not authorize violations of federal law"
suggests there is no federal prohibition.

In the amendment, "debilitating disease" is defined as including
cancer, AIDS, several other diseases, or "other conditions for which a
physician believes that the medical use of marijuana would likely
outweigh the potential health risks for a patient."

That means, Bondi argued, that "Any physician could approve marijuana
for seemingly any reason to seemingly any person," not just for
debilitating diseases.

The Florida Chamber of Commerce jumped in on Bondi's side Thursday,
saying the state Constitution shouldn't be amended to deal with issues
that could be handled by the state Legislature.

Pollara said the Legislature refused in its 2013 session to hear a
bill on medical marijuana. He said Bondi is opposing "compassionate
health care policy in Florida," and "wants to deny Floridians the
opportunity to even vote on this issue, despite numerous polls showing
that an overwhelming majority of the state is supportive."

He said his group is confident the language will be approved.
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MAP posted-by: Matt