TheFlorida Medical Marijuana Legalization Initiative, also known asAmendment 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.[2] 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.[3] 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.[4] 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 but smoking the medication is not allowed, instead the product can be consumed as edibles or by using vaping, oils, sprays or pills.[4]
In the United States, Election Day is the day set by law for the general elections of federal public officials. It is statutorily set as "the Tuesday next after the first Monday in the month of November" or "the first Tuesday after November 1". The earliest possible date is November 2, and the latest possible date is November 8.
A supermajority or supra-majority or a qualified majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for majority.
Medical cannabis, or medical marijuana, is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions, resulting in limited clinical research to define the safety and efficacy of using cannabis to treat diseases. Preliminary evidence suggests that cannabis can reduce nausea and vomiting during chemotherapy, improve appetite in people with HIV/AIDS, and reduce chronic pain and muscle spasms.
In 2016, measures to legalize recreational marijuana appeared on the ballot in five states: California, Nevada, Arizona, Maine, and Massachusetts. Four more states, including Florida, Arkansas, North Dakota and Montana, considered initiatives to legalize medical marijuana, a move that some say is a first-step towards full legalization.[5]
Implementation
The spokeswoman for the Florida Department of Health, Mara Gambineri, stated that the agency would follow the will of the voters when the constitutional amendment went into effect Jan. 3, 2017.[6] Before Jan. 3, 2017, the medical marijuana available to patients contained low THC.[6] Cannabis of any THC content was available to newly qualified patients after July 1, 2017.
The Florida Department of Health is responsible for protecting the public health and safety of the residents and visitors of the state of Florida. It is a cabinet-level agency of the state government, headed by a state surgeon general who reports to the governor. The department has its headquarters in Tallahassee.
Tetrahydrocannabinol (THC) is one of at least 113 cannabinoids identified in cannabis. THC is the principal psychoactive constituent of cannabis. With chemical name (−)-trans-Δ⁹-tetrahydrocannabinol, the term THC also refers to cannabinoid isomers.
According to a June 15, 2017 article reported by the National Organization for the Reform of Marijuana Laws (NORML), members of the Florida House and Senate have approved legislation to implement Amendment 2 on the final day of a special legislative session and Governor Rick Scott signed the bill into law. The measure prohibits patients from inhaling herbal preparations of cannabis, among other restrictions that proponents say violate the initiative's original intent. Orlando attorney John Morgan, and chairman for United For Care, a non-profit group for the legalization of medical marijuana, has said that he intends to sue the state over the proposed changes.
The National Organization for the Reform of Marijuana Laws is an American non-profit organization based in Washington, DC whose aim is to move public opinion sufficiently to achieve the legalization of non-medical marijuana in the United States so that the responsible use of cannabis by adults is no longer subject to penalty. According to their website, NORML "supports the removal of all criminal penalties for the private possession and responsible use of marijuana by adults, including the cultivation for personal use, and the casual nonprofit transfers of small amounts", and "supports the development of a legally controlled market for cannabis". NORML and the NORML Foundation support both those fighting prosecution under marijuana laws and those working to legalize marijuana. Similar affiliated organizations operate under the NORML banner in other countries, among them NORML New Zealand, NORML Ireland, NORML Canada, NORML UK and NORML France.
Richard Lynn Scott is an American businessman and politician, serving as the junior United States senator from Florida since 2019. He previously served as the 45th governor of Florida from 2011 to 2019.
Cannabis is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: Cannabis sativa, Cannabis indica, and Cannabis ruderalis; C. ruderalis may be included within C. sativa; all three may be treated as subspecies of a single species, C. sativa; or C. sativa may be accepted as a single undivided species. The genus is widely accepted as being indigenous to and originating from Central Asia, with some researchers also including upper South Asia in its origin.
Under the law, patients diagnosed with cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn's disease, Parkinson's disease, multiple sclerosis, or who suffer from chronic pain related to any of these diseases are eligible to receive a 70-day supply of cannabis-infused oils or edible products only.[7] On June 24, the law became effective and it includes eliminating the initial 90-day waiting period for the use of medical marijuana and added chronic nonmalignant pain as a qualifying condition.[8]
The Village of Golf is a village in Palm Beach County, Florida, United States. The population was 260 at the 2010 census, and ranked as the fourth highest-income place in the United States. As of 2004, the population recorded by the U.S. Census Bureau was 238.
Homestead is a city within Miami-Dade County in the U.S. state of Florida, between Biscayne National Park to the east and Everglades National Park to the west. Homestead is primarily a Miami suburb and a major agricultural area. It is a principal city of the Miami metropolitan area, which was home to an estimated 6,012,331 people at the 2015 census.
