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Amendment 2

  • by Paul Armentano, NORML Deputy Director July 6, 2017

    cannabis_pillsRepresentatives of Florida for Care filed litigation today challenging a statewide ban on medical cannabis smoking. The suit was expected after lawmakers approved legislation (SB 8A) in June amending Amendment 2 — a voter initiated constitutional amendment permitting the use and distribution of medical cannabis. Seventy-one percent of voters approved the amendment in November.

    Senate Bill 8A amends the definition of medical cannabis in a manner that prohibits “marijuana in a form for smoking” and that bars the personal possession of herbal cannabis flowers, except in instances where they are contained “in a sealed, tamper-proof receptacle for vaping.” The Florida for Care suit argues that these changes inconsistent with the constitutional definition of marijuana, as passed by voters, and therefore should not be implemented.

    The lawsuit argues, “Inhalation is a medically effective and efficient way to deliver tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream. … By redefining the constitutionally defined term ‘medical use’ to exclude smoking, the Legislature substitutes its medical judgment for that of ‘a licensed Florida physician’ and is in direct conflict with the specifically articulated Constitutional process.”

    Under the revised law, patients diagnosed with cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, or multiple sclerosis — or who suffer from chronic pain related to any of these diseases — are eligible to receive a 70-day supply of cannabis-infused oils or edible products from a limited number of state-licensed dispensing facilities.

    NORML has long argued against regulations that limit or prohibit patients’ access to whole-plant cannabis in lieu of cannabis-derived extracts or pills. Cannabis inhalation is not associated with increased instances of lung cancer, COPD, or other tobacco-related adverse effects on pulmonary function. Inhaled cannabis is fast acting and permits patients to accurately self-regulate their dose. By contrast, non-herbal forms of cannabis possess delayed onset and their effects can often be far less predictable than those of herbal cannabis. Many patients seeking rapid relief of symptoms do not benefit from pills, tinctures, or edibles, and such restrictions unnecessarily limit patients’ choices.

    If the court invalidates SB 8A, the task of writing the rules for implementing the initiative — which must be operational by October — will fall to the Florida Department of Health.

  • by Danielle Keane, NORML Associate November 8, 2016

    According to the Associated Press, voters in Florida approved Amendment 2, an expansive medical marijuana law. The AP’s is reporting a final vote count of 71 percent to 29 percent. The Amendment required over 60 percent of the vote to become law.

    “The overwhelming majority of Floridians, like voters nationwide, believe that patients ought to have the legal option to choose marijuana therapy as an alternative to conventional, and often dangerous, pharmaceuticals,” said NORML Deputy Director Paul Armentano. “With this historic vote, we can expect to see similar programs acknowledging the safety and efficacy of medical cannabis begin to take hold in the southeastern region of the United States.”

    Florida Medical Marijuana

    Amendment 2 amends the Florida state constitution so that qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Under the law, a “debilitating medical condition” for which marijuana may be recommended includes is defined as “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral 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.” The home cultivation of cannabis is not permitted under the law.

    Existing Florida law restricted limited qualifying patients only to high CBD strains of cannabis, unless they were terminally ill.

    Department of Health regulators must begin issuing patient identification cards within nine months of the new law’s enactment. You can read the full text of Amendment 2 here.

    “With broad support across all demographics, voters in Florida approved Amendment 2 by a landslide,” said Erik Altieri, NORML’s new Executive Director. “These results are a victory, not just for common sense public policy, but for patients all across the state who will now have access to a safe, effective treatment for a number of debilitating ailments.”

  • by Paul Armentano, NORML Deputy Director March 2, 2016

    cannabis_pillsA super-majority of Florida voters say that they will vote ‘yes’ on a proposed constitutional amendment this November that seeks to permit the physician-authorized use and distribution of cannabis for therapeutic purposes.

    According to Public Policy Polling data provided this week, 65 percent of voters endorse the medical marijuana legalization measure and only 28 percent oppose it.

    Seventy five percent of Democrats back the measure, as do 70 percent of Independents. Among Republicans, 53 percent of respondents say that they will vote ‘yes’ in November.

