So, How Do You Feel About Medical Marijuana?

An editorial by Gary Nager

Although marijuana, medical or otherwise, is still illegal throughout the U.S. (according to federal law), as many as 25 of our 50 U.S. states either already have passed or are working on passing state laws allowing the purchase and use of medical marijuana — without possibility of prosecution — and there are now two states (Colorado and Washington state) that even allow (and tax) recreational marijuana use.

And, although the too-ugly-to-discuss gubernatorial contest between incumbent Republican Rick Scott and former Gov. Charlie Crist is the biggest “race” to be decided in this year’s General Election on Tuesday, November 4, there’s no doubt that one of the more controversial issues on this year’s ballot  is Florida’s ‘Right to Medical Marijuana’ Amendment 2. The measure, upon voter approval, would legalize medical marijuana in Florida. Specifically, Ballotpedia.org says 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 Florida 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 also 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,” nor does it purport to, “give immunity under federal law.”

Supporters of Amendment 2 say the measure will help people with debilitating medical conditions. Many opponents, on the other hand, argue that the amendment is actually “de facto legalization” of marijuana.

Those who know me have a pretty good understanding of where I stand on this issue. Whether this amendment is truly “for medical use only” or is, in fact, the beginning of the legalization — for any reason — of marijuana in our state, I believe that most Floridians — and most Americans — would prefer to allow access to it without fear of going to jail, especially parents of teenagers and college students. I also believe that the ability for states (and ultimately, the U.S.) to tax every purchase of marijuana could provide a huge boost to the economy, as already witnessed in states where it already has been legalized, despite some legal and logistical issues that are still being worked out in those states. 

I also believe that there are far too many people in jail today — or who have served jail time in the past — for nothing more than simple possession of marijuana and/or paraphernalia. I believe that, ultimately, legalization would prevent these “victimless” offenders (non-dealers) from being prosecuted in the future, which would save the U.S. economy millions of dollars more per year. 

But, those are still generalities. I believe that perhaps the strongest voice for Florida’s Amendment 2 is right here in Pasco County.

Even though Pasco Sheriff Chris Nocco, a Republican, says he is personally not in favor of legalizing marijuana, he says, “My specialty is law enforcement, not medicine. If medical doctors say marijuana has important medical uses, who am I to argue with them?”

Note-For a “referred amendment” to win in Florida, it must win a supermajority vote of 60 percent of those casting ballots, according to Section 5 of Article XI (a change that was made via Amendment 3 in 2006).

Whether you vote yes or no is still your  personal choice. I just wanted you to have the facts — and my opinion — on the issue.