Legislature Surrendering Control Of MMJ Issue As Amendment 2 Forges Ahead

Robert Celt

New Member
Legislators are once again abdicating their responsibilities on the issue of medical marijuana. Despite widespread public support for the legalization of cannabis for debilitating conditions, lawmakers are failing to consider sweeping medical marijuana legislation and the prospects for a bill to appear before the 2016 session ends are dim but warranted.

Lawmakers have been ignoring citizens who have been clamoring for the compassionate legalization of medical cannabis for at least a decade.

There is one medical marijuana bill moving through the Legislature, but its highly restrictive provisions only serve a small population. Only terminally ill Floridians with less than one year to live will gain access to cannabis.

The Compassionate Cannabis Act of 2014 once energized families with hope, but Tallahassee cannot get its act together -- creating much frustration. The law legalizes low-grade, non-euphoric, non-smokable marijuana called Charlotte's Web to help people with seizures. But the law has been bottled up by state Health Department blunders in rule-making and litigation over the process of selecting and licensing only five nurseries to cultivate marijuana.

The state needs a comprehensive approach to medical marijuana, not piecemeal laws.

Cannabis proponents finally had enough of the legislative intransigence, and the United We Care organization created a citizens initiative that earned enough petition signatures to win a place on the 2014 ballot. That constitutional amendment failed by the slimmest of margins, with 58 percent of the electorate approving -- just below the required 60 percent for passage. Known as Amendment 2, the ballot language contained worrisome provisions that opened the door to abuse. Other loopholes also doomed the measure.

But that majority vote should have sent a loud message to the Legislature that Floridians want the legalization of medical marijuana to ease the pain and suffering of so many citizens. Instead, tone-deaf lawmakers failed to approve a bill during the 2015 legislative session.

With missed opportunities, legislators cede control over the issue. Florida would best be served by medical cannabis legislation, which could evolve over time. A constitutional amendment is set in stone.

But here voters are again, with a rewritten Amendment 2 on the 2016 ballot after petitions were certified in late January. The new language resolves all the objectionable provisions of the flawed 2014 initiative. The most feared section left the question of what qualifies as a debilitating condition open to a doctor's discretion. The new amendment specifically defines the diseases and conditions that qualify for medical cannabis, including cancer, HIV/AIDS, epilepsy, glaucoma, Parkinson's disease, post-traumatic stress disorder and other debilitating medical conditions comparable to the ones specifically cited in the amendment.

Another concern about the 2014 initiative was the contention that minors would be able to obtain medical marijuana without parental consent, even though current state law mandates that permission. The new language assuages those fears by requiring the state Department of Health verify parental permission.

Should Amendment 2 pass, the Legislature will have some control by virtue of its ability to write implementing language. But the issue should never have come down to a constitutional amendment.

This being a presidential election, history shows voter turnout will be much higher than in a midterm election. The number of younger voters increases, too. This combination bodes well for passage of Amendment 2.

This Editorial Board opposed the 2014 Amendment 2, but we support the 2016 version, much improved with various clarifying revisions.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Legislature Surrendering Control Of MMJ Issue As Amendment 2 Forges Ahead
Author: Editorial
Contact: Bradenton Herald
Photo Credit: Derek Davis
Website: Bradenton Herald
 
It's sad to have to govern by initiative. The modification of a Constitution is rife with problems and one only need look to the flawed process in place in Colorado to see the dangers of unintended consequences. Once done it is done. It is far superior to have legislators that legislate instead of posturing.
 
About 20 yrs ago a gov't office wanted to expand the municipal limits to incorporate a bunch of rural land owners. This would direct our taxes to the municipality but we'd get nothing in return. So, we picked a day, warned the post office and everyone wrote on paper that we objected to the incorporation. Hundreds of letters were dumped in their offices. We won. If you want change, do the same only let them know you will vote for the opposition. Keep it short, to no more than two sentences. Each one has to be opened and read. Can you imagine if thousands of letters start flowing in. They want to remain in power and those letters will rattle a few cages.
 
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