The Florida Right to Medical Marijuana Initiative, Amendment 2 is on the November 4, 2014 ballot in the state of Florida as an initiated constitutional amendment. The measure, upon voter approval, would legalize the cultivation, purchase, possession and use of marijuana to treat medical conditions when recommended by a licensed physician. The measure would also order the Florida Department of Health to register and regulate producers and distributors of medical marijuana and to issue identification cards to patients and caregivers utilizing marijuana
The measure is sponsored by People United for Medical Marijuana.
Text of measure
Ballot title
The official title reads as follows:| “ | Use of Marijuana for Certain Medical Conditions | ” |
—Office of the Florida Secretary of State,
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Ballot summary
The official ballot text reads as follows:| “ | Allows the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. Allows caregivers to assist patients’ medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not authorize violations of federal law or any non-medical use, possession or production of marijuana. | ” |
—Office of the Florida Secretary of State,
| ||
Constitutional changes
Amendment 2 would add a Section 29 to Article X of the Florida Constitution.The amendment’s full text can be read here.
Fiscal note
The fiscal note developed by the Financial Impact Estimating Conference reads as follows:| “ | Increased costs from this amendment to state and local governments cannot be determined. There will be additional regulatory and enforcement activities associated with the production and sale of medical marijuana. Fees will offset at least a portion of the regulatory costs. While sales tax may apply to purchases, changes in revenue cannot reasonably be determined since the extent to which medical marijuana will be exempt from taxation is unclear without legislative or state administrative action. | ” |
—Florida Office of Economic & Demographic Research,
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Support
Multiple media outlets have predicted that the measure will aid Florida Democrats, especially in the state’s gubernatorial and lieutenant gubernatorial election, since the initiative may bring out young people, who tend to vote more Democratic.Ana Cruz, former executive director of the Florida Democratic Party, said, “I wish that it didn't take medical marijuana on the ballot to motivate our young voters to go and vote because there's far too much at stake for them and their children. But listen, we'll take it any way we can get it.”
Supporters
Officials
- Sen. Jeff Clemens (D-27)
- Rep. Katie Edwards (D-98)
Former officials
- Former Gov. Charlie Crist (D)
- Former Sen. Nan Rich (D-34)
Organizations
- Florida Cannabis Action Network
- Florida Cannabis Industry Association
- Libertarian Party of Florida
Individuals
- Attorney John Morgan
- Jeremy Bufford, marijuana cultivation expert
- George Soros
Arguments
Pen Pollara, campaign manager of United for Care, offered counter arguments to what he considered the opposition's four main arguments:- Claim #1: "Medical marijuana will destroy families like alcohol and other drugs have." Pollara replied, "Florida voters understand that passing Amendment 2 will grant medical marijuana access to really sick people. Conversations of addiction are not really germane. And to the effect that it is, common substitutes prescribed to use instead of medical marijuana are opiates, which are highly addictive. Using medical marijuana legally should decrease addictions in Florida to Oxycodone and Percocet."
- Claim #2: "The medical marijuana issue is a Republican versus Democrat issue." Pollara replied, "Medical marijuana is a nonpartisan issue. In a poll conducted by Republicans in Republican-held state senate districts, 78 percent supported medical marijuana. And in the polls we conducted, that number has always been well above 50 percent."
- Claim #3: "Children do not need medical marijuana to treat epilepsy since there are clinical trials they can participate in." Pollara replied, "Kevin [Sabet] is talking about clinical trials on CBD-based pharmaceuticals. It doesn't take into account kids suffering from seizures because they can't apply to be in study since it doesn't exist in Florida. It's like applying to Harvard. Parents are desperate. I'm not a parent, but I would want treatment for my child immediately and not wait. Medical marijuana is not particularly dangerous, and suffering children shouldn't have to wait for any real pharmaceutical research."
