March 29, 2024

News Release

About Florida's Amendment 2: Medical Marijuana

This guide to Amendment 2 is from the Florida League of Women Voters

| 11/4/2016

Amendment 2 (Nov. 8 ballot)

Medical Marijuana

Source: Citizen Initiative

Synopsis: Two years after a similar amendment narrowly failed, Amendment 2 is on the ballot to legalize the use of medical marijuana to relieve the symptoms of people afflicted with specific diseases and conditions. Amendment 2 differs from the 2014 amendment question by providing more specifics about which “debilitating medical conditions” would qualify for marijuana use by patients, with the approval of a physician. It also permits caregivers to assist patients in administering marijuana treatments and sets up a regulatory scheme, administered by the state Department of Health, that includes issuing ID cards to patients and caregivers. It does not provide legal cover to those who use marijuana outside the regulated use for medical conditions. Current state law, passed in 2014, allows the use of non-euphoric cannabis for patients with medical conditions that cause seizures and severe muscle spasms. The Legislature also passed a law this spring that allows terminally ill patients to receive prescriptions for full-strength marijuana. As of mid-April, 24 states had laws permitting the use of marijuana for medical conditions. Read more from supporters here and opponentshere.

A YES vote on Amendment 2 would:

  • Create a constitutional right for people with specific “debilitating” conditions – such as cancer, epilepsy, AIDS, Parkinson’s disease and multiple sclerosis – to use marijuana as long as a physician has certified they have one of the specified conditions.
  • Require parental consent before a minor could be certified by a physician to receive medical marijuana.
  • Permit caregivers to assist patients with marijuana treatments as long as that person possesses a caregiver identification card issued by the states. Caregivers must undergo a background check and are not allowed to use marijuana themselves.
  • Require patients and caregivers to get a state-issued ID.
  • Retain state and federal prohibitions on recreational marijuana use, as well as prohibitions on operating vehicles and boats while under the influence.
  • Create “medical marijuana treatment centers” to cultivate and dispense drugs to certified patients or caregivers.
  • Shield physicians from criminal or civil actions for issuing patient certifications.

A NO vote on  Amendment 2 would:  

  • Not impact the current limited medical marijuana laws in Florida, including those passed in 2014 and 2016.
  • Not allow patients with debilitating conditions, and not deemed terminally ill, access to medical marijuana as a prescribed treatment by their doctor.
  • Have no effect on current laws prohibiting the recreational use of marijuana.

Supporters: John Morgan, Orlando lawyer; Florida Democratic PartyService Employees International Union, American Civil Liberties Union of Florida, AFL-CIO, Florida NAACP, Medical Marijuana of Florida, American Federation of State, County and Municipal Employees. 

Opponents: Florida Chamber of Commerce; Drug Free Florida Committee; Florida Baptist Convention (FBC); Florida Conference of Catholic Bishops (FCCB); Florida Chamber of Commerce and Florida Farm Bureau (FCC, FFB); Florida Medical Association (FMA); Florida Sheriff’s Association (FSA); Florida Police Chiefs Association (FPCA); Florida Family Action (FFA); American Academy of Family Physicians (AAFP); American Academy of Pediatrics (AAP); American Epilepsy Society (AES); American Medical Association (AMA); Five former Florida Supreme Court Justices (Parker Lee McDonald, Chief Justice 1986-1988; Justice 1979-1994, Stephen H. Grimes, Chief Justice 1994-1996; Justice 1987-1997, Major B. Harding, Chief Justice 2000-2002; Justice 1994-2009, Raoul G. Cantero, III, Justice 2002-2008, and Kenneth B. Bell, Justice 2002-2008)

This article is from the Florida League of Women Voters, and originally appeared here.

Tags: Government/Politics & Law

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