The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was on the November 8, 2016, ballot in Florida as an initiated constitutional amendment and was subsequently approved by 71.32% of the voters.
The Florida Constitution provides that unless otherwise specified, approved amendments become effective on the first Tuesday after the first Monday in January following the election. As Amendment 2 did not provide specific effective dates, it went into effect on January 3, 2017. Amendment 2 required the Florida Department of Health to set regulations for the issuance of identification cards, qualifications and standards for care givers, and rules for the registration of medical marijuana treatment centers within six months of the effective date. The department released its proposed rules for regulating the medical marijuana industry on January 18, 2017. Amendment 2 supporters argued that the rules were too restrictive and would make it more difficult for new businesses to enter the industry.
The Florida Constitution provides that unless otherwise specified, approved amendments become effective on the first Tuesday after the first Monday in January following the election. As Amendment 2 did not provide specific effective dates, it went into effect on January 3, 2017. Amendment 2 required the Florida Department of Health to set regulations for the issuance of identification cards, qualifications and standards for care givers, and rules for the registration of medical marijuana treatment centers within six months of the effective date. The department released its proposed rules for regulating the medical marijuana industry on January 18, 2017. Amendment 2 supporters argued that the rules were too restrictive and would make it more difficult for new businesses to enter the industry.
What medical conditions would qualify?
•Cancer
•Epilepsy
• Glaucoma
• HIV
•AIDS
• Post-traumatic stress disorder (PTSD)
• Amyotrophic lateral sclerosis (ALS)
•Crohn's disease
•Parkinson's disease
•Multiple sclerosis
•Cancer
•Epilepsy
• Glaucoma
• HIV
•AIDS
• Post-traumatic stress disorder (PTSD)
• Amyotrophic lateral sclerosis (ALS)
•Crohn's disease
•Parkinson's disease
•Multiple sclerosis
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Who can use Medical Marijuana? A person with a doctor’s certificate stating the patient qualifies for medical marijuana. The Florida Department of Health would issue an identification card to be shown at the time of purchase. The Card would let law enforcement know the patient can possess the amount set by law. When could a patient start legally using marijuana? The effective date of the amendment is January 6 2017. After that date, the Department of Health must implement regulations within six months and begin issuing identification cards within nine months. If the department fails to issue the cards within nine months, the doctor’s certification will serve as identification. How much marijuana could a patient possess? The amount will be determined by the Department of Health and will be based on what is ‘’reasonably presumed to be an adequate supply’’. Patients who believe they will require more are able to appeal this set amount. Patients would be allowed to possess products in the form of marijuana. How would a patient fill a prescription? There will be no prescriptions because marijuana is not an FDA- approved medicine with controlled doses. It would be more like an over-the-counter herb. Certifying doctors must be licensed in Florida and perform a physical examination. The doctors must, also, conduct a ‘’full assessment of a patient’s history’’. The amendment does NOT, however, require doctors and patients to have an ongoing relationship. Where would medical marijuana be sold? Marijuana would only be sold at state-licensed dispensaries referred to as, “Medical Treatment Centers”. The Department of Health would issues rules/regulations for the monitoring of the dispensaries. Growers would also be licensed as a Medical Treatment Center. Growing your own marijuana would remain illegal, as it is under the current law.. Could pot-smoking in public be regulated just as cigarette smoking is regulated? Yes. Calling it medicine does not confer the right to use marijuana anywhere. |
What if the Department of Health writes regulations so restrictive that usage is effectively banned? The department must issue ‘’timely’’ and ‘’reasonable’’ rules that ‘’ensure the availability and safe use of medical marijuana by qualifying patients.’’ If the regulations are too restrictive, any Florida citizen could sue to enforce its constitutional intent. How old must a patient be? The amendment does not set age limits. In other states, use by minors requires parental consent, as with traditional medicinal treatments. Would insurance cover it? That would be up to the insurer. The amendment does not require coverage. Medicare does not cover nonprescription drugs and supplements. What about using it at work or in school? Schools and employers would be free to prohibit on-site use. The amendment does not prohibit employers from requiring drug tests or imposing sanctions for positive results. Would information on identification cards be public? No. The Department of Health must keep records confidential, even from employers or family members. The information could be disclosed for ‘’valid medical or law enforcement purposes’’. Could the legislature set up its own system to regulate medical marijuana? Yes, but it could not contradict the amendment. For example, the legislature could not make dispensaries illegal. However, it could permit home cultivation, which is now banned by the statute. Could the Florida Supreme Court ruling on the ballot language be appealed? Not successfully. Federal courts leave interpretation of state constitutions to state courts. |
