Florida Right to Medical Marijuana Initiative, Amendment 2 (2014)

Supporters of Amendment 2 put a similar initiative on the 2016 ballot in Florida. The amendment was approved. See Florida Medical Marijuana Legalization, Amendment 2 (2016) to learn more.

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Amendment 2 Type Constitutional amendment Origin Citizens Topic Marijuana Status Defeated d

2014 measures November 4 Amendment 1 a Amendment 2 d Amendment 3d Endorsements Polls Expenditures Local measures

The Florida Right to Medical Marijuana Initiative, Amendment 2 was on the November 4, 2014 ballot in the state of Florida as an initiated constitutional amendment, where it was defeated. The measure would have legalized medical marijuana. Specifically, the measure would have guaranteed the following:

• That medical use of marijuana by a qualifying patient or personal caregiver would not be subject to criminal or civil liability or sanctions under state law.
• That a licensed physician would not be 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 would not be subject to criminal or civil liability or sanctions under state law.

The measure defined 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 have been responsible for regulating medical marijuana. The department would have issued and regulated patient identification cards and personal caregiver identification cards, developed procedures related to medical marijuana treatment centers and instituted regulations defining reasonable amounts of marijuana for medical use. The department would have been required to protect the confidentiality of all patients.

The constitutional amendment contained six limitations on how the amendment's language could have been construed:

• The amendment would not “affect laws relating to non-medical use, possession, production or sale of marijuana.”
• The amendment would not authorize “the use of medical marijuana by anyone other than a qualifying patient.”
• The amendment would not allow for the “operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.”
• The amendment would 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 would 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 would not require “the violation of federal law or purports to give immunity under federal law.”

Supporters of Amendment 2 said the measure would help people with debilitating medical conditions. Opponents, on the other hand, argued the amendment was “de facto legalization" of marijuana.

For a constitutional amendment to be enacted 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 requirement was established via Amendment 3 in 2006.

Election results

Florida Amendment 2
Result		Votes	Percentage
d No		2,478,993	42.38%
Yes		3,370,761	57.62%

Election results via: Florida Division of Elections

Text of measure

Ballot title

The official title read as follows:

“

Use of Marijuana for Certain Medical Conditions

”

Ballot summary

The official ballot text read 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.

”

Constitutional changes

Note: Hover over the text and scroll to see the full text.

ARTICLE X, SECTION 29. Medical marijuana production, possession and use.

(a) PUBLIC POLICY.

(1) The medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or sanctions under Florida law except as provided in this section.

(2) A physician licensed in Florida shall not be subject to criminal or civil liability or sanctions under Florida law for issuing a physician certification to a person diagnosed with a debilitating medical condition in a manner consistent with this section.

(3) Actions and conduct by a medical marijuana treatment center registered with the Department, or its employees, as permitted by this section and in compliance with Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law except as provided in this section.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

(1) “Debilitating Medical Condition” means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.

(2) “Department” means the Department of Health or its successor agency.

(3) “Identification card” means a document issued by the Department that identifies a person who has a physician certification or a personal caregiver who is at least twenty-one (21) years old and has agreed to assist with a qualifying patient’s medical use of marijuana.

(4) “Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013).

(5) “Medical Marijuana Treatment Center” means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department.

(6) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana or related supplies by a qualifying patient or personal caregiver for use by a qualifying patient for the treatment of a debilitating medical condition.

(7) “Personal caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal caregiver may assist no more than five (5) qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five (5) qualifying patients as permitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient.

(8) “Physician” means a physician who is licensed in Florida.

(9) “Physician certification” means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination of the patient and a full assessment of the patient’s medical history.

(10) “Qualifying patient” means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards.

(c) LIMITATIONS.

(1) Nothing in this section shall affect laws relating to non-medical use, possession, production or sale of marijuana.

(2) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.

(3) Nothing in this section allows the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana.

(4) Nothing in this law section requires the violation of federal law or purports to give immunity under federal law.

(5) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of education or employment, or of smoking medical marijuana in any public place.

(6) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any

person for expenses related to the medical use of marijuana.

(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion.

