By NCIA
|
January 28, 2014

Florida Medical Marijuana Constitutional Amendment Clears Final Hurdle


Yesterday, the language of the constitutional amendment to allow Floridians access to medical marijuana was approved by the state Supreme Court, placing the ballot question in front of voters this November, where it is expected to be approved given the strong support it already enjoys from Florida voters.

The initiative itself is quite brief in comparison to other laws which have recently passed and leaves most of the details of implementation to regulatory bodies. Importantly, patients with conditions such as PTSD, dementia, and other conditions aided by cannabis but not typically included in medical marijuana qualifying conditions will have the opportunity to legally access cannabis as the law allows patients to be qualified if their “physician believes that the medical use of marijuana would likely outweigh the potential health risks.”

Additionally, the measure defines a “medical marijuana treatment center” as an “entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department.” The Department of Health is required to issue regulations within six months instituting “procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance, renewal, suspension, and revocation of registration, and standards to ensure security, record keeping, testing, labeling, inspection, and safety.”

Importantly, the measure’s presence on the ballot could set the stage for the first election with national prominence where safe access to medical marijuana is a critical issue for candidates. As Reuters reports, a strong majority of Florida voters support the measure including a majority of Republicans. However, in what is expected to be a closely fought battle, Florida’s incumbent Republican Governor Rick Scott is opposed to the measure while his challenger, Democrat Charlie Crist, openly supports it. Marijuana policy advocates watching this race should expect to note a distinct increase in conversations — both publicly and privately — about the merits of legal medical marijuana among those interested in the race.

The United for Care campaign, a project of People United for Medical Marijuana, has received the bulk of its financial support from prominent Orlando attorney John Morgan, whose father and brother both benefited from the use of medical marijuana. The campaign is being managed by veteran Florida politico Ben Pollara, and has the support of many local and national organizations. And, while the measure is certainly expected to pass, the Florida legislature is currently considering other bills which would bring medical cannabis to Floridians even more quickly.

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