House, Senate File Brief Against Medical Marijuana Amendment

November 12, 2013

Legislative leaders have formally joined Attorney General Pam Bondi’s attempt to block a medical-marijuana constitutional amendment from reaching the ballot in November 2014.

In a brief filed in the Florida Supreme Court, House General Counsel Daniel Nordby and Senate General Counsel George Levesque argued that the ballot title and summary for the proposed amendment are misleading and use inaccurate rhetoric in a number of areas to obscure the “true purpose” of the ballot initiative.

The brief doesn’t contest the policy expressed in the proposed amendment.

The proposal is heavily backed by Orlando trial lawyer and Democratic donor John Morgan, whose firm employs recently announced gubernatorial candidate Charlie Crist. In the 50-page brief, Nordby and Levesque contend that while the title refers to use of marijuana for “certain medical conditions,” and the summary refers to “debilitating diseases,” the amendment instead provides an “open-ended authorization” for physicians when recommending marijuana use.

Also, they argue that the amendment violates the state constitution’s single-subject requirement by addressing three “logically-separable” subjects: the removal of criminal liability and civil sanctions on individuals, caregivers and physicians; the exemption from civil liability for “others” related to the use of marijuana for medical purposes; and the creation of a new regulatory structure to promote the use of medical marijuana.

“This classic example of ‘logrolling’ denies voters the opportunity to vote in favor of a simple decriminalization of medical marijuana use by individuals suffering from serious illnesses without also expanding the regulatory reach of state government or providing immunity from civil liability,” Nordby and Levesque argued.

Bondi has also told the court that the summary for the ballot initiative would deceive voters about the reach of the amendment. In a brief filed with the court on Friday, she noted that the ballot summary suggests medical marijuana is permissible under federal law.

The Supreme Court will hear arguments about the ballot language Dec. 5.

Comments

15 Responses to “House, Senate File Brief Against Medical Marijuana Amendment”

  1. Rooster Cogburn on November 15th, 2013 8:31 pm

    Legalize it! Aren’t u people sick of all these laws that tell u what u can or can’t do? Are u sick and tired of your government spying on you? Let’s let people make their own decisions and take government out of the decision making equation!

  2. terry Lee on November 15th, 2013 6:05 pm

    I suffer from Hep C and I can not afford the medicine which can cost thousands a month. pot does control my nausea,headaches and the 12 other symptoms I suffer from, then by all means I should legally be able to obtain it.I can get it today for pennies on the dollar compared to the interferon that I cannot afford.I hope that all registered voters will sign and get this passed, so I want have to break the law.Its the right thing to do people…

  3. Russell on November 15th, 2013 8:52 am

    Awesome response from NW Floridians! If one this is for certain it is the fact that our legislators are so out of touch with the people voting them into office. Let the great state of Florida be the first Southern state to wake up and smell the roses.

  4. c.w. on November 13th, 2013 5:16 am

    Put it on the ballet and let the people vote. If they vote for it, good. If they vote against it, good. The politicians like Pam Bondi don’t care what the people need or won’t. All the politician care about is lobbyists money.

  5. perdido fisherman on November 12th, 2013 8:53 pm

    Those clowns in tallahasse do not care what the citizens of this state want, they want to control every aspect of our lives. I am sick and tired of them telling me what i can or cannot put iinto my body. I’m also sick of them getting rich off of other peoples suffering with thier for profit prisons.

  6. Puddin on November 12th, 2013 6:49 pm

    Im all for medical marijuana, and also for recreational use. Its like drinking a beer amd smoking a cig. Legalize POT!!!! :-D

  7. Duncan20903 on November 12th, 2013 10:26 am

    My wife woke up ill this morning. At first I was suspicious that she was just malingering but during her interrogation she convinced me that she’s really very ill by exhibiting actual symptoms of being ill. I said that I was really worried, and asked her if she wanted me to call a politician in for a medical consultation. But she’s still not sold on the assertion that politicians are better qualified to practice medicine and insisted on seeing an M.D. Women!

    Now I’m going to have to lobby her to at least get a second opinion from a politician. Even if they can’t cure her, they can at least pass a law which would do so. I may have to put my foot down and insist. After all, it’s for her own good.

    But seriously, what about the children? What kind of message does it send the children if she lallygags and acts like a layabout all day without consulting a politician? Doesn’t anyone care about the children?

  8. ME on November 12th, 2013 9:30 am

    According to some statistics marijuana use actually dropped after it was decriminalized or legalized, and like the other post, cigarettes and alcohol causes alot more troubles than pot.
    Deaths last year from alcohol 100,000 +
    Deaths from tobacco 443,000 +
    Deaths by prescription drugs 28,754 +
    Deaths from Marijuana 0

    Whats wrong with this picture ? Lobbyist for those companies! Thats What

  9. Ben Thar on November 12th, 2013 8:38 am

    I have no need of or desire for the stuff.

    But, I’d rather my physician decide what is medically necessary for me than a bunch of politicians.

  10. 429SCJ on November 12th, 2013 8:35 am

    @Paul, It is interesting to read that in California the liquor industry and law enforcement lobbied against the legalization ballot initiatives.

    The liquor industry did not want competition and LE wanted property forfeitures resulting from pot bust to continue uninterrupted. I would say it is a safe bet that the pharmaceutical industry feels threatened as well. Source article from Marginal Revolution, Guess Who is Lobbying Against Marijuana Legalization, September 23 2010.

    Is the tail wagging the dog on this issue? Moreover Google Pam Bondi on Wikipedia?

  11. clint on November 12th, 2013 8:28 am

    marijuana < Heroin
    Marijuana < alcohol
    marijuana < loratabs
    etc,etc,etc

  12. bigR on November 12th, 2013 7:27 am

    reguardless of what some people think medical marijuana is a very real necessity for a lot of terminally ill patients it is time to come out of the dark ages into reality. to deny these sick people proper working medicine should be a criminal act and those opposing it should not only be ashamed of themselves but also should face criminal penalties themselves. i can see some of their arguments about people abusing the system just so they can legally use it but in reality if you have ever been around someone dying with cancer and taking chemo treatments it is a terrible sight people stop eating cause they cant keep it down and the fda approved poision they approve to help with this does not work and it has been proven that marijuanea does help with the nausea. sick people need to be able to eat so that they can get better. it is being legalized throughout the country and now being backed by a lot of syndicated doctors in the national spotlight such as Dr. Sanjay Gupta and many others. sometimes the public has to stand up and fight for their god given rights and not be forced to live by the rules imposed by representatives and congressmen that exclude themselves from those same rules.

  13. paul on November 12th, 2013 6:50 am

    I don’t understand why bondi doesn’t try to outlaw alcohol and tobacco is she’s worried about anybodies health..I guess it’s their lobbyist who pay her..

  14. Russell on November 12th, 2013 5:38 am

    NorthWest Floridians, this is our chance for a slice of liberty!! Lets get this on the ballot and vote!!!

  15. 429SCJ on November 12th, 2013 3:20 am

    It is time to move beyond political symbolism and to engage the realities of the practical and the consensus of the citizenry.

Written by William Reynolds · Filed Under News