Pubdate: Fri, 29 Nov 2013
Source: Tallahassee Democrat (FL)
Copyright: 2013 Tallahassee Democrat
Contact: http://drugsense.org/url/hdEs6Z0o
Website: http://www.tallahassee.com/
Details: http://www.mapinc.org/media/444
Author: Paula Dockery, Syndicated Columnist
Note: Paula Dockery is a syndicated columnist who was a Florida 
legislator for 16 years as a Republican from Lakeland.

ON MEDICAL MARIJUANA, LISTEN TO THE PEOPLE

According to a recent Quinnipiac poll, Floridians support legalizing 
marijuana for medicinal purposes by a whopping 82-16 margin, crossing 
all party lines. Frustrated by decades of inaction by the Florida 
Legislature, citizens have taken it into their own hands to put the 
issue directly before voters through a citizens' initiative to amend 
the Florida Constitution.

The question should be whether Florida wants to join 20 other states 
and the District of Columbia in making medical marijuana available to 
its residents suffering from debilitating illnesses.

Instead, those in Florida leadership positions in both the 
legislative and executive branches are busy trying to prevent the 
issue from making it to the ballot by filing briefs before the 
Florida Supreme Court. Their goal is to have the Medical Marijuana 
Citizens Initiative removed from ballot consideration even if the 
necessary 684,000 signatures are gathered.

Over the past two decades, the Legislature has opposed addressing any 
form of legalization of marijuana; legislators also have made a 
concerted effort to limit citizens' initiatives, while they have used 
legislatively proposed constitutional amendments to drive voter turnout.

Florida was so serious about seeking medical cures that a 2003 
special session was called for the purpose of awarding Scripps 
Research Institute $310 million of federal stimulus funds to lure the 
research facility to Florida.

We also take pain medication addiction very seriously in Florida, 
establishing some of the most stringent regulations to curb the abuse 
of prescription drugs through legislation intended to stop the 
proliferation of "pill mills."

Yet, legislative leaders refuse to consider the use of medical 
marijuana, despite the growing body of medical evidence as to its 
beneficial uses. Among those uses, medical marijuana has been touted 
as successful for fighting nausea, increasing appetite for those 
under radiation treatment for cancer, and treating muscle tightness 
for those with multiple sclerosis.

Also in play is the Legislature's disdain of citizens' rights to 
direct democracy, when elected officials refuse to listen to the 
public will through representative democracy. This was apparent in 
2002, 2004 and 2006, when the Legislature proposed three 
constitutional amendments making it more difficult for citizens to 
use the initiative process to amend their constitution. It also 
raised the threshold for passage of all constitutional amendments to 
60 percent. There were a plethora of statutory changes as well to try 
to curb those pesky attempts by citizens.

Ironically, the Legislature, not citizens, has placed the majority of 
constitutional amendments on the ballot. From 1978 to 2012, the 
Legislature was responsible for 77 ballot measures, compared with 28 
for citizen groups. In the 2012 election, the Legislature proposed 
all 11 ballot amendments.

And of course there are the political ramifications. The Florida 
attorney general, joined by the Florida Senate president and the 
speaker of the Florida House, is challenging the wording of the 
proposed marijuana amendment, claiming that the ballot summary and 
title are misleading.

I trust that Floridians are smart enough to understand that this 
amendment would allow doctors to prescribe marijuana for medicinal 
purposes. Further, the Legislature retains the ability to regulate 
its use through statutory means.

Cynically, one might question legislators' sincerity, as their own 
proposed amendments have been much more confusing to voters. Take, 
for example, this title on the 2012 ballot: "Property Tax 
Limitations; Property Value Decline; Reduction for Nonhomestead 
Assessment Increases; Delay of Scheduled Repeal." Clear as mud.

The title that is being disputed? "Use of Marijuana for Certain 
Medical Conditions."

An accusation frequently made is that well-known attorney John 
Morgan, who is leading this effort to legalize marijuana for medical 
purposes, is a close friend and employer of gubernatorial candidate 
Charlie Crist and that his motivation is to help turn out the vote. 
But while medical marijuana may play a factor in turnout, the recent 
poll shows that support crosses party lines.

In control for the last 18 years, Republicans have placed tax relief 
and social issues such as abortion, religious freedom and gambling on 
the ballot in an effort to turn out their own base. Not a bad strategy.

To the official talking points of Republican leaders in the executive 
and legislative branches that they are challenging the language to 
protect voters from being misled, I say baloney.

The legislative session starts in March, and legislators can easily 
rewrite language to remove any perceived confusion. They also have 
the ability to legalize medical marijuana by statute, making the 
constitutional amendment unnecessary. But don't hold your breath. 
Legislators' failure to act is a clear indication they don't want it 
to pass despite overwhelming public support.

Missing in all this political gamesmanship is the willingness to give 
relief, inexpensively and with very little risk, to those suffering 
with debilitating illness.

So stop the posturing and lead on this issue, or just get out of the 
way and let the people do it.
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MAP posted-by: Jay Bergstrom