2012 Legalization of Medical Marijuana in Florida?

What are the chances that Florida will take steps to legalize medical marijuana in 2012? The chances increased late last year after State Senator Larcenia J. Bullard of Miami, filed Senate Joint Resolution 1028. Florida House of Representative Jeff Clements of Lake Worth, Florida, filed companion legislation, HJR 353.

Update 3/26/13: This legislation died in committee last year. Read more on legislation introduced in 2013 and efforts to get a constitutional amendment on the ballot in November of 2014 to legalize medical marijuana in Florida. 

Although this is the second consecutive year that such legislation has been filed by the Florida legislature it is the first time that medical marijuana bills were filed in both chambers. The joint resolutions propose legalizing marijuana in Florida for medicinal purposes. Efforts to legalize marijuana are picking up steam in Florida. Many believe it will only be a matter of time before some form of medical marijuana legislation is passed in Florida.

The battle to get the medical marijuana bill on the 2012 ballot begins. The joint resolutions would allow for medical marijuana cultivation and dispensaries to operate in Florida. The bills would also allow for individuals with debilitating medical conditions to use cannabis as a treatment with the recommendation of a medical doctor. Read more about Joint Resolutions for Medicinal Use of Cannabis (SJR 1028 and HJR 353).

What Would it Take to Get the Medical Marijuana Legislation on the 2012 Ballot?

Before the issue of legalizing medical marijuana would come up for a vote on the 2012 ballot, both the Florida State House and Senate would have to pass the bill by a three-fifths margin. If the bill passed by that margin then the legislation would qualify for the November 2012 ballot. 

Getting the legislation on the ballot is the hard part. Polls show that a majority of Florida citizens favor legalizing medical marijuana. If the legislation was approved by the voters, then medical marijuana would become legal in Florida on July 1, 2013.

Prohibition Doesn't Work

Many individuals favor the legalization of marijuana because it would bring in considerable revenue to the state from the regulation and taxation of cannabis. Currently that money is enjoyed by drug traffickers who benefit directly from prohibition. Additionally, the cultivation of marijuana in Florida would eliminate the market for marijuana which is smuggled over the boarder from Mexico. Even the DEA estimates that one-half of profits for the Mexican drug cartels result from the importation of marijuana. Eliminate the market for marijuana from the Mexican drug cartels in the United States and you drop their profits over night. Many also expect that decrease in drug trafficking to radically reduce violence at the boarder associated with drug trafficking. 

Regulation would also decrease the availability of marijuana by children. Many argue that high school children have a much easier time buying marijuana then alcohol. The taxation and regulation of marijuana would largely eliminate the black market and availability of cannabis to under aged individuals. 

Get Involved in the Debate over Legalizing Medical Marijuana in Florida

Various groups in Florida are asking citizens to sign petitions demanding that the Florida legislature take a vote on the medical marijuana bill that was filed in the House and Senate. One petition from an unnamed group has more than 7,000 signatures asking the legislature to "sign a discharge petitioner to permit a floor debate...." That petition can be found here - petition to vote on pending legislation to legalize medical marijuana in Florida.

Another organization, People United for Medical Marijuana is attempting to collect enough signatures on a petition to bypass the Republican legislature and force the issue on the November 2012 ballot. According to their website, as of Oct. 29, 2011, PUFMM had only gathered 29,922 signatures which is roughly 4% of the signatures needed.

Are you in favor of the legalization of medical marijuana in Florida or opposed to the idea? Should advocates for decriminalizing possession of marijuana  avoid the "medical marijuana" debate entirely and focus on the more transparent approach that cannabis should be legal for all adult consumers including healthy ones?

Let us know what you think of the proposed legislation or the best way to get involved in the debate. We welcome your comments below.

Update on January 9, 2015: Download the Florida petition to legalize medical marijuana in 2016.

