2014 Florida Amendment 2

Last updated

Amendment 2
Use of Marijuana for Certain Medical Conditions
OutcomeFailed to pass 60% supermajority required
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes3,370,76157.62%
Light brown x.svgNo2,478,99342.38%

2014 Florida Amendment 2.svg
Source: Florida Secretary of State [1]
Florida Voters Ballot 2014 - By voters initiative proposed amendment to the Florida Constitution to allow doctors to recommend the use of marijuana for patients and the patients use thereof. FL Ballot 2014 Amd.2 Compassionate Medical Marijuana.jpg
Florida Voters Ballot 2014 - By voters initiative proposed amendment to the Florida Constitution to allow doctors to recommend the use of marijuana for patients and the patients use thereof.

Florida Amendment 2, Use of Marijuana for Certain Medical Conditions, is an initiative that appeared on the November 4, 2014, ballot in the state of Florida as a citizen initiated state constitutional amendment.

Contents

It was officially certified by the state's secretary of state to appear on the 2014 November ballot and numbered Amendment 2, not to be confused with the 2008 ban on same-sex marriage of the same name. If it had been enacted, the measure would have allowed for the cultivation, purchase, possession and use of medical cannabis to treat certain medical conditions when recommended by a licensed physician. The amendment was introduced by People United for Medical Marijuana on March 26, 2009. [2] [3] As of 2014, twenty-three states and the District of Columbia have already passed legislation allowing doctors to recommend the medicinal use of marijuana thereby legalizing a patient's possession and use. [4] After the amendment failed, in 2016 a similar amendment passed.

2014 gubernatorial politics

The ballot measure was expected to have a significant impact on the 2014 governor's race, as the state's governor will be elected the same day the measure is voted on and both leading candidates have directly opposing views on the issue. Gubernatorial candidate, former governor, and Morgan & Morgan employee Charlie Crist(D) supported by donating a large sum of his own money to the effort,[ citation needed ] while the incumbent governor Rick Scott (R) is opposed to it.

Attorney General Pam Bondi lead an effort to keep the measure off the ballot, ultimately failing when the state's Supreme Court ruled in favor of the proposed ballot measure. Bondi, backed by Rick Scott, filed suit to prevent the proposed constitutional amendment from appearing on the ballot. This is the third citizen backed initiative to amend the Florida Constitution to allow for the medical use of cannabis however, several "hail-mary passes" which consisted of filing legal challenges with seconds remaining on the clock have successfully kept this matter off the ballot for years. Court documents alleged each year that the proposed amendment failed to meet the rules of statutory construction regarding vagueness and violated the single subject matter rule. A citizens for compassion petition for a proposed amendment to the Florida Constitution on the matter of decriminalizing the medicinal use of cannabis was drafted with a simplified statement using elementary language and petitioners began gathering the requisite minimum number of voter signatures well in advance of the deadline in order to preemptively place the proposed ballot language before the Court anticipating the inevitable legal challenge. [5] Under Florida's Constitution Florida's Supreme Court has ultimate authority and jurisdiction over proposed state constitutional amendment approval. Florida's top court ruled, in a split decision, that the language of the proposed amendment was not unconstitutionally vague nor confusing and the proposed amendment specifically addressed only one subject matter as required under the Florida Constitution and will be placed before the voters. [6] The Court used not so subtle cues by citing the rules of review from an advisory opinion titled "Advisory Op. to Att'y Gen. re Right to Treatment & Rehab. for Non-Violent Drug Offenses", finding, "This Court has traditionally applied a deferential standard of review to the validity of a citizen initiative petition and "has been reluctant to interfere" with "the right of self-determination for all Florida's citizens" to formulate "their own organic law." [7]

Supporters

Kim Russell, founder of People United for Medical Marijuana, said that she began legalization efforts shortly after her father was diagnosed with Parkinson's disease. Some research claims that the drug can help alleviate the symptoms. [8] In response to claims that politics is the motivating factor, Russell says, "It's freedom and it's also compassion." [9] Supporters are widespread and include some notable public figures, the Florida Cannabis Action Network and John Morgan, head of the Morgan & Morgan law firm. [10] Respected members of society have acknowledged the viable need for this legislation even admitting publicly to assisting loved ones to obtain medical marijuana including last sessions Florida State Senate President, Don Gaetz. [11]

Opposition

Opponents include Sheldon Adelson, a Nevada Billionaire who donated $2.5 million to the Drug Free America Foundation, which is a political committee that helped defeat the measure. [12]

Path to the ballot

In order to qualify for the 2014 ballot supporters are required to collect a minimum of 683,149 valid signatures by the petition drive deadline on February 1, 2014.

