Pubdate: Fri, 17 Oct 2014
Source: Pensacola News Journal (FL)
Copyright: 2014 The Pensacola News Journal
Contact: http://www.pnj.com/apps/pbcs.dll/section?Category=OPINION0301
Website: http://www.pnj.com/
Details: http://www.mapinc.org/media/1675

'NO' ON AMENDMENT 2

Regular readers of this opinion page know that we are not wholly
opposed to a state expansion of medical marijuana. Throughout
Florida's 2014 legislative session, we advocated passage of the
Charlotte's Web bill that legalized a specific strain of medical
marijuana that drastically reduces seizures in children with severe
epilepsy. The bill was debated and sculpted in legislative committees.
It earned the approval of the Florida House and Senate. And it was
rightly signed into law by Gov. Rick Scott.

The process was exploratory and deliberative. It was the right and
proper way for a new marijuana law to be forged within our system of
government. A sprawling, loosely-defined amendment to the Florida
Constitution is not. That's why we oppose voting for Amendment 2 on
the Nov. 4 ballot.

This is not a moral or ideological issue. In fact, we would defy
anyone to argue against the propriety of marijuana in our society that
legally permits -- and in some cases, subsidizes - chemical
pharmaceuticals with powerful and potentially deadly side effects. A
governmental moral high ground on drug-use is an illusion that went up
in smoke long ago.

Sick Floridians who can get relief from marijuana deserve legal access
to that medicine. But we believe that it is the Legislature's duty to
act on behalf of these citizens, just as they acted on Charlotte's
Web. If oppressive laws are causing citizens to suffer, then lawmakers
should be petitioned to remove those laws - through the legislative
process.

The Constitution is not the place to make decisions that we may want
to alter in the years to come. A constitutional amendment is a large,
lasting act of voters. Unlike basic legislation, once it is there, it
is difficult to edit or adapt. In this case, there are many serious
questions about aspects of Amendment 2. The last thing Florida needs
is to be opened up to endless, taxpayer-funded legal battles because
of poorly defined language in our Constitution.

And we have already witnessed a flood of money surrounding this
amendment - the sheer volume of which surely signals something larger
at play than the simple issue of marijuana for medicine. The forces of
big business have lined up. To enshrine this law into our Constitution
is to enshrine an entire industry into our Constitution.

Floridians should consider the opinion of former Florida Supreme Court
Justice Kenneth Bell who visited the editorial board to speak on
behalf of a group of former justices who oppose Amendment 2. Their
opposition is neither politically nor morally founded. Serious legal
reasoning has led them to reject this amendment. The justices cite
concerns over broad language that could be interpreted to allow
widespread use and haphazard regulation, questions about whether
minors could obtain marijuana and the vaguely defined notion of a
"caregiver" that is created in the full text of the Amendment.

Aside from any personal beliefs about marijuana, the justices
described Amendment 2 as "plagued by loopholes and vagueness that
would lead to a myriad of unintended and undesirable consequences." We
agree. This is simply not the thoughtful and forward-thinking process
by which Florida's laws should be made and industries regulated. On
the contrary, a "YES" vote would bypass thoughtfulness and place our
state on shaky ground in unknown territory. It is simply not necessary.

There is no compelling need for Florida to rush into this. Certainly,
there are sick citizens who could benefit from medical marijuana. But
any clear-eyed, frank discussion among adults must acknowledge that
use of the drug is already common-place and widespread. Anyone who
needs it, likely has no problem obtaining it as things are.

At the same time, it is absolutely shameful that such individuals are
considered criminals under the state's current laws. Which is why we'd
aggressively support decriminalization of non-violent drug use -
particularly for marijuana. But that is the sort of important change
that needs to be enacted through the legislative process - not in
Florida's Constitution.

On Amendment 2 on the Nov. 4 ballot, the Pensacola News Journal
recommends voting "NO."
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MAP posted-by: Matt