Florida Senate - 2012                                   SJR 1028
       
       By Senator Bullard       
       
       39-00857-12                                           20121028__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         28 of Article X and the creation of Section 32 of
    4         Article XII of the State Constitution to allow the
    5         medical use of cannabis by citizens, allow the
    6         Legislature to implement these provisions by general
    7         law, and provide an effective date.
    8  
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following creation of Section 28 of Article X and
   12  the creation of Section 32 of Article XII of the State
   13  Constitution are agreed to and shall be submitted to the
   14  electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                              ARTICLE X                            
   18                            MISCELLANEOUS                          
   19         SECTION 28. Medical use of cannabis.—
   20         (a) Except as otherwise provided in subsections (g), (h),
   21  and (i), a patient or primary caregiver charged with a violation
   22  of the state’s criminal laws related to the patient’s medical
   23  use of cannabis has an affirmative defense to such allegation
   24  if:
   25         (1) The patient was previously diagnosed by a physician as
   26  having a debilitating medical condition;
   27         (2) The patient was advised by his or her physician, in the
   28  context of a bona fide physician-patient relationship, that the
   29  patient might benefit from the medical use of cannabis in
   30  connection with a debilitating medical condition; and
   31         (3) The patient and his or her primary caregiver were
   32  collectively in possession of amounts of cannabis only as
   33  permitted under this section.
   34  
   35  This affirmative defense does not exclude the assertion of any
   36  other defense by a patient or primary caregiver who is charged
   37  with a violation of state law related to the patient’s medical
   38  use of cannabis.
   39         (b) It is not a violation of the state’s criminal laws for
   40  a patient or primary caregiver to engage or assist in the
   41  medical use of cannabis pursuant to this section, except as
   42  otherwise provided in subsections (g) and (i).
   43         (c) It is not a violation of the state’s criminal laws for
   44  a physician to:
   45         (1) Advise a patient whom the physician has diagnosed as
   46  having a debilitating medical condition about the risks and
   47  benefits of the medical use of cannabis or that the patient
   48  might benefit from the medical use of cannabis, if such advice
   49  is based on the physician’s contemporaneous assessment of the
   50  patient’s medical history and current medical condition and a
   51  bona fide physician-patient relationship; or
   52         (2) Provide a patient with written documentation, based on
   53  the physician’s contemporaneous assessment of the patient’s
   54  medical history and current medical condition and a bona fide
   55  physician-patient relationship, stating that the patient has a
   56  debilitating medical condition and might benefit from the
   57  medical use of cannabis.
   58  
   59  A physician may not be denied any rights or privileges for
   60  engaging in acts authorized by this subsection.
   61         (d) Notwithstanding subsection (a), subsection (b), or
   62  subsection (c), a person, including a patient or primary
   63  caregiver, is not entitled to the protection of this section for
   64  his or her acquisition, possession, manufacture, production,
   65  use, sale, distribution, dispensing, or transportation of
   66  cannabis for any use other than medical use.
   67         (e) A property interest that is possessed, owned, or used
   68  in connection with the medical use of cannabis or acts
   69  incidental to such use may not be harmed, neglected, injured, or
   70  destroyed while in the possession of state or local law
   71  enforcement officials who seized the property in connection with
   72  the claimed medical use of cannabis. Such property interest may
   73  not be forfeited under any provision of state law providing for
   74  the forfeiture of property other than as a sentence imposed
   75  after conviction of a criminal offense or entry of a plea of
   76  guilty to such offense. Cannabis and paraphernalia seized by
   77  state or local law enforcement officials from a patient or
   78  primary caregiver in connection with the claimed medical use of
   79  cannabis shall be returned immediately upon the determination of
   80  the state attorney or his or her designee that the patient or
   81  primary caregiver is entitled to the protection contained in
   82  this section, including, but not limited to, by a decision not
   83  to prosecute, the dismissal of charges, or acquittal.
   84         (f)(1) A patient may engage in the medical use of cannabis
   85  with no more cannabis than is medically necessary to address a
   86  debilitating medical condition. The legislature may, by general
   87  law, establish a maximum amount of cannabis or cannabis plants,
   88  possession or use of which, or any lesser amount, is presumed to
   89  be medically necessary.
   90         (2) For quantities of cannabis in excess of an amount
   91  legislatively presumed to be medically necessary, a patient or
   92  his or her primary caregiver may raise as an affirmative defense
   93  to charges of violation of state law that such greater amounts
   94  were medically necessary to address the patient’s debilitating
   95  medical condition.
   96         (g) A patient may not:
   97         (1) Engage in the medical use of cannabis in a way that
   98  endangers the health or well-being of any person; or
   99         (2) Engage in the medical use of cannabis in plain view of,
  100  or in a place open to, the general public.
  101         (h) Notwithstanding paragraph (a)(1), a patient under
  102  eighteen years of age may not engage in the medical use of
  103  cannabis unless:
  104         (1) Two physicians have diagnosed the patient as having a