- Claim #4: "The wording in the amendment is too lenient and will make medical marijuana available to anyone." Pollara replied, "If there was any doubt, the Florida Supreme Court has already ruled that the amendment will only be used in cases of debilitating illness. The purpose of the amendment is to allow the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. In its wording, the amendment specifically says 'Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient."
- Sen. Jeff Clemens (D-27) said, "This 60's reefer madness attitude has to go away. We all know now that this is not a dangerous drug and it's actually much safer than other drugs."
- 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. In response to claims that politics is the motivating factor, Russell says, "It's freedom and it's also compassion."
- NORML's Allen Saint Pierre criticized the Chamber of Commerce's stance as being anti-business, saying, "Somebody has to grow this stuff. Somebody has to transport it. Somebody to market it. Somebody has to package it and somebody has to sell it. One would think the Chamber of Commerce gets that and would be in favor of having more business, more revenue, etc., etc. All we’ve been arguing is to try to take an illegitimate, underground business and bring it above ground so they can become members of the Chamber of Commerce. That’s how twisted this all is."
Campaign contributions
As of May 13, 2014, People United for Medical Marijuana has received $5,025,743 in contributions.PAC info:
| PAC | Amount raised | Amount spent |
|---|---|---|
| People United for Medical Marijuana | $5,025,743 | $4,856,943 |
| Total | $5,025,743 | $4,856,943 |
Opposition
Opponents
Officials
- Gov. Rick Scott (R)
- Attorney General Pam Bondi (R)
- Sen. Don Gaetz (R-1)
- Rep. Matt Gaetz (R-4)
- Rep. Will Weatherford (R-38)
- Rep. Daniel Davis (R-15)
Organizations
- Florida Family Policy Council
- Florida Medical Association
- Institute on Global Drug Policy
- Drug Policy Institute
- Palm Beach County Substance Awareness Coalition
- Florida Police Chiefs Association
- Florida Sheriffs Association
- Florida Chamber of Commerce
- Save Our Society from Drugs
Arguments
- Gov. Rick Soctt (R) said that he would not vote for the initiative, saying, "I have a great deal of empathy for people battling difficult diseases and I understand arguments in favor of this initiative. But, having seen the terrible effects of alcohol and drug abuse first-hand, I cannot endorse sending Florida down this path and I would personally vote against it."
- Attorney General Pam Bondi (R) filed a challenge to the Florida Supreme Court. She argued, “The proposal hides the fact that the Amendment would make Florida one of the most lenient medical-marijuana states, allowing use for limitless 'other conditions' specified by any physician. With no 'condition' off limits, physicians could authorize marijuana for anything, any time, to anyone, of any age. But rather than tell voters of this extraordinary scope, the summary uses language to prey on voters' understandable sympathies for Florida's most vulnerable patients — those suffering 'debilitating diseases.’”
- Rep. Matt Gaetz (R-4), who has pushed for the legalization of the Charlotte’s Web strain of marijuana in the legislature, stated opposition to a “John Morgan financed” initiative because it would lead to a “[marijuana] dispensary on every corner” and anyone with “high anxiety will be begging doctors for a marijuana joint.”
- Jeff Kadel of the Palm Beach County Substance Awareness Coalition said, "With our history with the pill mills and the doctors, there's going to be no shortage of people writing these certificates for whatever medical reason is necessary."
Media editorial positions
Support
- Bradenton Herald said, "This is about compassion for those whose medical conditions are not suitably eased by pharmaceuticals traditionally prescribed for cancer, multiple sclerosis and other grave diseases. Fears about drug abuse are indeed worrisome, but the amendment proposal charges the Legislature with adopting regulations that should bar that possibility. Should Floridians approve the November ballot issue, the state would become the first in the South and the 21st in the nation to legalize medical marijuana. The trend is clear. Cannabis has lost the demonization once embraced by a majority of Americans."
