Florida Medical Marijuana Legalization, Amendment 2 (2016)

Florida Amendment 2
Election date November 8, 2016
Topic Marijuana
Status a Approved
Type Constitutional amendment	Origin Citizens

2016 measures
August 30
Amendment 4 a
November 8
Amendment 1 d
Amendment 2 a
Amendment 3 a
Amendment 5 a
Polls
Voter guides
Campaign finance
Signature costs

The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was on the November 8, 2016, ballot in Florida as an initiated constitutional amendment. It was approved.

A "yes" vote supported legalizing medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician.

A "no" vote opposed this proposal for legalization of medical marijuana, keeping the state's more limited medical marijuana program in place.

Amendment 2 was also designed to require the Department of Health to regulate marijuana production and distribution centers and issue identification cards to patients and caregivers.

For a constitutional amendment to be enacted in Florida, it must win a supermajority vote of 60 percent of those voting on the question, according to Section 5 of Article XI. This requirement was established via Amendment 3 in 2006.

This election was one of Ballotpedia's top 10 state-level races in 2016. Click here to read the full list.

Aftermath

2019 session

Senate Bill 182 was introduced in the 2019 legislation session by Sen. Jeff Brandes (R). The bill was designed to allow medical marijuana to be smoked, among other provisions. On March 7, 2019, the Florida State Senate approved SB 182 in a vote of 34 to 4, sending the bill to the House. The House approved the bill on March 13, 2019, in a vote of 101 to 11. The governor signed the bill into law on March 18, 2019.

2018 session

Senate Bill 726

Sen. Gary Farmer (D) introduced Senate Bill 726 for consideration during the 2018 legislative session. The bill was designed to allow smoked medical marijuana. House Majority Leader Ray Rodrigues (R) said that the bill would not make it through the state House. The bill ultimately didn't pass in the 2018 session.

2017 regular session

Amendment 2 required that regulations for the department of health's medical marijuana program be set for the issuance of identification cards, qualifications and standards of care givers, and rules for the registration of medical marijuana treatment centers by July 3, 2017, which was six months after the effective date. The Florida Department of Health released a list of proposed rules for regulating medical marijuana on January 18, 2017. Supporters of Amendment 2 said the department's proposed rules were too restrictive.

The state legislature has the power to set rules for medical marijuana. However, the legislature did not pass legislation to implement the amendment during its 2017 legislative session, which adjourned May 8, 2017. As the legislature did not pass a bill, the Florida Department of Health was expected to set the rules and regulations to implement the amendment by July 3, 2017.

On May 8, 2017, the department of health issued a statement, which said, "The department is committed to quickly moving through the rulemaking process to create a regulatory structure for Amendment 2."

The state was to issue IDs for medical marijuana patients by October 3, 2017.

2017 special session

Richard Corcoran, speaker of the Florida House of Representatives, said he would like a special legislative session to address medical marijuana legislation. He said, "To just leave it to bureaucrats sitting over at the Department of Health I think would be a gross injustice." Joe Negron, president of the Florida Senate, stated that the legislature has a responsibility to be involved in developing rules and regulations. Sen. Negron said a special session is "something that now that session is over and our budget passed that we’ll confer with the House and governor, and then make a decision on whether that’s something we should do." John Morgan, who's firm was the largest donor to the amendment's support campaign, called on Gov. Scott to convene a special session to address Amendment 2.

On June 2, 2017, Gov. Rick Scott (R) called for a special session for June 7, 2017, through June 9, 2017. While Gov. Scott's June 2 announcement did not include medical marijuana in his special session plan, he added medical marijuana legislation on June 6, 2017. The governor said, "Medical marijuana was approved by 71 percent of Florida voters in 2016, and I believe that it is the role of the Florida Legislature to determine how to best implement this approved constitutional amendment. I am glad that both the Florida Senate and House are moving toward crafting legislation to help patients, and I have added medical marijuana to the call for special session."

Senate Bill 8A

On June 9, 2017, the Florida State Legislature passed Senate Bill 8A (SB 8A), the Medical Use of Marijuana Act. In the Senate, the vote was 29 to 6 with four members not voting. In the House, the vote was 103 to 9 with seven members not voting. SB 8A was designed to establish regulations for the implementation of Amendment 2.

SB 8A defined the following medical conditions as qualifying a patient for medical marijuana:

• Cancer
• Epilepsy
• Glaucoma
• HIV/AIDS
• Post-traumatic stress disorder
• Amyotrophic lateral sclerosis
• Crohn’s disease
• Parkinson’s disease
• Multiple sclerosis
• Medical conditions comparable to those listed
• A terminal condition

The bill placed a cap on the number of retail dispensaries and medical marijuana treatment centers allowed until April 1, 2020. No tax was levied on medical marijuana.