    According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.

    The 2016 ballot measure, entitled the “Use of Marijuana for Debilitating Conditions,” will appear before voters as Amendment 2. Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities.

    A 2014 Florida law that sought to provide low-THC varieties of cannabis to patients with pediatric epilepsy, chronic muscle spasms, or cancer with cannabis access is not yet operational. Separate legislation is presently pending on the House and Senate floor that seeks to permit any patient with a terminal illness the legal right to use medical marijuana.

  • by Allen St. Pierre, NORML Executive Director September 16, 2014

    Grease Pot ParodyAdding to his ever-growing series of pro-cannabis law reform song parody videos, as well as in support of his home state’s current efforts to pass a medical cannabis initiative, comedian and Miami Beach political gadfly Steve Berke has just released a new pro-pot parody based on the famous movie of the 1970s ‘Grease‘.

    Upping the ante in Berke’s video productions, his talented crew drove from Florida to Texas, in search of the original amusement park backdrop used for the 1978 movie production of ‘Grease’.

    “You’re The Law That I Want!”
    A more heartfelt and satirical political advertisement in support of passing the voter ballot initiative question in Florida this fall, Amendment 2, is hard to envisage.

    For more information about Steve Berke’s 4TT production company and make donations to run 30 second version of the Grease parody on Florida TV stations check out press release below.

     

    PRESS CONTACT: Lee Molloy
    PHONE: 786-499-6134
    EMAIL: LeeGMolloy@gmail.com

    September 15, 2014

    For Immediate Release

    Miami Beach politician drives 1,400 miles to Texas to shoot “Grease” parody video supporting the legalization of medical marijuana in Florida

    Founded by former Miami Beach mayoral candidate Steve Berke, The After Party PAC is a political organization fighting to legalize medical marijuana in Florida. Advocating for a ‘Yes’ vote on Amendment 2, The After Party recently commissioned a shot-for-shot parody video of the song “You’re the One that I Want” from the movie “Grease.”

    Called “You’re the Law that I Want (Yes on 2)” the musical parody faithfully recreates the carnival scene made famous by John Travolta and Olivia Newton John – with Berke taking on the role of Travolta.

    The original Fun House used as a location in the ’70s movie classic was in service at a county fair in Texas this summer. So, Berke and the production crew traveled the 1,400 miles from Miami Beach to Decatur (in an RV) especially for the two-day shoot.

    “Our crew drove half way across the country because we wanted to make this parody as authentic as possible,” Berke said. “We felt compelled to really go to bat for the 1.1 million Floridians who signed the petition to get medical marijuana on the ballot this November.”

    Berke is a former professional tennis player who found marijuana after herniating two discs in his lower back. The injury permanently ended his tennis career and Berke, an athlete and Yale graduate, realized that marijuana wasn’t just for stoners when his doctor in California recommended trying medical marijuana to manage his pain as an alternative to dangerous prescription drugs.

    “Ultimately, all we are asking for is that people in Florida have the same opportunity that I had to get the medicine they need,” Berke said. “And, our video gets that message across in a way that is fun, informative and memorable.”

     

  • by Paul Armentano, NORML Deputy Director September 2, 2014

    More than 60 percent of Florida voters say that they support Amendment 2, a proposed constitutional amendment to permit cannabis therapy to qualified patients, according to a recently released Gravis Marketing poll.

    Sixty-four percent of respondents said that they would vote in favor of the amendment, up from 50 percent in late June. Twenty-six percent of respondents said that they opposed the measure.

    Because Amendment 2 seeks to amend the state constitution, 60 percent of voters must decide in favor of it before it can be enacted.

    Although previous statewide polls have reported greater support among Floridians in regard to the concept of legalizing medical marijuana, the Gravis survey specifically polled voters on whether or not they endorse Amendment 2.

    Among those polled, 90 percent said that they were either “very likely” or “likely” to vote in the 2014 general election.

    The Gravis Marketing poll possesses a margin of error of +/- 4 percent.