- Sun Sentinel said, "But no matter what happens in the election nine months from now, Florida lawmakers should act to legalize a new form of pot that offers no drug-induced high, but plenty of relief for seriously ill children. The time for medical marijuana, in one form or another, has come for Florida. This is not about legalizing recreational pot. Period. This is not about Florida becoming the first state in the South to legalize medical marijuana."
Polls
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- See also: Polls, 2014 ballot measures
| [hide]Florida Amendment 2 (2014) | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of Error | Sample Size | ||||||||||||||
| Quinnipiac University Poll 11/12/2013 - 11/13/2013 | 82% | 16% | 2% | +/-2.4 | 1,646 | ||||||||||||||
| Public Policy Polling 1/16/2014 - 1/21/2014 | 65% | 23% | 12% | +/-4.0 | 591 | ||||||||||||||
| Gravis Marketing 1/30/2014 - 1/31/2014 | 57% | 31% | 11% | +/-4.0 | 808 | ||||||||||||||
| University of North Florida 3/06/2014 - 3/14/2014 | 74% | 22% | 4% | +/-4.35 | 507 | ||||||||||||||
| Gravis Marketing 4/23/14 - 4/25/14 | 60% | 32% | 8% | +/-3.0 | 907 | ||||||||||||||
| Quinnipiac University Poll 4/23/14 - 4/28/14 | 88% | 10% | 2% | +/-2.6 | 1,413 | ||||||||||||||
| AVERAGES | 71% | 22.33% | 6.5% | +/-3.39 | 978.67 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org | |||||||||||||||||||
Path to the ballot
Signatures
Supporters needed to collect a minimum of 683,149 valid signatures by February 1, 2014 in order to qualify the measure for the November 2014 ballot. People United for Medical Marijuana announced that the organization collected more than 1.1 million signatures on January 15, 2014. 786,371 valid signatures were recorded by the Division of Elections.Court evaluation
In Florida, all initiative ballot titles and summaries must be approved by the Florida Supreme Court prior to certification. The court either validates or invalidates the measure’s language. The Florida Supreme Court ruled on January 27, 2014, in a 4-3 decision, that the measure's text is valid, accurate and constitutional.On December 5, 2013, the high court held a hearing on the measure's language.The initiative faced opposition from Attorney General Pam Bondi (R). She argued, "The proposal [language] hides the fact that the Amendment would make Florida one of the most lenient medical-marijuana states, allowing use for limitless 'other conditions' specified by any physician. With no 'condition' off limits, physicians could authorize marijuana for anything, any time, to anyone, of any age. But rather than tell voters of this extraordinary scope, the summary uses language to prey on voters' understandable sympathies for Florida's most vulnerable patients — those suffering 'debilitating diseases." PolitiFact Florida rated her statement as "mostly true." Solicitor General Allen Winsor went as far as saying that "other conditions" may include people who "don't even have to have a disease." The Florida Legislature also filed an opinion against the initiative.
Ruling
Justices Barbara Pariente, Fred Lewis, Peggy Quince and James Perry concluded that the amendment would be “accurately represented on the ballot.” Their affirmative ruling stated, "Voters are given fair notice as to the chief purpose and scope of the proposed amendment, which is to allow a restricted use of marijuana for certain ― debilitating medical conditions. We conclude that the voters will not be affirmatively misled regarding the purpose of the proposed amendment because the ballot title and summary accurately convey the limited use of marijuana, as determined by a licensed Florida physician."Chief Justice Ricky Polston and Justices Jorge Labarga and Charles Canady all dissented against the amendment. All three dissenting judges were appointed by Former Gov. Charlie Crist (D), who supports the measure.Polston’s arguments were summarized in the ruling as: “(1) the summary “promises a narrow and limited marijuana program—the precise opposite of what the [a]mendment would deliver”; (2) the summary fails to disclose that physicians who authorize patients’ use of medical marijuana consistent with the amendment allegedly will receive broad tort and disciplinary immunity; and (3) the summary wrongly suggests that the amendment “allows” activities that are plainly illegal under federal law.”
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