Although the 2014 Amendment received nearly 58% voter approval, it was rejected as 60% voter approval was required for passage. This years version has some significant revisions which were aimed at eliminating the main reasons for voter disapproval. The ballot summary is:
"Allows medical use of marijuana for individuals with debilitating medical conditions 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 immunize violations of federal law or any non-medical use, possession or production of marijuana."
One of the significant complaints about the previous version was the lack of clarity regarding the definition of "Debilitating Condition". The revised language is as follows:
“Debilitating Medical Condition means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome(AIDS), post‐traumatic stress disorder (PTSD), amyotrophiclateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”
Another main objection to the 2014 Amendment was that qualifying minors were not required to have parental or guardian consent. This years version mandates such consent before a prescription can be written by the physician.
Additionally, new language has been added to the "Caregiver" statute. A Caregiver is someone (at or above 21 years of age) who has agreed to assist the qualifying patient with their use of medical marijuana. Our current proposed amendment limits the number of patients a caregiver may assist and also limits the number of caregivers a patient may have. This number is to be determined by the Department of Health. The previous version did not provide regulation in this area.
Lastly, this years amendment does not protect physicians from lawsuits resulting from non-compliance with these to-be statutes.
To look over the full amendment in detail, please go here:
http://dos.myflorida.com/media/696216/constitutional-amendments-2016
One of the significant complaints about the previous version was the lack of clarity regarding the definition of "Debilitating Condition". The revised language is as follows:
“Debilitating Medical Condition means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome(AIDS), post‐traumatic stress disorder (PTSD), amyotrophiclateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”
Another main objection to the 2014 Amendment was that qualifying minors were not required to have parental or guardian consent. This years version mandates such consent before a prescription can be written by the physician.
Additionally, new language has been added to the "Caregiver" statute. A Caregiver is someone (at or above 21 years of age) who has agreed to assist the qualifying patient with their use of medical marijuana. Our current proposed amendment limits the number of patients a caregiver may assist and also limits the number of caregivers a patient may have. This number is to be determined by the Department of Health. The previous version did not provide regulation in this area.
Lastly, this years amendment does not protect physicians from lawsuits resulting from non-compliance with these to-be statutes.
To look over the full amendment in detail, please go here:
http://dos.myflorida.com/media/696216/constitutional-amendments-2016
