"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."
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 medical marijuana. Specifically, the measure would guarantee the following:
- That medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or sanctions under state law.
- That a licensed physician is not subject to criminal or civil liability or sanctions for issuing medical marijuana to a person diagnosed with a "debilitating medical condition" under state law.
- That registered medical marijuana treatment centers are not subject to criminal or civil liability or sanctions under state law.
The measure defines a "debilitating medical condition" as cancer, multiple sclerosis, glaucoma, hepatitis C, HIV, AIDS, ALS, Crohn's disease, Parkinson's disease "or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient."
The Florida Department of Health would be responsible for regulating medical marijuana. The department would issue and regulate patient identification cards and personal caregiver identification cards, develop procedures related to medical marijuana treatment centers and institute regulations defining reasonable amounts of marijuana for medical use. The department would be required to protect the confidentiality of all patients.
The constitutional amendment contains six limitations on how the amendment's language can be construed:
- The amendment does not “affect laws relating to non-medical use, possession, production or sale of marijuana.”
- The amendment does not authorize “the use of medical marijuana by anyone other than a qualifying patient.”
- The amendment does not allow for the “operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.”
- The amendment does not require accommodations for medical marijuana use “in any place of education or employment, or of smoking medical marijuana in any public place.”
- The amendment does not require “any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana.”
- The amendment does not require “the violation of federal law or purports to give immunity under federal law.”
Supporters of Amendment 2 say the measure will help people with debilitating medical conditions. Opponents, on the other hand, argue the amendment is “de facto legalization" of marijuana.
For a referred amendment to win in Florida, it must win a supermajority vote of 60 percent of those voting on the question, according to Section 5 of Article XI. This change was made via Amendment 3 in 2006.