Supporters reported in August 2013 that they had collected at least 110,000 signatures, enough to trigger a ruling by the Supreme Court of Florida on the measure's constitutionality. Because of the cost of circulating petitions, supporters said they were pausing all petitioning activity until the measure gained the court's approval. [5]

The language in the measure was later approved for the ballot by the Florida Supreme Court on January 27, 2014. Florida Attorney General Pam Bondi had been litigating against the measure in court. An opinion against it was also filed by the Florida Legislature.

A multi-institutional study by Penn Medicine published in JAMA Internal Medicine, supported by the National Institutes of Health (R01DA032110, R25DA023021) and the Center for AIDS Research at the Albert Einstein College of Medicine and Montefiore Medical Center (NIH AI-51519), found that on average, states allowing the medical use of marijuana have lower rates of overdose caused deaths from opioid analgesics, such as OxyContin, Percocet and Vicodin than states without compassionate use medical marijuana laws. Researchers at the Perelman School of Medicine at the University of Pennsylvania reviewed rates of death caused by opioid overdoses between 1999 and 2010. Results of the research reflect that on average, the (then 13) states with laws permitting medical use of cannabis reported an opioid overdose mortality rate at 24.8 percent lower after the compassionate use laws were enacted than those states without compassionate use laws. Implications of the findings may be the best evidence of the claims long made by proponents of medical marijuana use whose previous arguments were largely supported by anecdotal evidence due to the FDA ban inhibiting research. Long term benefits may be even greater where the study revealed that over time the relationship was even more apparent, as deaths attributed to opioid overdose were nearly 20 percent lower in the first year after a state's medical use law was implemented, and opioid overdose deaths continued to decrease to 33.7 percent lower five years after implementation of medicinal use laws. The study provides irrefutable evidence using a discrete data set (state), with a clear variable (with or without medicinal cannabis use), and a measurable mortality rate may provide the proof that cannabis is a safer medication for those patients with chronic pain such as that endured by cancer patients.

A poll conducted by Quinnipiac University and released on July 28, 2014, indicated that 88 percent of Florida's voters favor legalization of medical marijuana. [13] [14]

Result

Amendment 2 failed, receiving 57.6% of the vote. This was short of the 60% supermajority required for constitutional amendments in Florida. [15]

See also

Related Research Articles

In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start an initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in Oregon</span> Use of cannabis in Oregon

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Medical cannabis in the United States</span> Use of cannabis for medical purposes in the United States

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">2012 Massachusetts Question 3</span> Ballot measure in Massachusetts legalizing medical marijuana

The Massachusetts Medical Marijuana Initiative, appeared as the third question on the state's 2012 ballot as an indirect initiated state statute. The measure allows cannabis to be used for medical purposes in the state. The initiative—backed by the American Civil Liberties Union, the Massachusetts Patient Advocacy Alliance, and the Committee for Compassionate Medicine—was filed with proponents turning in the required signatures to the Massachusetts Attorney General's office by the August 3, 2011 deadline. Those signatures were needed for the required ten qualified voters who submitted the original petition to put forward the full text of the law they want enacted. The initiative passed with support from 63% of state voters.

<span class="mw-page-title-main">Cannabis in South Dakota</span> Legality, use and culture of cannabis in the U.S. state of South Dakota

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

<span class="mw-page-title-main">Cannabis in Alaska</span> Legality, use and culture of cannabis in the U.S. state of Alaska

Cannabis in Alaska is legal for recreational use since 2014. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.

<span class="mw-page-title-main">2016 Florida Amendment 2</span> Ballot measure in Florida legalizing medical marijuana

The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the Tuesday, November 8, 2016, general election in the State of Florida. The bill required a super-majority vote to pass, with at least 60% of voters voting for support of a state constitutional amendment. Florida already had a medical marijuana law in place, but only for those who are terminally ill and with less than a year left to live. The goal of Amendment 2 is to alleviate those suffering from these medical conditions: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition or other debilitating medical conditions comparable to those listed. Under Amendment 2, the medical marijuana will be given to the patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Smoking the medication was not allowed under a statute passed by the Florida State Legislature, however this ban was struck down by Leon County Circuit Court Judge Karen Gievers on May 25, 2018.

The Arkansas Medical Cannabis Act (AMCA) is a ballot measure that initially qualified for the ballot in Arkansas but was disqualified by the Arkansas Supreme Court 12 days before the November 8, 2016 election. A separate measure to legalize medical cannabis, the Arkansas Medical Marijuana Amendment, also qualified for the 2016 ballot and was approved by voters.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Florida</span> Overview of the use and culture of cannabis in Florida, U.S.

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

<span class="mw-page-title-main">Ashley Moody</span> Attorney General of Florida since 2019

Ashley Brooke Moody is an American attorney and politician serving as the Florida attorney general since January 2019. Moody previously served as an assistant U.S. attorney and a circuit court judge in Hillsborough County.

