Pubdate: Sun, 18 Jan 2015
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2015 Sun-Sentinel Company
Contact: http://www.sun-sentinel.com/sfl-letters-to-the-editor-htmlstory.html
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159

LEAD OR BE ECLIPSED ON MEDICAL MARIJUANA

Those who opposed last year's push to legalize medical marijuana in 
Florida raised several concerns. They feared it would allow children 
to get medical pot from their doctor. They feared it would be 
prescribed for just about anything, including a hangnail. They feared 
caregivers would become drug dealers. And above all else, they said 
it had no business as an amendment to the state constitution.

In November, Amendment 2 came close to passing with 58 percent of the 
vote, just shy of the 60 percent needed. At the time, its principal 
backer, Orlando trial attorney John Morgan, promised he'd be back. 
And Monday, he filed paperwork to start the process for placing a 
revised initiative on the 2016 ballot.

This time, Morgan says he's better organized and better financed. 
More importantly, he says he's tweaked the ballot language to address 
critics' concerns.

With regard to children, the referendum would require the Department 
of Health to verify parental consent. With regard to caregivers, the 
department would have to conduct appropriate background checks and 
ensure qualifications are met. And with regard to debilitating 
diseases, doctors could face lawsuits if they prescribe marijuana for 
such non-debilitating conditions as a hangnail.

Morgan believes he has overcome the objections - all except that one 
about the state constitution.

On that point, there's an alternative to this petition drive - a form 
of direct democracy that lets people be heard on issues their 
representatives refuse to address.

Rather than watch a citizens' push take shape, the Florida 
Legislature could pass a law that legalizes medical marijuana for 
people with debilitating conditions, such as cancer, multiple 
sclerosis or post-traumatic stress disorder. The question is, will 
it? It should. For medical marijuana gives doctors a tool to help 
patients undergoing chemotherapy or fighting to live another day. 
Because for some patients, smoking marijuana relieves nausea, pain 
and anxiety like nothing else.

Morgan says that because of contacts made in last year's campaign, he 
expects to secure the 700,000 signatures he needs for the petition by 
the time the Republican-led Legislature convenes in March.

Knowing that a majority of Floridians support legalization of medical 
marijuana, lawmakers face a political calculation: Should they 
acquiesce and follow the lead of 23 states and the District of 
Columbia? Or should they let the question reach the 2016 ballot, when 
the presidential election is expected to boost turnout - along with 
the measure's chances of success?

"You don't have to be a political genius to understand that this will 
benefit the Democratic nominee more than the Republican nominee," Morgan says.

It's worth noting that also on Monday, Jeff Kottkamp, the former 
Republican lieutenant governor under Charlie Crist, registered to 
lobby for new legislation to legalize medical marijuana, called the 
Florida for Care bill.

"Like so many other Floridians who back medical marijuana, I have my 
own story," he told Nancy Smith of Sunshine State News. "I watched my 
mother suffer with cancer for 10 years. I think when we have loved 
ones and think there is any way to alleviate their suffering, how can 
we not do whatever it takes?

"We have a unique opportunity to shape public policy with our 
legislation, and to fix some of the glitches inherent in (Amendment 
2) and bring something very compassionate to the table," he said.

Last year, partly motivated by the constitutional amendment drive, 
Florida lawmakers dipped their toes into legalizing medical 
marijuana. They passed a law that allows use of a non-euphoric strain 
of marijuana oil, called Charlotte's Web. But enactment of the law, 
which was supposed to take effect Jan. 1, is a balled-up mess. An 
administrative law judge says the Florida Department of Health 
overstepped its authority in creating regulations, including a 
proposed lottery to award five manufacturing licenses. When it comes 
to running government like a business, DOH clearly missed the memo.

In the meantime, people who could benefit, particularly children with 
intractable seizures, are waiting and suffering.

Action is needed at the top. Gov. Rick Scott and state lawmakers must 
step in to ensure enactment of the Charlotte's Web law

At the same time, they should re-evaluate past objections, many of 
which have been addressed in the new initiative, and lead on a 
compassionate measure supported by a majority of Floridians.

Rather than let a petition drive push them aside, the governor and 
state lawmakers should lead the band and make sure we get the notes down right.
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MAP posted-by: Jay Bergstrom