Pubdate: Wed, 10 Sep 2014 Source: Tampa Tribune (FL) Copyright: 2014 The Tribune Co. Contact: http://tbo.com/list/news-opinion-letters/submit/ Website: http://tbo.com/ Details: http://www.mapinc.org/media/446 Author: James L Rosica, Tribune/Scripps Capital Bureau Page: Metro, page 1 7 EX-JUSTICES OPPOSE POT PROPOSAL They See It As A Legislative Matter, Not A Constitutional Issue TALLAHASSEE - Seven former Florida Supreme Court justices came out Tuesday in opposition of a proposed state constitutional amendment for medical marijuana. That's not to say all the former justices necessarily are against using marijuana as medicine, but rather that they think the issue isn't proper for a ballot initiative. Their opposition was announced in a news release, billed as a "paid political advertisement," from the Vote No on 2 Campaign. The marijuana proposal will be Amendment 2 on the November ballot. Parker Lee McDonald, who retired from the court in 1994, compared the marijuana initiative to an amendment approved by Florida voters in 2002. It gave constitutional protection to pregnant pigs against pens that are too small. "That's the kind of stuff we don't need" in the constitution, said McDonald, who lives in Tallahassee. "Go through the Legislature, that's what they're there for." Earlier this year, lawmakers passed and Gov. Rick Scott approved a separate state law that legalizes a non-euphoric strain of marijuana known as Charlotte's Web. Its passage was backed by families with children who suffer from intense seizures, best relieved by medical pot ingested as an infused oil. When asked his views on medical marijuana, the 90-year-old retired jurist said he "hasn't taken a position. My opposition is more legal than social," McDonald said. "I don't know whether I'd be opposed. It's a fair subject for public debate." Opposition to the amendment has centered on criticism that the wording is too broad and will lead to widespread recreational use of pot. Kenneth Bell, who sat on the court from 2003-08, also expressed concerns over changing the constitution. "Once an amendment is in the Constitution, it is extremely difficult to change," he said in the news release. "A subject such as this should be addressed by general law," meaning legislative action. Citing the Charlotte's Web bill, Bell added that "any expansion of marijuana use should reflect further development in medical knowledge and have a care-fully limited scope, which Amendment 2 does not do." The head of the drive to legalize medical pot in Florida said he respected the justices but countered that "their legal opinions are irrelevant." "What is relevant is the majority opinion of the current Supreme Court of Florida, that which placed Amendment 2 on the ballot this fall," said Ben Pollara, campaign manager of United for Care. In January, a divided court approved the amendment for the ballot on a 4-3 vote. Attorney General Pam Bondi and lawmakers opposed the measure, saying the language was unclear and misleading. The court's majority found that the proposed amendment "embraces a single subject" and the ballot title and summary "are not clearly and conclusively defective." Dissenters said that "foisting this seriously deceptive ballot summary on the voters does a severe disservice to the people and to their constitution." "That a 4-3 decision is somehow less relevant than any other majority vote of the court demonstrates a lack of understanding of how the court works, (is) an affront to the intelligence of the voters, or both," Pollara said. Bell said the ruling wasn't an endorsement. "Though the sitting justices cannot address the merits or wisdom of the amendment, my colleagues and I who are no longer on the Court may do so, and we concluded that it is lacking in merit and is unwise," he said. The proposed amendment needs 60 percent approval. A Public Policy Polling survey released Tuesday showed 61 percent favor the amendment, with 33 percent opposed. Support has fallen from the last poll in June, however, when the spread was 66 percent in approval and 25 percent opposed. [Sidebar] Former Supreme Court justices opposing marijuana amendment Parker Lee McDonald: justice, 1979-1994; chief justice, 1986-1988 Leander J. Shaw Jr.: justice, 1983-2003; chief justice, 1990-1992 Stephen H. Grimes: justice, 1987-1997; chief justice, 1994-1996 Major B. Harding: justice, 1991-2002; chief justice, 1998-2000 Charles T. Wells: justice, 1994-2009; chief justice, 2000-2002 Raoul G. Cantero: justice, 2002-2008 Kenneth B. Bell: justice, 2003-2008 Source: Vote No On 2 Campaign) - --- MAP posted-by: Jay Bergstrom