The bill banned the smoking of medical marijuana. SB 8A allowed patients to obtain 70-day supplies of medical marijuana with two refills before needing a new prescription.

To be allowed to prescribe medical marijuana, SB 8A required doctors to take a two-hour $500 course through the Florida Medical Association or Florida Osteopathic Medical Association. The bill banned doctors with a financial interest in marijuana growing or testing facilities from prescribing marijuana.

Gov. Rick Scott (R) signed SB 8A into law on June 23, 2017.

Lawsuits

People United for Medical Marijuana v. Florida

  

Lawsuit overview
Issue: Constitutionality of implementing legislation; whether banning the smoking of marijuana in statute violates Amendment 2
Court: Florida 2nd Circuit Court and Florida First District Court of Appeal
Ruling: Second Circuit Court ruled in favor of the defendant, deciding that a ban on smoking medical marijuana violated Amendment 2. On July 9, 2019, the Florida First District Court of Appeal ruled that Florida’s approach to regulating marijuana violated the constitution and violated Amendment 2.
Plaintiff(s): People United for Medical Marijuana	Defendant(s): State of Florida; Florida Department of Health; Secretary of Health Celeste Philip; Office of Compassionate Use; Director of the Office of Compassionate Use Christian Bax; Florida Board of Medicine; Chair of the Florida Board of Medicine James Orr; Florida Board of Osteopathic Medicine; Chair of the Florida Board of Osteopathic Medicine Anna Hayden
Plaintiff argument: Senate Bill 8A was designed to ban the smoking of marijuana, which violates the content of Amendment 2	Defendant argument: Senate Bill 8A was approved by the legislature to implement Amendment 2 and is not unconstitutional.

  Source: Florida 2nd Circuit Court,Orlando Sentinel, and AP News

On July 5, 2017, John Morgan, the chairperson of People United for Medical Marijuana (PUMM), filed litigation in the Florida 2nd Circuit Court. He said that Senate Bill 8A's ban on smoking medical marijuana violated Amendment 2. The court filing stated that SB 8A defined medical use of marijuana to exclude smoking, while the amendment was designed to leave the administration of marijuana to the judgment of a licensed physician. Amendment 2 allowed the state to ban the smoking of marijuana in public places. The initiative's analysis of intent said the amendment "makes clear that the Amendment does not require that the smoking of medical marijuana be allowed in public unlike the proper use of medical marijuana in a private place which is not illegal." According to PUMM, the initiative's analysis of intent "unambiguously says that smoking medical marijuana in a private place in compliance with the provisions of the amendment is legal."

Judge Karen Gievers scheduled a hearing in the case for January 25, 2018. On May 25, 2018, Judge Gievers ruled that SB 8'As ban on smoking medical marijuana was unconstitutional. She said that Amendment 2 provided patients with "the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians, including the use of smokable marijuana in private places."

The state Department of Health appealed the ruling to the Florida First District Court of Appeal and the decision was stayed. On June 5, Judge Gievers lifted the stay, ordering the state to draft a plan by June 11 to allow smokable medical marijuana. However, the First District Court of Appeal subsequently ordered that the hold remain in effect.

Florida Gov. Ron DeSantis (R), who was sworn in on January 8, 2019, called on the Florida State Legislature to repeal a law that was designed to ban smokable forms of marijuana. He said he was giving the state legislature until mid-March 2019 to repeal the ban itself or else he would drop the state's appeal.

On July 9, 2019, the Florida First District Court of Appeal ruled that Florida’s approach to regulating marijuana violated the constitution and violated Amendment 2.

Election results

Amendment 2
Result		Votes	Percentage
a Yes		6,518,919	71.32%
No		2,621,845	28.68%

Election results from Florida Division of Elections

Overview

Looking for more information about marijuana on the ballot in 2016? Explore other Ballotpedia articles on the subject below. Presidential candidates on marijuana • Marijuana laws in the U.S. Drug Policy Alliance • Marijuana Policy Project • NORML • SAM Action Recreational marijuana on the ballot Arizona Prop. 205 • California Prop. 64 • Maine Question 1 • Massachusetts Question 4 • Nevada Question 2 Medical marijuana on the ballot Arkansas Issue 6 • Florida Amendment 2 • Montana I-182 • North Dakota Measure 5

Initiative design

The legal language of Amendment 2 was written to explicitly allow medical marijuana to be provided as a treatment for patients with the following specific diseases:

• cancer
• epilepsy
• glaucoma
• HIV
• AIDS
• post-traumatic stress disorder (PTSD)
• amyotrophic lateral sclerosis (ALS)
• Crohn's disease
• Parkinson's disease
• multiple sclerosis

Amendment 2 was also designed to allow licensed physicians to certify patients for medical marijuana use after diagnosing them with some "other debilitating medical conditions of the same kind or class as or comparable to those enumerated."

