Pubdate: Sat, 27 Sep 2014
Source: Tallahassee Democrat (FL)
Copyright: 2014 Tallahassee Democrat
Contact: http://drugsense.org/url/hdEs6Z0o
Website: http://www.tallahassee.com/
Details: http://www.mapinc.org/media/444
Author: Karl Etters

MARIJUANA AMENDMENT ON THE BUBBLE OF APPROVAL

Florida's pending constitutional amendment that could allow the sale, 
purchase and use of medical marijuana is on the bubble of the voter 
support needed in November for it to be approved.

The 75-word Amendment 2 question asks voters decide if individuals 
with debilitating diseases may get medical marijuana from a licensed 
Florida physician.

To pass, it needs 60 percent of voters.

Those in favor of the measure championed by People United for Medical 
Marijuana, the organization that sparked the statewide petition drive 
to put the proposed amendment on the ballot, say the measure is a 
step toward compassion and relief for patients. Supporters argue 
patients with cancer, glaucoma, HIV-AIDS, ALS and a host of other 
diseases would benefit from the plant, along with "other conditions 
for which a physician believes that the medical use of marijuana 
would likely outweigh the potential health risks for a patient."

Opponents say the proposal's language is too broad, leaving an open 
door for pseudo-legalization based on the opinion of a doctor. They 
also say loopholes about age and residency requirements along with 
flawed caregiver guidelines make it bad business for the state.

Twenty-three states and the District of Columbia now allow the use of 
marijuana in some form. Oregon and Alaska will vote to approve 
recreational use of marijuana this year after voters in Colorado and 
Washington state did so in 2012.

Only California and Massachusetts offer physicians the authority to 
determine the need for medical marijuana without approval from the state.

A July Quinnipiac poll showed Florida voter support for Amendment 2 
near 90 percent, but that has dipped to the mid-60s as Election Day 
draws nearer. An automated telephone poll this month by Public Policy 
Polling found support at 61 percent when voters were asked if they 
would vote for or against the measure.

Campaign chair of United for Care Ben Pollara said even with polling 
near the 60-percent minimum, he feels confident voters will side with 
compassion.

"Support for this has been remarkably consistent," Pollara said. "And 
it speaks to the fact that this is not that controversial for most Floridians."

A poll conducted for United for Care and released Monday showed 69 
percent approval. It is the fourth internal poll the organization has 
conducted.

Opponents have gained influential partners in opposition with the 
Florida Sheriff's Association, Sen. Marco Rubio and former Gov. Jeb 
Bush joining the Don't Let Florida Go to Pot movement.

In addition, the Florida Medical Association, which represents more 
than 20,000 doctors in the state, joined almost a dozen other medical 
organizations in strong opposition to the amendment citing the 
"unintended consequences" that could constitute a public health risk 
in Florida if the it passes.

Vote No on 2 campaign spokeswoman Sarah Bascom said if the writers of 
the amendment were interested in providing compassionate medical 
care, the text of the measure would have been worded differently.

"This isn't about the sick," Bascom said. "We don't believe this 
amendment was written for those who have debilitating disease. It's 
pot for anyone for any reason and when it's in the constitution, 
it'll supersede other laws."

Drug Free Florida has spearheaded the opposition campaign working 
with Don't Let Florida Go to Pot and have highlighted what they say 
are problems in other states' programs to the budding system in Florida.

"It is our goal that even up to the Election Day," said Seminole 
County Sheriff Don Eslinger on behalf of the Florida Sheriff's 
Associaiton Thursday. "This coalition will continue to educate 
Floridians of the ill effects of edible products as well as the 
flawed terrible amendment to our constitution."

Eslinger pointed to incidents in other states where children, some as 
young as 3 years old, consumed edible marijuana products that seemed 
like treats to them and needed medical attention as a consequence.

Pollara said Florida's approach has been to develop an amendment that 
takes bits of legislation from established programs with the aim of 
building a Florida-tailored system with focus on patient access. 
Opponents are misleading themselves, he added.

"Their basic tack has been to mislead voters about the intent of this 
amendment and disrespect the intelligence of Florida voters," Pollara 
said. "Their core position is about legalizing marijuana, when it is 
plainly about medical marijuana. The people of Florida are smarter than that."