<span class="mw-page-title-main">2020 South Dakota Measure 26</span> Ballot measure in South Dakota legalizing medical marijuana

South Dakota Initiated Measure 26 was a 2020 voter initiative to legalize medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. The sponsor of the initiative was New Approach South Dakota, a volunteer group headed by Melissa Mentele. The group had unsuccessfully tried to get an initiative on the 2018 ballot. Polling in September 2020 indicated 70% voter support for the initiative.

<span class="mw-page-title-main">2020 Montana Initiative 190</span> 2020 cannabis legalization ballot measure

Montana I-190, the Montana Marijuana Legalization and Tax Initiative was a cannabis legalization initiative that appeared on the November 3, 2020 Montana general election ballot. Passing with 57% approval, the initiative legalized recreational marijuana in the state effective January 1, 2021. Along with Arizona, New Jersey and South Dakota, Montana was one of four states that legalized cannabis via ballot measures in the November 2020 election.

<span class="mw-page-title-main">2020 South Dakota elections</span>

South Dakota state elections in 2020 were held on Tuesday, November 3, 2020. Its primary elections were held on June 2, 2020.

<span class="mw-page-title-main">2020 South Dakota Amendment A</span> Ballot initiative in South Dakota, United States

South Dakota Constitutional Amendment A, the Marijuana Legalization Initiative, was a cannabis legalization initiative that appeared on the November 3, 2020 South Dakota general election ballot. Passing with 54% of the vote, the measure would have legalized recreational marijuana in South Dakota effective July 1, 2021. Additionally, Amendment A required the South Dakota State Legislature to establish a medical marijuana program and legal hemp sales by April 1, 2022.

<span class="mw-page-title-main">2022 Missouri marijuana legalization initiative</span> Voter initiative in the U.S. state of Missouri

2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.

<span class="mw-page-title-main">2023 Oklahoma State Question 820</span> Marijuana ballot measure

Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in the U.S. state of Oklahoma. It would have placed Oklahoma Medical Marijuana Authority in charge of business regulation. It appeared on the March 7, 2023 in a special election to consider this single State Question. Governor Kevin Stitt, who opposed the measure, set the special election in a successful attempt to limit voter turnout.

The 2024 Florida marijuana legalization initiative, officially titled "Adult Personal Use of Marijuana", is a voter initiative that will appear on the 2024 ballot, if no successful legal challenge is brought. It would amend the state constitution to legalize cannabis in the state of Florida.

References

  1. Detzner, Ken. "Florida Department of State - Election Results". Florida Secretary of State . Retrieved October 7, 2018.
  2. "Initiatives/Amendments/Revisions". Archived from the original on November 13, 2013. Retrieved November 13, 2013.
  3. "Kush "Florida Marijuana Initiative Needs Over 670,000 Signatures for 2014 Ballot," May 3, 2012". Archived from the original on November 13, 2013. Retrieved November 13, 2013.
  4. "Oregon, Alaska, D.C. next to vote on legal marijuana".
  5. 1 2 "Medical marijuana group gets 110,000 signatures, waits for high court ruling".
  6. Florida Supreme Court Opinions
  7. Advisory Op. to Att'y Gen. re Right to Treatment & Rehab. for Non-Violent Drug Offenses, 818 So. 2d 491, 494 (Fla. 2002).
  8. Lotan, I; Treves, TA; Roditi, Y; Djaldetti, R (2014). "Cannabis (medical marijuana) treatment for motor and non-motor symptoms of Parkinson disease: an open-label observational study". Clin Neuropharmacol. 37 (2): 41–4. doi:10.1097/WNF.0000000000000016. PMID   24614667. S2CID   206125720.
  9. ANDERSON, ZAC. "New push in Florida for medical marijuana". Archived from the original on November 13, 2013. Retrieved November 13, 2013.
  10. "News-Press.com, "Florida medical marijuana advocates claim impending victory," June 3, 2013". Archived from the original on July 11, 2013. Retrieved November 13, 2013.
  11. Stein, Gary (September 9, 2014). "Florida's Medical Marijuana Amendment: Forced Choices or Freedom to Treat? - Huffington Post". HuffPost .
  12. "Nevada billionaire spending millions against Fla. marijuana amendment". Archived from the original on June 13, 2014. Retrieved June 12, 2014.
  13. Topaz, Jonathan. "Florida poll: Most back legal marijuana". www.politico.com. Politico. Retrieved July 29, 2014.
  14. "Florida (FL) Poll - July 28, 2014 - Florida Backs Medical Marijuan | Quinnipiac University Connecticut". Archived from the original on October 24, 2014. Retrieved October 20, 2014.
  15. "Medical marijuana: On the ballot in Florida in 2016?". Sun Sentinel. Retrieved November 14, 2016.