(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section:

a. Procedures for the issuance of qualifying patient identification cards to people with physician certifications, and standards for the renewal of such identification cards.

b. Procedures for the issuance of personal caregiver identification cards to persons qualified to assist with a qualifying patient’s medical use of marijuana, and standards for the renewal of such identification cards.

c. Procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance, renewal, suspension, and revocation of registration, and standards to ensure security, record keeping, testing, labeling, inspection, and safety.

d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient’s appropriate medical use.

(2) Issuance of identification cards and registrations. The Department shall begin issuing qualifying patient and personal caregiver

identification cards, as well as begin registering Medical Marijuana Treatment Centers no later than nine months (9) after the effective date of this section.

(3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering Medical Marijuana Treatment Centers within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department’s constitutional duties.

(4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes.

(e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this provision.

(f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by any court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible.

Fiscal note

The fiscal note developed by the Financial Impact Estimating Conference read 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.

”

Background

Charlotte’s Web

On June 16, 2014, Gov. Rick Scott (R) signed Senate Bill 1030, also known as the “Compassionate Medical Cannabis Act of 2014.” The legislation legalized low-tetrahydrocannabinol cannabis, such as the strain Charlotte’s Web, for medical patients suffering from cancer or "a physical medical condition that chronically produces symptoms of seizures," such as epilepsy, "or severe and persistent muscle spasms." The law required physician approval and the potential user’s physician to determine that “no other satisfactory alternative treatment options exist for that patient.” SB 1030 also authorized medical centers to conduct research on low-tetrahydrocannabinol (low-THC) cannabis. Gov. Scott said, "As a father and grandfather, you never want to see kids suffer. I am proud to stand today with families who deserve the ability to provide their children with the best treatment available"

Gov. Scott also signed Senate Bill 1700. The law exempted the identification of patients and physicians from public records related to the medical use of low-tetrahydrocannabinol cannabis. The bill did allow, however, access to such information by law enforcement agencies, low-THC marijuana dispensing organizations, physicians, relevant health care regulatory boards and researchers under certain circumstances. SB 1700 was designed to be in effect until October 2, 2019.

Florida is the 22nd state to enact legislation legalizing some level of access to medical cannabis.

Effects on gubernatorial election

Multiple media outlets predicted that the measure would aid Florida Democrats, especially in the state’s gubernatorial and lieutenant gubernatorial election, since the initiative might have brought out young people, who tend to vote 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.”

Charlie Crist (D), who ran for governor in 2014, stated, "[Amendment 2] might get more younger voters to turn out. It may well increase turnout because if you're educating people about this being on the ballot, who otherwise might not have known it, then you're ginning it up." David Johnson, a Republican campaign planner, said he didn't think young people would turn out in large numbers over a single issue.

John Morgan said People United for Medical Marijuana had helped people register to vote who "never registered before." He estimated that "turnout [would be] two, three, maybe even four points higher than we might have seen, but for this."

Despite speculation that Amendment 2 would boost Charlie Crist (D), he ultimately lost the gubernatorial election in November 2014.

Support

United for Care, also known as People United for Medical Marijuana, led the campaign in support of the measure.

Supporters

Officials

• Sen. Jeff Clemens (D-27)
• Sen. Oscar Braynon (D-36)
• Rep. Dave Kerner (D-87)
• Rep. Katie Edwards (D-98)
• Alan Clendenin, vice chairperson of the Florida Democratic Party

Former officials

• Former Gov. Charlie Crist (D), 2014 gubernatorial candidate
• Former Rep. George Sheldon (D-69), 2014 Attorney General candidate
• Former Sen. Nan Rich (D-34)

Organizations

• Florida Cannabis Action Network
• Florida Cannabis Industry Association
• CannaMoms
• Florida State Conference of the NAACP
• Service Employees International Union of Florida
• Libertarian Party of Florida

Individuals

• Attorney John Morgan
• Attorney Bill Wohlsifer (L), 2014 Attorney General candidate
• Jeremy Bufford, marijuana cultivation expert
• George Soros

Arguments

United for Care's "I AM United for Care" campaign video.