Criticisms of implementation
Cannabis activists and critics are concerned that the new law is not being implemented as outlined in Amendment 2, and not following the will of the voters who passed the constitutional amendment. Critics have expressed objections that Florida state regulators in Tallahassee, and at the Florida Department of Health who oversee the rules-making process for the use, distribution, licensing assignment for dispensaries and cultivators of cannabis, are playing favor to a limited number of medical marijuana dispensaries and cultivators who have ties to Florida legislators.[10] The applicants were ranked in a secretive process by a board appointed directly by Governor Rick Scott. Initial analysis of various applications shows a strong bias in some regions towards the winners, despite them not being qualified in cannabis cultivation, science, medicine or growing plants meant for human consumption.[11]
Critics assert that barriers to entry into the market would be constructed to keep out small businesses, people of color, woman ownership, and only allow wealthy white males that are politically connected to participate. Critics and cannabis activists suggest this would disrupt the medical cannabis program and not allow a free market to thrive where diversity is allowed, advocates can educate the public, small businesses can participate, and winners and losers are decided by the free market system.[12][13]
Another concern from advocates is a vertical market that will be created that limits the numbers of dispensaries and cultivators of cannabis within the state leading to prices being potentially too high for many cannabis patients in Florida. According to Ben Pollara, campaign chairman of the political committee that backed the constitutional amendment stated that "it not only maintains, but strengthens the cartel system of licensed marijuana growers in Florida and that prices will be high, quality will be low, choices will be few, and patients will be driven to the black market".[14]
Legal actions
Florida Legislature passed, and Governor Rick Scott signed, a provision that defines "medical use" to exclude "possession, use or administration of marijuana in a form for smoking." Arguing that Florida state legislators violated voters' intent when they prohibited smoking for the medical use of marijuana, John Morgan, the Orlando trial lawyer who spearheaded and financed the successful campaign to make medical access to cannabis a constitutional right, filed a lawsuit in Leon County Circuit Court on July 6, 2017, asking the court to declare the law implementing the 2016 constitutional amendment unenforceable.
"Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol [THC], and other cannabinoids, to the bloodstream. By redefining the constitutionally defined term 'medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of 'a licensed Florida physician' and is in direct conflict with the specifically articulated Constitutional process," the lawsuit states.
Morgan's lawsuit claimed that provision "redefined and narrowed the definition of marijuana in direct conflict" with the Constitution.[15]
A separate lawsuit was filed in November, 2017 against state health officials asserting they have been dragging their feet when it comes to officially launching its comprehensive medical marijuana program. The law ordered health officials to award 10 new medical marijuana licenses by the beginning of October, 2017. The Florida Department of Health granted only six such licenses after the law went into effect. It is for this reason that Miami business, Bill's Nursery, and epilepsy patient Michael Bowen are suing the state in federal court.[16] The lawsuit argues that the number of medical marijuana treatment centers operating across Florida "has proven inadequate for a state so large in both population and geography." It goes on to say the limited quality and marijuana strain types make the problem worse, which has made it difficult for patients to obtain effective medicine.[17] The failure to issue the licenses and open the application process "violates the constitutional and statutory rights of Florida citizens and businesses" and "directly affects the ability of patients to treat their ailments," the lawyers wrote in the lawsuit filed in Leon County circuit court.
Jon Mills, retired dean of the University of Florida law school and a former state House Speaker (1986–88), is Morgan's lead counsel on the action.
Deputy Solicitor General Denise Harle argues that "the plain language of the Amendment refutes" Morgan's case. Mills responded to Harle that the amendment itself "places no limitation on the use of marijuana in a form for smoking," calling the ban a "direct irreconcilable conflict." Saying that the amendment doesn't overtly address smoking "misses the point," he added that banning it "takes discretion out of the hands of patients and physicians."
Circuit Judge Karen Gievers scheduled a January 25, 2018 hearing on the state's motion to dismiss.[18] On January 26, 2018, the judge refused to grant the state's motion to dismiss the case and will allow the case to proceed.
"The pending complaint contains sufficient allegations to meet the standing and active case or controversy criteria for the court to have jurisdiction over this declaratory judgment action," Gievers wrote in the court order.[19]
The judge set a one-day trial for May 16, 2018 in the legal effort to overturn the state's ban on smoking medical marijuana.[20]
On May 25, 2018, Judge Karen Gievers ruled the state law banning patients from smoking medical marijuana unconstitutional. Gievers found that the constitutional amendment approved by voters in 2016 which broadly legalized medical marijuana gives eligible patients the right to smoke the medical marijuana in private.
The law banning smoking of medical marijuana "is invalid because it conflicts with the Florida Constitution and prohibits a use of medical marijuana that is permitted by the amendment: smoking in private," Gievers wrote in a 22-page order.