The Florida Department of Health, which would administer the program 
if the amendment passes, has estimated the base number of patients 
who might be prescribed medical marijuana at around 450,000 users.

That potential, mainly law enforcement and Department of Highway 
safety and Motor Vehicles increases, is based on data from other 
states and has not been quantified in Florida, leaving the financial 
impact of the amendment undetermined.

State regulators estimate $1.1 million in startup and annual costs. 
Those costs are expected to be recovered through fees on 
dispensaries, doctors and patients.

There exists no system to provide potential patients access to the 
marijuana. Florida is on the cusp of approving rules to supply 
patients with extracts from a non-euphoric strain of marijuana and 
there have been hints state regulators may use that as a model for Amendment 2.

Since 2006, Florida constitutional amendments have required 60 
percent approval for passage. The higher bar for approval has made a 
difference in what's put before voters, said Florida State University 
political science professor Carol Weissert.

"It's really put the kibosh on some of these strange provisions," she 
said. "But, the other thing to remember is a number of states have 
medical marijuana, so we're not leaders in this area at all."

A poll this week by SurveyUSA/WFLA showed 53 percent support when 
voters were asked if they would "vote for Amendment 2, to legalize 
medical marijuana in Florida," with 15 percent undecided. It is the 
lowest polling data has dipped, and leaves the measure in the 10 
percent bubble between majority approval and the necessary 
three-fifths to pass.

Bascom said the days until Election Day will be decisive. No on 2 has 
taken to educating voters about what the amendment is and what it isn't.

"The reason why you are starting to see the numbers shift is they are 
having to answer questions about the loopholes," she said.

Pollara said even with close margins, he feels confident.

"Sixty percent is always a challenge no matter what the issue is," he said.

The amendment has become a battleground for cash as much as it is for 
public opinion with large donations marking the year-long journey to 
get it on the ballot.

People United for Medical Marijuana political action committee has 
drawn more than $6.1 million in contributions and loans and has spent 
more than $5 million.

The largest chunk of money and public face of support for the 
amendment has come from Orlando powerhouse lawyer John Morgan who 
through 17 contributions, both by himself and through his law firm, 
has donated $3.8 million.

Morgan has been crisscrossing the state recently debating opponents 
on the measure and urging people to vote in favor of compassion.

The Drug Free Florida Committee, has raised more than $3.2 million, 
and spent $587,000 most recently Sept. 12 on a $42,689 advertising 
campaign. The largest chunk of money against the measure has come 
from Las Vegas gambling mogul and Republican contributor Sheldon 
Adelson who has donated $2.5 million so far.

A $1.6 million ad campaign from No on 2 is slated to run the first 
week of October and will highlight what it calls a "flawed" attempt 
at changing the constitution.

Pollara said the amendment is well thought out and, if passed, leaves 
a solid platform for the state to get patients the help they need.

"There's not a thing in the amendment that is a poison pill that 
won't allow the state to put this in place in a productive way," he 
said. "This is not a policy experiment. Almost half the country has 
done this. There's nothing brand new in Amendment 2 where we'll look 
later and say, 'Wow we shouldn't have done that.'"

This is the amendment language that will appear on the Nov.4 ballot

Use of Marijuana for Certain Medical Conditions

Allows the medical use of marijuana for individuals with debilitating 
diseases as determined by a licensed Florida physician. Allows 
caregivers to assist patients' medical use of marijuana. The 
Department of Health shall register and regulate centers that produce 
and distribute marijuana for medical purposes and shall issue 
identification cards to patients and caregivers. Applies only to 
Florida law. Does not authorize violations of federal law or any 
non-medical use, possession or production of marijuana. Increased 
costs from this amendment to state and local governments cannot be 
determined. There will be additional regulatory and enforcement 
activities associated with the production and sale of medical 
marijuana. Fees will offset at least a portion of the regulatory 
costs. While sales tax may apply to purchases, changes in revenue 
cannot reasonably be determined since the extent to which medical 
marijuana will be exempt from taxation is unclear without legislative 
or state administrative action.
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MAP posted-by: Jay Bergstrom