People United for Medical Marijuana listed a number of reasons to support the measure on their website:

“	Facts about medical marijuana: 7 out of 10 voters surveyed across all parties support Medical Marijuana in Florida. Many patients and their doctors find marijuana a useful medicine as part of the treatment for AIDS, cancer, glaucoma, multiple sclerosis, dystonia, and other ailments. Yet Florida laws treat all patients currently using medical marijuana as criminals. Doctors are presently allowed to prescribe cocaine and morphine — but not marijuana. Supporters of Medical Marijuana include: The American College of Physicians, Institute of Medicine, American Public Health Association, American Nurses Association, American Academy of HIV Medicine, Leukemia and Lymphoma Society, Lymphoma Foundation of America, American Medical Student Association, and the state medical societies of New York, Rhode Island, and California. A few of the many editorial boards that have endorsed medical access to marijuana include: Miami Herald, Fort Lauderdale Sun Sentinel, Boston Globe, Chicago Tribune, New York Times, Orange County Register, USA Today, Baltimore’s Sun, and The Los Angeles Times. Since 1996, a majority of voters in Alaska, Arizona, California, Colorado, the District of Columbia, Maine, Michigan, Montana, Nevada, Oregon, and Washington state have voted in favor of ballot initiatives to remove criminal penalties for seriously ill people who grow or possess medical marijuana. The American Medical Association believes that “effective patient care requires the free and unfettered exchange of information on treatment alternatives and that discussion of these alternatives between physicians and patients should not subject either party to criminal sanctions.” Marijuana is one of the safest therapeutically active substances known. No one has ever died from an overdose, and it has a wide variety of therapeutic applications, including: Relief from nausea and appetite loss; Reduction of intraocular (within the eye) pressure; Reduction of muscle spasms; and Relief from chronic pain. Marijuana is frequently beneficial in the treatment of the following conditions: AIDS. Marijuana can reduce the nausea, vomiting, and loss of appetite caused by the ailment itself and by various AIDS medications. Observational research has found that by relieving these side effects, medical marijuana increases the ability of patients to stay on life-extending treatment. (See also CHRONIC PAIN below.) HEPATITIS C. As with AIDS, marijuana can relieve the nausea and vomiting caused by treatments for hepatitis C. In a study published in the September 2006 European Journal of Gastroenterology & Hepatology, patients using marijuana were better able to complete their medication regimens, leading to a 300% improvement in treatment success. GLAUCOMA. Marijuana can reduce intraocular pressure, alleviating the pain and slowing—and sometimes stopping — damage to the eyes. (Glaucoma is the leading cause of blindness in the United States. It damages vision by increasing eye pressure over time.) CANCER. Marijuana can stimulate the appetite and alleviate nausea and vomiting, which are common side effects of chemotherapy treatment. MULTIPLESCLEROSIS: Marijuana can limit the muscle pain and spasticity caused by the disease, as well as relieving tremor and unsteadiness of gait. (Multiple sclerosis is the leading cause of neurological disability among young and middle-aged adults in the United States.) EPILEPSY: Marijuana can prevent epileptic seizures in some patients. CHRONIC PAIN. Marijuana can alleviate chronic, often debilitating pain caused by myriad disorders. INJURIES: Since 2007, three published clinical trials have found that marijuana effectively relieves neuropathic pain.	”
—People United for Medical Marijuana

An online video put out by United for Care featuring medical marijuana user Irvin Rosenfeld.

Ben 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."

United for Care's "It's Worked" campaign video.

People United for Medical Marijuana, the initiative's sponsoring organization, issued a rebuttal to an opposing campaign video put out by Drug Free Florida:

“	CLAIM: In reference to the availability of medical marijuana, the website asserts “anyone who wants pot will get it.” FACT: This is simply not true. In their decision placing Amendment 2 on the November ballot, the Florida Supreme Court affirmed that only patients with “debilitating” diseases and medical conditions would qualify for medical marijuana. CLAIM: “Teens will be able to legally purchase pot without their parents’ consent.” FACT: Wrong again. In order to purchase medical marijuana, you would need a doctor’s recommendation. Under Florida law, barring a few extenuating circumstances, physicians are not allowed to provide medical treatment to minors without parental or guardian consent, so this is a groundless concern. CLAIM: Amendment 2 will lead to a “pill mill”-like scenario in Florida. “Pot docs” will “spring up next to restaurants, schools, churches and supermarkets.” FACT: Look no further than the State of Florida to see that this claim is baseless. The State of Florida’s office of Economic and Demographic Research has already addressed this issue. They have said the physician examination requirement, the application process with the Department of Health, the regulatory structure that would be implemented by that same body and subsequent protective laws that may be passed by the legislature would make this scenario extremely unlikely. (See pages 10-11 of OEDR Financial Information Statement) CLAIM: The website further contends that “felons-even drug dealers” would be able to qualify as caregivers in order to administer medical cannabis to severely ill patients. FACT: This claim requires the reader to assume that the state will implement Amendment 2 in an irresponsible way. If the amendment is passed, the Florida Department of Health will be tasked with issuing detailed regulations regarding qualification requirements for caregivers. During that process United for Care will fight alongside any organization that, like us, is concerned about making sure nobody with a record of dealing drugs can become a qualified caregiver. “When it comes to the credibility of anything that comes from Drug Free Florida, it’s best to consider the source,” Pollara concluded. “The organization is chaired by Carlton Turner, a former Reagan-era drug policy aide who had to abandon his position following his statements on marijuana leading to homosexuality. If his views were too extreme for the Reagan administration in 1986, how can we take anything he or his organization says seriously?”	”
—People United for Medical Marijuana

Other arguments in support of the measure included:

• 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 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 was the motivating factor, Russell said, "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 has 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

Total campaign cash as of November 22, 2014
Support:	$8,069,218
Opposition:	$6,348,932

As of November 22, 2014, People United for Medical Marijuana had received $8,069,218 in contributions.

PAC info:

PAC	Amount raised	Amount spent
People United for Medical Marijuana	$8,069,218	$7,388,446
Total	$8,069,218	$7,388,446

The following are donors who contributed more than $45,000 to People United for Medical Marijuana:

Top contributors:

Donor	Amount
The Morgan Law Firm, PA	$3,574,188
Barbara A. Stiefel	$875,000
John Morgan	$250,000
Center for Drug Policy Reform	$170,000
Drug Policy Action	$190,000
Henry Van Ameringen	$150,000
Complete Hydroponics	$75,000
International Sports Management	$85,000
Manchester Capital	$60,000
June Simpson	$50,600
John Holloway	$50,000
Howard Kessler	$50,000
Altmed, LLC	$50,000
Harrison’s Organic Acres	$50,000
William M. Selvidge	$50,000
Angela Macaluso	$49,000
Ben Siegel Reptiles Inc.	$45,000
Umvar Inc.	$45,000

Campaign advertisements

See also: Florida Amendment 2 (2014) campaign advertisements

All campaign advertisements for campaigns in favor of the measure can be found here.

Opposition

Drug Free Florida led the campaign in opposition to the initiative. The organization hired Republican consultant Tre’ Evers. He has worked on campaigns for Lamar Alexander, Bill McCollum and former US Senator Mel Martinez. Evers also served in the Department of Transportation under former president George W. Bush.

The Florida Sheriffs Association (FSA) and Save Our Society From Drugs, along with other anti-marijuana organizations, launched Don't Let Florida Go to Pot (DLFGP). The organization planned on campaigning against medical marijuana, except the Charlotte's Web strain, and taking contributions, but would not be campaigning against Amendment 2 specifically due to the FSA's tax status. DLFGP had no intentions of initiating a political action committee and would therefore be running an "educational campaign."

Opponents of Amendment 2 called the amendment a "de facto legalization" of marijuana.

Opponents

Officials

• Gov. Rick Scott (R)
• Attorney General Pam Bondi (R)
• US Sen. Marco Rubio (R)
• US Rep. Debbie Wasserman Schultz (D-23)
• Sen. Don Gaetz (R-1)
• Rep. Matt Gaetz (R-4)
• Rep. Will Weatherford (R-38)
• Rep. Daniel Davis (R-15)
• Rep. Dennis Baxley (R-23)

