Breaking News: Medical Marijuana Amendment Will Appear on the November 2016 Ballot
Posted on January 28, 2016 by Jeffrey FeilerYesterday afternoon, the Florida Division of Elections confirmed that we submitted a sufficient number (nearly 700,000) of validated petitions in enough qualified districts to place the Medical Marijuana Amendment on the November 2016 ballot. As it was in 2014, it will again be named Amendment 2. As a medical marijuana lawyer with experience in both Colorado and Florida, I'd like to share some information about what this law may mean for Florida.
This time, the referendum will be presented during the Presidential election with far greater voter turnout, which is favorable to passage. It will still need 60% of the vote, as it is a Florida Constitutional Amendment. Likewise, this time we do not expect to see millions of opposition dollars coming from an out of State investor, as he no longer has a special interest agenda. Even the Sherriff's Association was not vocal (as they were last time) when the language of Amendment was under consideration. Proponents of the law learned from previous experience and are more capable of getting a positive message out in 2016. For all of these reasons, the now improved Amendment 2, which narrowly missed in 2014 with 58% of the vote, will have an excellent chance to pass this time around in 2016.
Assuming Amendment 2 passes, it will still need to be implemented, which raises questions and concerns. The Legislature passed SB 1030 in 2014 and it is yet to be in operation. The Legislature in this present 2016 session has now proposed a Bill that further limits SB 1030, requiring that physicians must be Board Certified Oncologists and that dosages cannot exceed a 30-day supply. Should that proposed Legislative Bill pass, the existing law will go from ridiculous to ludicrous, virtually guaranteeing that very few patients will receive even the no-THC, high-CBD elixir. In reality, the no-THC, high-CBD elixir is as safe as a vitamin.
As such, the future plans of the Governor, Legislature, and the Department of Health give good cause for concern that they will undermine the good intentions of the Medical Marijuana Amendment. Nevertheless, we will do our best to make the objectives of Amendment 2 approved by Florida voters into a reality.
If you're interested in opening a Medical Marijuana business in Florida, it's important to vote Yes on Amendment 2.