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Supreme Court Allows Florida Pot Vote To Move Forward
January 28, 2014
A narrowly divided Florida Supreme Court paved the way for state voters to decide whether doctors should be allowed to prescribe marijuana as a treatment for some conditions.
By a 4-3 margin, the court ruled that the summary of a constitutional amendment that voters will see at the polls isn’t deceptive, swatting away arguments from Attorney General Pam Bondi and legislative leaders that the proposal is actually far broader than the summary lets on.
“We conclude that the ballot title and summary fairly inform voters of the chief purpose of the amendment and will not mislead voters, who will be able to cast an intelligent and informed ballot as to whether they want a provision in the state constitution authorizing the medical use of marijuana, as determined by a licensed Florida physician, under Florida law,” the majority wrote in a joint opinion.
Joining the majority were Justices R. Fred Lewis, Barbara Pariente, James E.C. Perry and Peggy Quince. Chief Justice Ricky Polston dissented, along with Justices Charles Canady and Jorge Labarga, who normally votes with the other four justices.
The battle largely turned on whether two phrases would give voters the wrong view of the amendment.
First, while the ballot language says that people with “debilitating diseases” would be eligible to get pharmacological pot, the amendment would allow a doctor to prescribe marijuana to a patient with “a debilitating medical condition.”
Some opponents also argue that a section of the summary saying the amendment “[d]oes not authorize violations of federal law” might wrongly lead voters to believe that federal government allows marijuana use for medicinal purposes.
In a dissent, Chief Justice Ricky Polston said the ruling “will result in Floridians voting on a constitutional amendment in disguise.” He said the amendment would allow a far wider use of pot than the ballot suggests.
“For example, despite what the title and summary convey to voters, minor aches and pains, stress, insomnia, or fear of an upcoming flight could qualify for the medical use of marijuana under the text of the amendment,” Polston wrote. “This is seriously misleading.”
The ruling followed news Friday that People United for Medical Marijuana, the group pushing the amendment, had gathered enough signatures statewide and in the required 14 congressional districts to place the initiative on the ballot.
Democrats, who are expected to benefit from increased turnout of young and socially liberal voters, applauded the ruling.
“We need to quit devoting government resources to meddling in the lives of people who are suffering and focus our resources on making life better and more productive for the citizens of Florida,” said George Sheldon, a Democratic candidate for attorney general.
Republicans blasted the ruling.
“Make no mistake: this is not about compassionate medical marijuana,” said House Speaker Will Weatherford, R-Wesley Chapel. “This is about the Coloradofication of Florida, where the end game is a pot shop on every street corner.”
In a statement issued by his office, Gov. Rick Scott took a more measured approach.
“I have a great deal of empathy for people battling difficult diseases and I understand arguments in favor of this initiative,” Scott said. “But, having seen the terrible affects of alcohol and drug abuse first-hand, I cannot endorse sending Florida down this path and I would personally vote against it.”
by Brandon Larrabee, The News Service of Florida
Comments
9 Responses to “Supreme Court Allows Florida Pot Vote To Move Forward”
Recreational would be most honest.
I have medication resistant epilepsy. When I used to smoke, I had few seizures. I had to quit and it has devasted me. I am now cosidered disabled because of almost daily seizures. People ask why don’t you start again? It isnt so simple. I cant drive again…hell I cant even have friends anymore. The second issue is that you have to use a consistent strain..pref. higher in CBD and do it regular times. Respect it like a medicine. I was lucky enough to be friends with someone who could help me until the local stasi got him. I am also not able to play cat and mouse with the local popo’s anymore and iit is too risky to grow. So all of this is a miracle to me.
Good decision–let the people speak.
I say vote ‘YES’ to make medical marijuana legal in Florida.
This is awesome! I have never voted before but I will vote YES on medical marijuana and I will also be voting Scott and Bondi OUT! Those two retards should seriously be looking for another job.
Next will be recreational! FINGERS CROSSED!
Marijuana is one of the seeds from the earth,not man made. why not make it legal. it does help alot of Health conditions, people have to understand smoke it in moderhation , Don’t smoke it all day. use it as needed.
I have fibromyalgia. I have been forced to utilize prescription narcotics that are horrible for my health rather than be afforded the chance to use a pain relieving derivative of marijuana. I have never wanted to use any illegal drugs. The chance to get this approved gives me hope that I can get a strain of non habit forming, non euphoria producing medication that could greatly improve my life. I don’t even drink alcohol but I believe this measure is important enough that we stop acting like cavemen and start seeing this as a product that could be used as a legal medication. And what about those kids whose seizures are controlled, also. Have a heart, people.
Cigarettes, alcohol, pharmaceuticals, fat burgers,and even coffee are far more damaging to a persons health than marijuana. Yet no one is going to prison for selling or using those things. Legalization of something does not mean that suddenly everyone will rush out to get buzzed on it. It’s still an individuals choice, as it should be.
“I have a great deal of empathy for people battling difficult diseases and I understand arguments in favor of this initiative,” Scott said. “But, having seen the terrible affects of alcohol and drug abuse first-hand, I cannot endorse sending Florida down this path and I would personally vote against it.”
The bill is for medical cannabis, it is not about alcohol (which is already legal) or drugs (made by pharmaceutical companies)! It is about a god made herb that has been used in Chinese medicine for thousands of years. I have a book about Chinese medicinal herbs and it lists several different uses for cannabis.
“We need to quit devoting government resources to meddling in the lives of people who are suffering and focus our resources on making life better and more productive for the citizens of Florida,” said George Sheldon, a Democratic candidate for attorney general.
GEORGE SHELDON FOR PRESIDENT!!!