Status of Florida medical marijuana before 2016
The Florida government enacted the Compassionate Medical Cannabis Act of 2014 and it became effective on January 1, 2015. The program allowed for access to non-smoked, low-THC marijuana for qualified patients.

Defeat of Amendment 2 in 2014

See also: Florida Right to Medical Marijuana Initiative, Amendment 2 (2014)

United for Care successfully placed a similar initiative, also named Amendment 2, on the November 4, 2014, ballot in Florida, but the measure was defeated on Election Day. Although a 57.62 percent majority voted in favor of the amendment, Florida's state constitution requires a 60 percent supermajority vote for an amendment to pass. Thus, the measure failed by a little over 139,000 votes, or 2.38 percent.

Following the defeat of 2014's Amendment 2, John Morgan, the central proponent of and largest donor to the defeated measure, started planning a re-run for 2016. United for Care, which supported the defeated Amendment 2 of 2014, supported the 2016 medical marijuana initiative. The group's director, Ben Pollara, said the new initiative contains explicit language clarifying issues about which some opponents of Amendment 2 were concerned in 2014.

Differences between 2014 and 2016 measures

Although the 2014 measure and the 2016 measure were both designed to legalize medical marijuana, there were some differences between the two proposals. The 2016 measure clarified requirements for parental consent for the use of medical marijuana by minors and also further defined what is meant by "debilitating" illnesses that would qualify for marijuana as a treatment option. The 2016 measure also addressed concerns regarding caregivers by making it clear that doctors would not be immune from malpractice claims for negligent prescribing of marijuana and by limiting how many patients a caregiver can treat with marijuana.

Text of measure

Ballot title

The title was as follows:

“

Use of Marijuana for Debilitating Medical Conditions

”

Ballot summary

The ballot summary was as follows:

“

Allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients’ medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana.

”

Financial impact statement

The financial impact statement for Amendment 2 was as follows:

“

Increased costs from this amendment to state and local governments cannot be determined. There will be additional regulatory costs and enforcement activities associated with the production, sale, use and possession of medical marijuana. Fees may offset some of the regulatory costs. Sales tax will likely apply to most purchases, resulting in a substantial increase in state and local government revenues that cannot be determined precisely. The impact on property tax revenues cannot be determined.

”

Full text

The full text of Amendment 2 was available here.

Constitutional changes

Amendment 2 added the following section to Article X of the Florida Constitution

ARTICLE X, SECTION 29.– Medical marijuana production, possession and use. (a) PUBLIC POLICY. (1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law. (2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical condition in compliance with this section. (3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or its agents or employees, and in compliance with this section and Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law. (b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings: (1) “Debilitating Medical Condition” means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. (2) “Department” means the Department of Health or its successor agency. (3) “Identification card” means a document issued by the Department that identifies a qualifying patient or a caregiver. (4) “Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition, “Low-THC cannabis” as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be included in the meaning of the term “marijuana.” (5) “Medical Marijuana Treatment Center” (MMTC) means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department. (6) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition. (7) “Caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time. Caregivers are prohibited from consuming marijuana obtained for medical use by the qualifying patient. (8) “Physician” means a person who is licensed to practice medicine in Florida. (9) “Physician certification” means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the medical use of marijuana would likely outweigh the potential health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing. (10) “Qualifying patient” means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards. (c) LIMITATIONS. (1) Nothing in this section allows for a violation of any law other than for conduct in compliance with the provisions of this section. (2) Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana. (3) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient. (4) Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under the influence of marijuana. (5) Nothing in this section requires the violation of federal law or purports to give immunity under federal law. (6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place. (7) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana. (8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees. (d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion. (1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section: a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department must receive written consent from the minor’s parent or legal guardian, in addition to the physician certification. b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for the issuance and annual renewal of caregiver identification cards. c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety. d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient’s appropriate medical use. (2) Identification cards and registrations. The Department shall begin issuing qualifying patient and caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective date of this section. (3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering MMTCs within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department’s constitutional duties. (4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes. (e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this section. (f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by a court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible

Support

Yes on 2, also known as People United for Medical Marijuana, led the campaign in support of Amendment 2.