Former officials

• Former Gov. Jeb Bush (R)
• Former Supreme Court Justice Kenneth B. Bell, 2003-2008
• Former Supreme Court Justice Raoul Cantero, 2002-2008
• Former Supreme Court Chief Justice Charles Wells, 1994-2009
• Former Supreme Court Chief Justice Major B. Harding, 1991-2002
• Former Supreme Court Chief Justice Stephen H. Grimes, 1987-1997
• Former Supreme Court Chief Justice Leander J. Shaw Jr., 1983-2003
• Former Supreme Court Chief Justice Parker Lee McDonald, 1979-1994

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
• Brevard County Medical Society
• Florida Baptist Convention
• Florida Farm Bureau

Individuals

• Sheldon Adelson, casino and hotel magnate

Arguments

Drug Free Florida's "It's a Trick" campaign video.

Drug Free Florida, the committee opposing Amendment 2, criticized the measure for containing four loopholes. They argued:

“	THE POT-FOR-ANYONE-WHO-WANTS-IT LOOPHOLE Amendment 2 does not require a doctor’s prescription in order to obtain medical pot, because a prescription would violate federal law. Amendment 2 authors define “debilitating medical condition” as any condition from back pain to trouble sleeping. As a result, anyone who wants pot will get it. DRUG DEALER LOOPHOLE Amendment 2 allows so-called “caregivers” to dispense medical pot. Caregivers do not need medical training. They can be felons - even drug dealers. It will be easier to get a caregiver’s license than a driver’s license. TEENAGER LOOPHOLE Under Amendment 2, teens and children will be able to legally purchase pot without their parents’ consent. Amendment 2 places no age restrictions on pot smoking. PILL MILL LOOPHOLE Amendment 2 places no restrictions on the location of seedy pot shops. Like “pill mills,” look for “pot docs” to spring up next to restaurants, schools, churches and supermarkets.	”
—Drug Free Florida

US Rep. Debbie Wasserman Schultz (D-23) stated her opposition to Amendment 2:

“	I have concerns that it is written too broadly and stops short of ensuring strong regulatory oversight from state officials. Other states have shown that lax oversight and ease of access to prescriptions can lead to abuse, fraud, and accidents. Also, given Florida's recent history in combating the epidemic of 'pill mills' and dubious distinction as having among the highest incidents of fraud, I do not believe we should make it easier for those seeking to abuse the drug to have easy access to it. As a cancer survivor, mother and lawmaker, I am acutely empathetic to the suffering of people with terminal illnesses and chronic pain. My view is that approval of the use of marijuana as a medical treatment should be handled responsibly and in a regulated manner that ensures its approval does not do more harm than good.	”
—US Rep. Debbie Wasserman Schultz (D-23)

Other arguments against the initiative included:

Drug Free Florida's "The Pot-for-Anyone-Who-Wants-It Loophole" campaign video.

• Gov. Rick Soctt (R) said that he would not vote for the initiative. He stated, "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."
• Former Gov. Jeb Bush (R) argued, "Florida leaders and citizens have worked for years to make the Sunshine State a world-class location to start or run a business, a family-friendly destination for tourism and a desirable place to raise a family or retire. Allowing large-scale, marijuana operations to take root across Florida, under the guise of using it for medicinal purposes, runs counter to all of these efforts. I believe it is the right of states to decide this issue, and I strongly urge Floridians to vote against Amendment 2 this November."
• 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 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."
• The Florida Medical Association said, "Providing compassionate care to our patients is something we do everyday. We believe the untended consequences of Amendment 2 are serious and numerous enough for us to believe they constitute a public health risk for Floridians."
• Mark Wilson, president of the Florida Chamber of Commerce, said, "Normally, we focus on creating jobs, improving education and making Florida more competitive, but this is the type of business Florida can do without."

Campaign contributions

As of November 22, 2014, Drug Free Florida Committee had received $6,348,932 in contributions. Sheldon Adelson was responsible for about 85 percent of the opposition's war chest.

