Pubdate: Mon, 15 Sep 2014
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2014 Sun-Sentinel Company
Contact: http://drugsense.org/url/mVLAxQfA
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Authors: Parker Lee McDonald, Leander J. Shaw, Jr., Stephen H. 
Grimes, Major B. Harding, Charles T. Wells, Raoul G. Cantero, III, 
Kenneth B. Bell
Page: 13A

FORMER JUSTICES OPPOSED TO MARIJUANA AMENDMENT

As former Florida Supreme Court Justices, we once took an oath to 
protect the Constitution of the State of Florida. Today, we call on 
all Floridians to protect it by voting "No" on Amendment 2.

This amendment, promoted as a compassionate effort to legalize 
marijuana for medical purposes, should be rejected- regardless of 
one's position on the issue of medical marijuana.

Why should those who are both for and against medical marijuana vote 
No on Amendment 2? We offer five reasons.

First, the amendment is so broadly cast and vague, it will open the 
door to the general use of marijuana, not the carefully regulated 
medical use of a drug for those truly suffering. When proposed 
amendments are placed on the ballot, voters only see a ballot title 
and ballot summary written by the amendment sponsors. Most voters 
don't have the time or inclination to read the full text of the 
actual amendment, much less study its impact.

We have read the amendment and studied its impact. And, we are 
troubled by what voters are being told about Amendment 2. Voters are 
led to believe medical marijuana could only be used for "debilitating 
diseases." But the full text of the amendment allows the use of 
marijuana for virtually any medical condition at the discretion of 
any recommending physician, and no prescription is required.

Second, Amendment 2 endangers Floridians by granting broad immunity 
from criminal and civil liability to virtually everyone involved in 
the chain of custody of marijuana.

Today our criminal and civil justice systems protect citizens from 
harmful acts and compensate victims in cases of medical malpractice 
and negligence. But under Amendment 2, those providing and using 
medical marijuana, including every "certifying physician," would be 
immune from basic enforcement and accountability that protect our 
safety. This would make marijuana the only drug under Florida law for 
which providers, caregivers and users would be absolved from 
liability if someone is harmed from its use.

Third, Amendment 2 creates a right to use marijuana, coupled with a 
right to privacy for medical marijuana users, without regard to age. 
This could be construed to allow minors to obtain marijuana for 
purported medical reasons without the knowledge or consent of their parents.

Fourth, Amendment 2 creates the role of medical marijuana "caregiver."

There is only one requirement to be a caregiver- be at least 21. 
Amendment 2 requires no medical expertise, training or background 
checks for caregivers, who would have the authority to provide 
marijuana to multiple individuals. This caregiver provision could be 
used as a legal shield to protect drug dealers from prosecution. The 
Florida Department ofHealth estimates that if Amendment 2 passes, 
there will be approximately 250,000 caregivers and nearly 1,800 pot 
shops that would dispense marijuana. This calls into question the 
state's ability to adequately regulate the distribution of marijuana, 
since it would not be obtained from traditional pharmacies, but from 
shops run by the marijuana industry.

Fifth, if Amendment 2 is approved, it would be almost impossible to 
fix its many flaws because it would be enshrined in the Constitution, 
rather than being a general law that can be changed or improved as 
needed to respond to inevitable problems.

Whether marijuana should be legalized for medical purposes is an 
issue about which people disagree and more study is needed. But 
anyone who reads the full text of Amendment 2 should agree that it is 
plagued by loopholes and vagueness that would lead to a myriad of 
unintended and undesirable consequences.

Amendment 2 doesn't belong in Florida's Constitution. As former 
Florida Supreme Court Justices who love Florida and its great 
Constitution, we urge voters to protect Florida's Constitution by 
voting "No" on Amendment 2.

Parker Lee McDonald, Chief Justice 1986-1988, Justice 1979-1994; 
Leander J. Shaw, Jr., Chief Justice 1990-1992, Justice 1983-2003; 
Stephen H. Grimes, Chief Justice 1994-1996, Justice 1987-1997; Major 
B. Harding, Chief Justice 1998-2000, Justice 1991-2002; Charles T. 
Wells, Chief Justice 2000-2002, Justice 1994-2009; Raoul G. Cantero, 
III, Justice 2002-2008; Kenneth B. Bell, Justice 2003-2008.
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