  105  debilitating medical condition;
  106         (2) One of the physicians referred to in paragraph (1) has
  107  explained the possible risks and benefits of medical use of
  108  cannabis to the patient and each of the patient’s parents
  109  residing in this state;
  110         (3) Each of the patient’s parents residing in this state
  111  consents in writing to permit the patient to engage in the
  112  medical use of cannabis;
  113         (4) A parent residing in this state consents in writing to
  114  serve as the patient’s primary caregiver;
  115         (5) The patient and primary caregiver collectively possess
  116  amounts of cannabis no greater than an amount authorized under
  117  subsection (d); and
  118         (6) The primary caregiver controls the acquisition of such
  119  cannabis and the dosage and frequency of its use by the patient.
  120         (i) No later than May 30, 2013, the legislature shall
  121  define such terms and enact such legislation as may be necessary
  122  for implementation of this section, as well as determine and
  123  enact criminal penalties for fraudulent representation of a
  124  medical condition by a patient to a physician or state or local
  125  law enforcement official for the purpose of avoiding arrest and
  126  prosecution.
  127         (j)(1) A health insurance provider may not be required to
  128  be liable for any claim for reimbursement for the medical use of
  129  cannabis.
  130         (2) This section does not require any employer to
  131  accommodate the medical use of cannabis in any work place.
  132         (3) A person may not be denied custody of or visitation
  133  with a minor for acting in accordance with this section and
  134  legislation implementing this section unless the person’s
  135  behavior creates an unreasonable danger to the minor that can be
  136  clearly articulated and shown by substantial competent evidence.
  137         (4) A person may not be denied any right or privilege and
  138  is not subject to arrest, prosecution, or penalty in any manner,
  139  including, but not limited to, a civil penalty or disciplinary
  140  action by a business, occupational, or professional licensing
  141  board, for providing a qualifying patient or primary caregiver
  142  of such a patient with cannabis or cannabis paraphernalia or for
  143  any other act done in accordance with this section or
  144  legislation implementing this section.
  145                             ARTICLE XII                           
  146                              SCHEDULE                             
  147         SECTION 32. Medical use of cannabis.—Section 28 of Article
  148  X providing for medical use of cannabis and this section shall
  149  take effect July 1, 2013.
  150         BE IT FURTHER RESOLVED that the following statement be
  151  placed on the ballot:
  152                      CONSTITUTIONAL AMENDMENT                     
  153                        ARTICLE X, SECTION 28                      
  154                       ARTICLE XII, SECTION 32                     
  155         MEDICAL USE OF CANNABIS.—Proposing an amendment to the
  156  State Constitution to provide a patient or primary caregiver
  157  charged with a violation of the state’s criminal laws related to
  158  the patient’s medical use of cannabis, also known as marijuana,
  159  with a defense to the charge if the patient has a debilitating
  160  condition and the physician, in the context of a bona fide
  161  physician-patient relationship, determines that the patient
  162  might benefit from the medical use of cannabis. The amendment
  163  provides that a physician may advise a patient with a
  164  debilitating condition about the medical use of cannabis and
  165  document the patient’s need for this use. The amendment
  166  specifies that it does not authorize any nonmedical use of
  167  cannabis. The amendment provides that property seized as a
  168  result of an arrest in connection with a claimed medical use of
  169  cannabis may not be harmed unless the charge results in a
  170  criminal conviction. The amendment provides that a patient may
  171  engage in the medical use of cannabis with no more cannabis than
  172  is medically necessary and that the Legislature may establish a
  173  maximum amount of cannabis or cannabis plants, possession or use
  174  of which, or any lesser amount, is presumed to be medically
  175  necessary. The amendment provides that a patient may not engage
  176  in the medical use of cannabis in a way that endangers the
  177  health or well-being of any person or in plain view of, or in a
  178  place open to, the general public. The amendment provides
  179  additional restrictions on the medical use of cannabis by
  180  persons under 18 years of age. The amendment requires that, by a
  181  specified date, the Legislature must define such terms and enact
  182  such legislation as may be necessary for implementation of the
  183  amendment and enact criminal penalties for fraudulent
  184  representation of a medical condition by a patient to a
  185  physician or state or local law enforcement official for the
  186  purpose of avoiding arrest and prosecution. The amendment
  187  provides that a person may not be denied custody of or
  188  visitation with a minor for acting in accordance with this
  189  amendment unless the person’s behavior creates an unreasonable
  190  danger to the minor which can be clearly articulated and shown
  191  by substantial competent evidence. The amendment provides that a
  192  person may not be denied any right or privilege and is not
  193  subject to arrest, prosecution, or penalty in any manner,
  194  including, but not limited to, a civil penalty or disciplinary
  195  action by a business, occupational, or professional licensing
  196  board, for providing a qualifying patient or primary caregiver
  197  of such a patient with cannabis or cannabis paraphernalia or for
  198  any other act done in accordance with the amendment. The
  199  amendment is scheduled to take effect July 1, 2013. 

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