PAC info:

PAC	Amount raised	Amount spent
Drug Free Florida Committee	$6,348,932	$6,273,331
Total	$6,348,932	$6,273,331

The following donors contributed $5,000 or more to Drug Free Florida Committee:

Top contributors:

Donor	Amount
Sheldon Adelson	$5,000,000
Carol Jenkins Barnett Family Trust	$540,000
Mel F. Sembler	$100,000
Alfred Hoffman Jr.	$25,000
Thomas A. James	$25,000
Central Florida Hotel & Lodging Association	$20,000
Neal Communities of Southwest Florida	$10,000
Malcolm K. Beyer, Jr.	$5,000

Campaign advertisements

See also: Florida Amendment 2 (2014) campaign advertisements

All campaign advertisements for campaigns in opposition to the measure can be found here.

Media editorial positions

A medical marijuana forum sponsored by The Ledger. The forum featured Amendment 2 supporters and opponents.

See also: Endorsements of Florida ballot measures, 2014

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."
• Cape Coral Daily Breeze said, "That's a pretty well-defined process with built-in safeguards. Meaning, no one is going to open a pot shop next door to a school; no one is going to authorize handing kids a wink-wink "prescription;" and no one is going to start a legal grow house next door. Vote YES on Amendment 2."
• Florida Today said, "Go ahead and vote "yes" on Amendment 2. It would expand freedom and empower the hurting with little potential downside."
• Ocala Star Banner said, "As in other states, the Florida Legislature’s inaction led citizens to propose an amendment. So, it is reasonable, we think, for Florida to become the 24th state that allows marijuana to be used by patients who have the approval of a licensed physician. We recommend voting yes on Amendment 2."
• 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."
• Tallahassee Democrat said, "Twenty-two states and the District of Columbia have some sort of law permitting the use of medical marijuana, and the world hasn't ended. Vote yes."

Opposition

• The Tampa Tribune said, "We are not without compassion for the sufferers of chronic pain. But the wording of this amendment opens the door to abuse. It’s based on blind faith that the state adopts the right rules and has the capacity to enforce them."

Other opinions

• Tampa Bay Times said, "It is understandable that the private market sees medical marijuana as the next big thing. But patient health and public safety should be paramount. It would help voters make a more informed decision in November on medical marijuana if the state provided greater clarity on how it would carry out the amendment's intent to help specific patients without turning Florida into the next California."

Polls

See also: Polls, 2014 ballot measures

November 2013 - July 2014

Florida Amendment 2 (2014)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Quinnipiac University Poll 7/17/14 - 7/21/14	88%	10%	2%	+/-2.8	1,251
Anzalone Liszt Grove Research and Public Opinion Strategies 5/25/14 - 6/5/14	70%	28%	2%	+/-3.3	900
Quinnipiac University Poll 4/23/14 - 4/28/14	88%	10%	2%	+/-2.6	1,413
Gravis Marketing 4/23/14 - 4/25/14	60%	32%	8%	+/-3.0	907
University of North Florida 3/06/2014 - 3/14/2014	74%	22%	4%	+/-4.35	507
Gravis Marketing 1/30/2014 - 1/31/2014	57%	31%	11%	+/-4.0	808
Public Policy Polling 1/16/2014 - 1/21/2014	65%	23%	12%	+/-4.0	591
Quinnipiac University Poll 11/12/2013 - 11/13/2013	82%	16%	2%	+/-2.4	1,646
AVERAGES	73%	21.5%	5.38%	+/-3.31	1,002.88
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.

August 2014 - October 2014

Florida Amendment 2 (2014)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Anzalone Liszt Grove Research 10/22/14 - 10/27/14	62%	35%	3%	+/-3.4	834
Gravis Marketing 10/22/14 - 10/24/14	50%	42%	8%	+/-3.0	861
Saint Peters Poll 10/08/14 - 10/11/14	54%	40%	6%	+/-1.8	3,128
UF Graham Center 10/07/14 - 10/12/14	48%	44%	7%	+/-4.7	781
University of North Florida 9/29/14 - 10/08/14	67%	28%	5%	+/-4.7	471
SurveyUSA 10/02/14 - 10/06/14	51%	33%	16%	+/-4.1	594
Florida Chamber Political Institute 9/18/14 - 9/21/14	59%	35%	6%	+/-3.5	813
Anzalone Liszt Grove Research 9/12/14 - 9/18/14	69%	28%	3%	+/-3.1	1,004
SurveyUSA 9/12/14 - 9/15/14	56%	31%	13%	+/-4.2	750
UF Graham Center 8/27/14 - 8/31/14	57%	23%	18%	+/-3.4	814
AVERAGES	57.3%	33.9%	8.5%	+/-3.59	1,005
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.