Gievers also found that the language in the amendment "recognizes there is no right to smoke in public places, thereby implicitly recognizing the appropriateness of using smokable medical marijuana in private places consistent with the amendment."
The Florida Department of Health said the state is expected to appeal, which likely would place Gievers' order legalizing the smoking of medical marijuana on temporary hold.[21]
On June 5, 2018, the judge lifted the ban on smoking cannabis in Florida, giving the state until June 11, 2018, to put a plan together. Gievers said the state's ban caused irreparable harm to patients who could not get the treatment recommended for them.[22]
"The automatic stay will prolong the period that Ms. Jordan, Ms. Dodson and all Floridians like them with debilitating medical conditions who would benefit from smokable medical marijuana are unable to receive the best available treatment for them," the motion said.
"Without any corresponding benefit to the defendants (the Department of Health), the automatic stay increases the pain and suffering of the individual plaintiffs and denies them access to a constitutionally permitted medical treatment. This is the irreparable harm that plaintiffs will suffer if the automatic stay is permitted to remain in effect."[23]
Gievers also said there was no likelihood that the state would be successful in its appeal of her ruling.
Key differences from 2014 proposal
The initiative improved on four key issues from the 2014 proposal.[24]
Doctors are required to receive parental consent from minors: "In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing."
The chronic illness that allows a patient to receive the medical marijuana is better spelled out, as stating "same kind or class as or comparable to" when defining specific illnesses.
This bill does not repeal any law that defends "negligence or professional malpractice on the part of a qualified patient, caregiver, physician, MMTC (Medical Marijuana Treatment Center), or its agents or employees."
Additional clauses were added to close the "drug-dealer loophole" in that MMTC's may be limited to how many qualified patients they treat a year.
Financial backers
Funding for Amendment 2 came from various political action committees, including a $1 million contribution came from Washington, D.C.-based, pro-marijuana legalization New Approach PAC. Additional funds were primarily backed by The People for Medical Marijuana PAC, also known as United for Care, who is the bill's sponsor.[25] As of November 2016, they have provided over $12.5 million towards the amendment.[26] The United for Care committee is chaired by Orlando trial lawyer John Morgan, who has largely bankrolled the Florida medical marijuana effort by contributing at least $6.5 million towards the initiative, and $326,438 in November, 2016.[26][27]
Opposition
Las Vegas casino magnate Sheldon Adelson donated $500,000 towards the effort to thwart the bill,[27] including a contribution of $1 million to the Drug-Free Florida Committee, who also fought the initiative. Adelson, whose son died of a drug overdose, committed $5.5 million to help defeat the medical marijuana Amendment 2 in 2014.[28]
Former Florida Supreme Court justices rallied together to produce an Op-Ed for the Tampa Bay Times in opposition to the new initiative, stating, "medical marijuana will be too easy for doctors to prescribe", and, "it'd be a wide open door for marijuana regardless of its need as a compassionate, alternative treatment option." [30] Additionally, their letter contends that marijuana will be sold at "pot shops" and that there would be more pot shops than 7-11's, McDonald's, and Starbucks combined. Lastly, they stated that there's a right to privacy clause in the bill that would enable criminals to discreetly create "a new pipeline for pot [to get] into high schools throughout Florida."[30]
Leaders of the City of Apopka voted unanimously to ban medical marijuana until May 31, 2017.[31]Charlotte County has already placed a 9-month prohibition of the amendment taking place, and the commissioners stated that they fear they'll be sued by the federal government as cannabis currently remains on the Schedule 1 list, among the most dangerous drugs.[32][33] The Charlotte County Sheriff, Bill Prummel, has been vocal in his opposition to medical marijuana because of his fears that "we will trade our pill mills for pot shops," [34] referring to the Florida clinics that loosely issued prescription painkillers throughout the state and causing an addiction epidemic, until Florida Attorney General Pam Bondi issued legislation to shut them down in 2011.[35][36] Sheriff Prummel is Chair of the Charlotte Drug-Free Florida committee. The State committee, Drug-Free Florida, spent $704,389 in the weeks before the general election by producing television ads declaring, "marijuana has no medicinal purposes."[37][38]
Following the failure of the 2014 initiative by the same name, on December 17, 2015, the Florida Supreme Court concluded that the People for United Medical Marijuana's sponsorship of Amendment 2 satisfied the court's requirements.[40]
Sponsored again by United for Care, they received the following petition signatures for the initiative to begin and appear on the primary, per election requirements:[41]
Required for review by Attorney General:
68,314
Required to have initiative on the ballot:
683,149
Number currently valid:
716,270*
In the weeks prior to the general election date, Broward County election officials omitted Amendment 2 from some of the mail in ballots, prompting a lawsuit from NORML, a pro marijuana legalization firm. Following two emergency hearings, the 17th Judicial Circuit Court judge, Carol-Lisa Phillips, ruled that "there is no evidence of irreparable harm in the case." She continued, "because both of the voters who had confirmed instances of faulty vote-by-mail ballots already received replacement ballots," and no further action has been taken against the election officials.[42][43]
The amendment passed during the general election on November 8, 2016, with a supermajority vote of 71.32%.[44] That percentage equated to 6,518,919 total votes in favor of the amendment.[45]
Economic Impact
According to research from the company New Frontier Data, the market growth is expected to be $1.6 billion a year by 2020 due to the state's percentage of the elderly and because it is the third most populous state in America.[46]
The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff. Its stated aims are to: (1) increase public support for non-punitive, non-coercive marijuana policies; (2) identify and activate supporters of non-punitive, non-coercive marijuana policies; (3) change state laws to reduce or eliminate penalties for the medical and non-medical use of marijuana; and (4) gain influence in Congress. MPP advocates taxing and regulating the possession and sale of marijuana in a manner similar to alcohol, envisions a nation where marijuana education is honest and realistic, and believes treatment for problem marijuana users should be non-coercive and geared toward reducing harm.
