Pubdate: Thu, 09 Oct 2014
Source: Bradenton Herald (FL)
Copyright: 2014 Bradenton Herald
Contact: http://www.bradenton.com/submit-letter/
Website: http://www.bradenton.com/
Details: http://www.mapinc.org/media/58

REJECT AMENDMENT 2 ON MEDICAL MARIJUANA

Medical marijuana has proven to be a godsend for some people suffering
from debilitating conditions. On those humanitarian grounds, Amendment
2 holds great merit. Even opponents of the proposal -- including law
enforcement officers -- admit to the medicinal benefits of cannabis.

But as a practical matter, the ballot language contains worrisome
provisions that open the door to abuse. The ballot summary sounds
innocent, but the wording is full of loopholes.

While the full text directs the state Department of Health to compose
rules to implement the language, just how restrictive they would be is
not only unknown but could be subject to court challenges. The text
only requires "reasonable regulations."

What does that mean, and how will courts decide? This is all but
certain to be litigated if approved by 60 percent of Florida voters in
November.

The summary's opening statement unmasks a key flaw: "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 full amendment loosely defines a "personal caregiver" as someone
at least 21 years old who holds a state-issued caregiver
identification card. That person could serve up to five qualifying
patients but would be prohibited from consuming marijuana. DOH would
issue those identification cards.

Could convicted drug users and felons become caregivers? Or other
unscrupulous people only posing as caregivers to gain access to pot?

We don't know.

The language defines a qualifying patient as "a person diagnosed with
a debilitating medical condition," specifically citing HIV, AIDS, ALS
and several others. But then it allows "other conditions for which a
physician believes that the medical use of marijuana would likely
outweigh the potential health risks for a patient."

That allows physicians discretion in issuing a marijuana
recommendation. Will DOH define debilitating more narrowly without
causing litigation? Or could there be a sort of mission creep here
whereby just about anything could be considered debilitating if the
patient presents it as such?

We don't know.

Do Florida voters want to take a gamble on how all this turns out if
the amendment is approved? We hope not. We need certainty.

Twenty-three states currently have legalized cannabis for medical
purposes. Of those, voters in nine states approved either a ballot
measure or a constitutional amendment. In 14 states, legislatures
constructed bills and wrote the rules.

With broad disagreement over the meaning and limitations of Florida's
Amendment 2, the state should pursue the latter route. Our Legislature
should take a hard look at the public opinion polls, which favor
medical marijuana by an overwhelming margin, and follow the will of
the people. This is something whose time has come.

Florida would be best served by thoughtful legislation that leaves
nothing to chance, nothing open to interpretation and litigation.

Amendment 2 fails that litmus test. The Herald Editorial Board
recommends a "no" vote.

Official Ballot Summary

"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."

Find the full text at bradenton.com/opinion
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MAP posted-by: Richard