Category Archives: Marijuana Laws

Patients suffering from debilitating illnesses will soon have access to medical marijuana in Florida after voters approved Amendment 2 Tuesday.

By 8:30 p.m. it was clear that Amendment 2 would pass with well above the required 60 percent threshold. The amendment inserts language into the Florida Constitution allowing those with cancer, HIV/AIDS, epilepsy and a host of other conditions to use marijuana if it is recommended by their doctor.

“Getting over 60 percent at this point means so much both symbolically and legally because we’re able to relinquish the name of criminals that has been forced on us,” said Moriah Barnhart of Brandon, whose daughter Dahlia uses cannabis as treatment for brain cancer after being diagnosed at age 2.

Read more here: http://www.miamiherald.com/news/politics-government/election-results/article113444523.html

Back in November, Amendment 2, which would legalize medical marijuana, needed 60 percent of the votes in order to pass. It fell short by a mere 2 percent. United for Care, the medical marijuana group that made Amendment 2 possible, is petitioning to get Amendment 2 back on the ballot for 2016.

United for Care, in conjunction with advocate attorney John Morgan, announced that the secretary of state approved the new petition for consideration on the 2016 ballots.

United for Care is optimistic that the petition will pass this time, in part due to the fact that voter turnout increases in primary elections as opposed to midterm elections, and backed by the percentage of those who already support the initiative.

United for Care also has an idea of mistakes they made last time, and is eager to not make the same mistakes in preparation for the 2016 presidential election. They are also confident that legislative action or another constitutional amendment will result in the legalization of medical marijuana by 2016. United for Care hopes that this time around they will have more of an opportunity to educate voters on the particulars of the initiative, including defining what the bill will and will not do.

The main opposition Amendment 2 faced was the verbiage used in the bill. No on 2, the amendment’s opposition, argued that the language presented was too loosely defined and would result in doctor’s prescribing medical marijuana to just about anyone. While United for Care released a marketing campaign to negate these concerns, the sheer negative publicity was enough to hurt Amendment 2. United for Care will be more deliberate this time around when it comes to defining the parameters of the bill.

Parental consent will be defined more clearly, as well as adding requirements for verification by the Florida Department of Health. The new petition also clearly outlines the definition for debilitating diseases that would be covered for medical marijuana prescriptions. The new parameters also address that any malpractice will not be immune and will be treated accordingly. The Department of Health will also require the ability to conduct background checks on caregivers.

The petition needs 70,000 signatures just to be reviewed by the Supreme Court, and then another 700,000 to get on the ballot in 2016. In 2014, United for Care collected over one million signatures, so they hope to gain the same traction from supporters in preparation for the 2016 election.

Epileptic children who suffer from debilitating seizures would be able to legally turn to a non-smokable, low-THC variety of medical marijuana for relief under a measure given final approval by state senators Monday.

Named after a Colorado child, the strain of cannabis known as “Charlotte’s Web” is high in the non-euphoric cannabidiol (CBD), and low in the high-inducing chemical tetrahydrocannabinol (THC).

Sen. Rob Bradley, a Fleming Island Republican, who sponsored the bill with two fellow GOP senators, said he opposed legalizing marijuana but wholeheartedly supported extending help to “desperate parents.”

“These desperate parents have tried everything,” Bradley said. “Under current law, they are criminals…and that’s not right, any law that defines them as criminal defies commons sense.”

Given as an oil-based extract placed under the child’s tongue, “Charlotte’s Web” has “the potential to stop seizures,” said co-sponsor, Sen. Aaron Bean, R-Fernandina Beach.

“We’ve seen the number of seizures go from 400 to 300 [a month], to three or four or two, or in some cases zero,” Bean said. “Let’s bring that hope to Florida.”

An 11-year-old Gulf Breeze girl, Ray Ann Moseley, who suffers from daily, crippling seizures and has been diagnosed with cerebral palsy and intractable epilepsy, visited the Senate chamber prior to Monday’s 36-3 vote.

Gangly and wide-eyed, she stood when she was introduced amid applause, briefly placing her hands over her ears.

“This is about kids, this about kids who have a health problem,” Sen. Maria Sachs, D-Delray Beach, said. “Let’s get the focus off of the drug and let’s get the focus on the patient.”

Sen. Thad Altman, R-Rockledge, called for a resounding defeat of SB 1030, saying there needed to be more oversight by the Federal Drug Administration.

“I truly believe we need to stick to good science and that we need to take an approach that is proven,” Altman said. “Ultimately, the compassionate thing is to develop a scientific method to ensure that this happens.”

Joining Altman in dissent were Senators Dorothy Hukill, R-Port Orange, and Jack Latvala, R-Clearwater.

Under the proposed legislation, the state Department of Health would be responsible for regulation and oversight.

The House companion bill (HB 843) is poised for a floor vote in that chamber. Under that version, doctors who fraudulently prescribe “Charlotte’s Web” could face jail time and fines.

In November, Florida voters will weigh in when they cast ballots on a constitutional amendment legalizing all forms of medical marijuana.