The removal of cannabis from Schedule I of the Controlled Substances Act, the most tightly restricted category reserved for drugs that have "no currently accepted medical use," has been proposed repeatedly since 1972.
The legal history of cannabis in the United States pertains to the regulation of cannabis for medical, recreational, and industrial purposes 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.
The Rohrabacher–Farr amendment is legislation first introduced by U.S. Rep. Maurice Hinchey in 2001, prohibiting the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws. It passed the House in May 2014 after six previously failed attempts, becoming law in December 2014 as part of an omnibus spending bill. The passage of the amendment was the first time either chamber of Congress had voted to protect medical cannabis patients, and is viewed as a historic victory for cannabis reform advocates at the federal level. The amendment does not change the legal status of cannabis however, and must be renewed each fiscal year in order to remain in effect.
Cannabis in Oregon relates to a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first U.S. 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.
In the United States, the use of cannabis for medical purposes is legal in 33 states, four permanently inhabited U.S. territories, and the District of Columbia, as of January 2019. Fourteen 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 considerable 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.
Cannabis in California is legal for both medical and recreational use. In recent decades, the state has been at the forefront of efforts to reform cannabis laws, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although Proposition 19 was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996. In November 2016, California voters approved the Adult Use of Marijuana Act to legalize the recreational use of cannabis.
Cannabis in Colorado refers to cannabis use and possession in the state of Colorado. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to legalization in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. At the state level, however, policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Colorado and Washington became the first states to legalize cannabis for recreational use.
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.
Initiative 59 was a 1998 Washington, D.C. voter-approved ballot initiative that sought to legalize medical cannabis. The short title of the initiative was "Legalization of Marijuana for Medical Treatment Initiative of 1998". Though the initiative passed with 69% of the vote in November 1998, its implementation was delayed by Congress's passage of the Barr Amendment, which prohibited DC from using its funds in support of the program. This Amendment delayed the start of the medical marijuana program until it was effectively overturned in 2009, with the first DC customer legally purchasing medical cannabis at a dispensary in the District in 2013.
Cannabis in Arkansas concerns the drug cannabis in Arkansas, United States, where it had been illegal for all purposes since 1923, and possession of small amounts is a misdemeanor crime. A 2012 attempt to legalize medical cannabis failed with a vote of 51.44% to 48.56%. Medical marijuana was legalized in 2016.
Cannabis in North Dakota concerns the drug cannabis in North Dakota, United States, where cannabis was legalized for medical purposes in 2016 but remains illegal for recreational purposes. Possession of small recreational amounts is a misdemeanor crime. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%.
Cannabis in Nevada became legal for recreational use effective January 1, 2017, having been legalized by ballot initiative in 2016. Medical marijuana use was legalized by ballot initiative in 2000, and has been available to licensed individuals in the state since shortly after that date. Nevada also licenses growers and distributors, and citizens of Nevada are banned from growing their own cannabis unless they live more than 25 miles from a licensed dispensary.
Cannabis in Arizona is legal for medical uses, but prohibited for recreational use.
Cannabis in Missouri is illegal but decriminalized. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution.
Cannabis in Florida is legal for medical use per Florida Amendment 2 (2016), but illegal for recreational use.
In the U.S. state of Ohio, cannabis is illegal for recreational use but decriminalized for possession of up to 100 grams. Medical use was legalized through a bill signed into law in June 2016, with the first legal sales occurring in January 2019.
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