Reports and analyses

Bachhuber et al.

A study, published in JAMA Internal Medicine, found that states with medical marijuana laws saw a reduction in average opioid analgesic overdose deaths between 1999 and 2010.

Opioid analgesic drugs are medications used for mild to severe pain relief, such as hydrocodone, oxycodone, morphine and codeine. Heroin is also an opioid drug, but is illegal.

The number of patients with non-cancer pain who receive prescriptions for opioids nearly doubled between 2000 and 2010. Rates of opioid use disorders and overdose deaths rose drastically over the same time period. About 60 percent of all opioid analgesic overdose deaths occur among patients who have legitimate prescriptions from a single medical provider. While policies such as prescription drug monitoring programs have been suggested to reduce opioid use issues, less attention has been given to how alternative non-opioid treatments, including medical cannabis, may affect opioid abuse and overdose.

As of July 2014, 23 states had enacted laws permitting medical cannabis programs. These laws were associated with increased cannabis use among adults. The researchers proposed that increased access to medical cannabis could have two different effects on opioid use and abuse:

1. Access to medical cannabis could reduce opioid use, and thus opioid abuse and overdose death; or
2. Access to medical cannabis could act as a "gateway" leading to drug abuse, including of opioids.

The study illustrated a correlation between access to medical cannabis and decreased opioid overdose deaths. States with medical cannabis laws had a 24.8 percent lower annual rate of opioid overdose deaths than states that hadn’t legalized medical cannabis. The lower rate continued decreasing with time. On average, a state with legal medical cannabis saw a 33.3 percent reduction after six years.

Although the researchers found a correlation between "a lower mean annual rate of opioid analgesic mortality in states with medical cannabis laws, a direct causal link cannot be established."

The study was conducted by Marcus A. Bachhuber, MD; Brendan Saloner, Ph.D.; Chinazo O. Cunningham, MD, M.S.; and Colleen L. Barry, Ph.D.

You can read the full study here.

Path to the ballot

See also: Laws governing the initiative process in Florida

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. The Division of Elections recorded 786,371 valid signatures.

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 was valid, accurate and constitutional.

Challenge

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" could 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 supported 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.”

Related measures

The following ballot measures are related to medical and recreational marijuana legalization in 2014 and 2016.

Over 35 marijuana legalization measures were proposed or appeared on the ballot at the local level.

Medical

The following medical marijuana legalization measures were proposed in 2014:

• Arkansas Medical Cannabis Act (2014)
• Idaho Medical Marijuana Initiative (2014)
• Nebraska Medical Marijuana Amendment (2014)
• Ohio Medical Marijuana Initiative (2014)
• Oklahoma Medical Marijuana Amendment, State Question 768 (2014)

Recreational

Two states and the District of Columbia voted on legalizing recreational marijuana in November 2014:

• Alaska Marijuana Legalization, Ballot Measure 2 (2014)a
• Oregon Legalized Marijuana Initiative, Measure 91 (2014)a
• Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)a

See also

Suggest a link

• 2014 ballot measures
• Laws governing the initiative process in Florida
• Florida 2014 ballot measures
• List of Florida ballot measures

Additional reading

• South Florida Business Journal, "Medical marijuana: South Florida law firm beefs up, betting on legalization," September 12, 2014
• Governing, "Florida May Become First Southern State to Legalize Medical Marijuana," September 8, 2014
• Crestview News Bulletin, "Florida entrepreneurs cashing in on possibility of legalized medical marijuana," May 7, 2014
• The Tampa Tribune, "Medical pot backers, foes in Florida eye potential rules," March 23, 2014
• The Tampa Tribune, "Morgan: Medicinal pot initiative will pass," February 21, 2014

External links

Basic information

• Right To Marijuana For Treatment Of Certain Medical Diseases And Conditions

Support

• United for Care
• United for Care Facebook
• United for Care Twitter

Opposition

• Vote No on 2
• Vote No on 2 Facebook
• Vote No on 2 Twitter
• Don't Let Florida Go to Pot