Florida: Medical Marijuana Supporters Seek Another Ballot Bid

Jacob Redmond

Well-Known Member
Leaders of last year's campaign for a constitutional amendment to legalize medical marijuana often heard opponents tell them their approach was all wrong.

Any move toward allowing the use of marijuana to treat ailments should be undertaken by the Legislature, critics said, and not through the blunt action of a constitutional amendment.

Ben Pollara, campaign manager of United for Care, the group that led the Amendment 2 effort, said supporters attempted to heed that advice following the failure of the measure in last November's election. They urged legislators to act in this year's session, expanding upon a 2014 law allowing limited use of a noneuphoric cannabis oil for certain patients.

Pollara's response now: We tried that, and it didn't work.

"The latest legislative session was obviously a gigantic disappointment, both as an advocate for medical marijuana and also as a Floridian whose taxes go to paying these people, and they really didn't get a whole lot of anything accomplished," Pollara said. "My position on the Legislature has generally been one of cynicism, but I went into this year's session a little more hopeful and now I'm back to being a little bit of a cynic."

And now United for Care is charging forward with plans to get a revised version of Amendment 2 on the ballot for the November 2016 election.

It should be much easier this time.

Orlando lawyer John Morgan founded and bankrolled United for Care, saying he wanted to see medical marijuana legalized because its use would benefit people like his brother, Tim Morgan, who was paralyzed in a diving accident as a teenager and endures chronic pain.

After early polls showed overwhelming support for medical marijuana, Amendment 2 drew approval from 57.6 percent of Florida voters, less than the 60 percent required for passage.

Last time around, United for Care started late and raced to collect the 683,149 required signatures before the deadline set by Florida's Division of Elections.

Morgan declared his plans for a second campaign in January, and United for Care volunteers began gathering signatures. In June, the organization announced it had contracted with a California company, PCI Consultants, to hire professionals to lead the petition drive.

United for Care has already collected nearly 10 percent of the required number, a spokeswoman said, a portion that qualifies the proposal for review by the Florida Supreme Court.

All citizen initiatives must meet state guidelines for accuracy and clarity, and early review provides the chance to revise the language of the proposal and start over, if necessary.

Pollara, who returns to manage the second campaign, said United for Care is much better positioned this time, starting with a database of supporters from the 2014 race. Pollara said it took $4 million to get Amendment 2 approved for the ballot, and Morgan covered about 85 percent of the cost. Pollara estimated the effort will cost about $3 million this time, and Morgan's portion will be far less than 85 percent.

He said Morgan kick-started the petition effort by wiring the campaign $150,000 for a deposit to cover signature-collection efforts and to have a million petitions printed.

Polk County Effort

Morgan Haas of Lakeland served as United for Care's lead volunteer in Polk County last year and expects to have the same role in the second campaign.

Haas, 34, who has chronic pain caused by multiple ailments, said marijuana promises relief for him and many other ailing Floridians. Haas remains stung by the failure of Amendment 2 to reach the 60-percent threshold last year. The amendment drew only 48-percent support in Polk County.

It's unclear whether Polk County Sheriff Grady Judd might play as prominent a role on a second campaign as he did in 2014, when he was president of the Florida Sheriffs Association. The group took a position opposing Amendment 2, and Judd served as its main spokesman throughout the campaign.Judd declined to comment for this article.

"I'm working on flipping that 48 percent (in Polk) to 60 percent," Haas said. "We're trying to get more education to Polk County than last time. We're trying to outreach to community leaders more than last time. If you look at the results, you see Polk County was a swing county last time, and I think the (United for Care) leaders realize that."

Reasons For Optimism

Pollara said he finds many reasons to be optimistic about the prospects of a new constitutional amendment. Because 2016 is a presidential election, Pollara said the turnout will include a higher percentage of young voters who are more likely than seniors to support medical marijuana.

Amendment 2 opponents, who received $5.5 million in donations from Las Vegas casino tycoon Sheldon Adelson, outspent supporters on advertising in 2014. Pollara said he expects the advertising ratio to be more even in 2016, though he said Adelson's money ensures opponents will retain an advantage.

Judd and other critics of Amendment 2 cited language they said created loopholes that would allow children to get marijuana, drug dealers to become patients' caretakers and Floridians to acquire marijuana to treat such minor conditions as back pain. Pollara, although insisting the criticism was inaccurate, said the more specific language of the new proposal removes the "loophole" arguments.

But Calvina Fay, executive director of the St. Petersburg-based Drug Free America Foundation, said the new proposal remains unacceptable for anti-drug advocates.

"There's still tremendous loopholes," Fay said. "I can see 14 fatal flaws very easily, at least that many. They might have changed a few words in a couple of sentences, but basically it's the same as it was."

Legislative Efforts

Sen. Darren Soto (D-Kissimmee), whose district includes part of Polk, was one of the legislators seeking to expand upon a 2014 law allowing use of cannabis oil for Floridians with epilepsy and cancer. Soto supported a bill filed by Sen. Jeff Brandes (R-St. Petersburg) that would have allowed Floridians with a doctor's recommendation to obtain "medical-grade marijuana" to treat symptoms of a variety of ailments, and he filed an amendment aimed at increasing the level of THC – the psychoactive compound in marijuana – allowed in cannabis oil.

Brandes' bill made it to the Senate floor, but it languished because a companion bill in the House made no progress. Rep. John Wood (R-Winter Haven) served as a prime co-sponsor of the House bill filed by Rep. Greg Steube (R-Sarasota), a measure with much stricter provisions than the Senate version.

Soto said any chance of passing a merged version of the bills vanished when the House adjourned four days before the end of the regular session.

"I thought it was a missed opportunity, particularly for our terminally ill cancer patients, and for those who are not supportive of a potential constitutional amendment this was an opportunity to provide a viable alternative," Soto said. "I did support that (2014) amendment, and while I have not seen the initial language for this ballot, it is highly likely I'll be supporting it, but I have to see it first."

Wood said he had no complaints with the Republican leadership in the House, which did not allow the bill he co-sponsored to be heard in any committees. He said he understood the desire to wait for implementation of the 2014 law before expanding or revising Florida's program. "I think the fact that we didn't pass it last year doesn't mean we can't pass it in the 2016 session," Wood said. "That's what I'm committed to, and I know a number of legislators are committed to that approach."

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