Supporters

The Yes on 2 campaign website listed the following endorsements:

Organizations AFL-CIO AFSME America Votes American Civil Liberties Union of Florida Annie Appleseed Project Democratic Women's Club of Florida Florida Alliance of Planned Parenthood Florida Democratic Party Florida NAACP Kendall Federation Political Action Committee Medical Marijuana of South Florida Miami Dade Young Dems New College of Florida Democrats NORML Palm Beach County Democratic Black Caucus Planned Parenthood Progress Florida Ruth's List SEIU Florida Teamsters 2011 United Teachers of Dade Political figures State Senator Oscar Braynon, II U.S. Rep. Corrine Brown State Senator Dwight Bullard Former State Senator Paula Dockery U.S. Representative Joe Garcia U.S. Rep. Alcee Hastings (D-20) Former State Senator Tony Hill State Representative Cynthia Stafford (D-109)

Other supporters

• Our Revolution
• Attorney John Morgan

Arguments in favor

United for Care listed the following arguments and quotations about "marijuana's medical value:"

“

Studies show that many patients suffering from HIV/AIDS, glaucoma, cancer and chemotherapy, multiple sclerosis, epilepsy, and other debilitating illnesses find that marijuana provides relief from their symptoms. 'Nausea, appetite loss, pain and anxiety are all afflictions of wasting and can be mitigated by marijuana.'— Institute of Medicine, Marijuana and Medicine: 'Assessing the Science Base,' 1999 'Evidence not only supports the use of medical marijuana in certain conditions but also suggests numerous indications for cannabinoids.' — American College of Physicians, 'Supporting Research into the Therapeutic Role of Marijuana,' 2008 Available prescription drugs often come with far more serious side effects than marijuana, and many patients who find relief from marijuana simply do not respond to prescription medications. Smoking or vaporizing marijuana are much more effective delivery methods than pills for many patients: The drug works instantly, the dosage may be controlled by the patient, and there is no problem 'keeping it down' since it cannot be vomited back up. Cocaine, morphine, and methamphetamine may all be legally administered to patients — so why not marijuana, which has a far lower rate of dependency and for which there has never been a recorded overdose.

”

Martha Baker, president of SEIU Local 1991, stated the following:

“

The Use of Marijuana for Debilitating Medical Conditions ballot initiative is about compassion and quality of care for patients. There are hundreds of thousands of very sick Floridians who will find relief due to this comprehensive proposal. There are 24 other states that have a medical marijuana law; United for Care is doing the right thing for Florida by bringing this issue to the voters. Moreover, the proposal puts medical decisions back in their proper place- between patient and doctor.

”

Mark Lane wrote the following in The Daytona Beach News-Journal:

“

After I wrote about the amendment two years ago, I heard from caregivers and family members who saw their loved ones’ end of life made more bearable and peaceful because of medical marijuana. Their stories were heartbreaking arguments for changing the law. The unwillingness of the Legislature to address this issue in any comprehensive way after 58 percent of the electorate voted for the last version of the amendment is a maddening thing. It shows why a constitutional amendment is the only way this might ever move forward.

”

Ellen Gillette, a teacher residing in Fort Pierce, wrote the following in TCPalm:

“

There are Floridians suffering a litany of health issues who could be helped by medical marijuana. My concerns about the abuse and misuse of marijuana is not substantial enough to look them in the eyes and say, 'Sorry. Your pain just doesn’t matter. Seek help elsewhere. Florida doesn’t care.' When you fill out your ballot — whether voting for the person who will lead our nation for at least the next four years, or voting to allow medical marijuana in our state — cast your vote based on the best facts available. Don’t get sucked in by the rhetoric of fear, whatever good intentions might accompany it.

”

Jim Manfre, Flagler County Sheriff, said the following about the amendment:

“

I don’t think we can, as a society, continue to allow people to suffer if their physicians decide medical marijuana can alleviate it.

”

Opposition

The campaign in opposition to Amendment 2 was led by the group Vote No On 2.

Opponents

• Florida Chamber of Commerce
• Drug Free Florida Committee
• Palm Beach County Substance Awareness Coalition
• Florida Medical Association
• Florida Sheriffs Association (FSA)
• Orange County Sheriff and FSA President Jerry Demings
• Polk County Sheriff and past FSA President Grady Judd
• Palm Beach County Sheriff Ric Bradshaw
• Charlotte County Sheriff Bill Prummell
• Madison County Sheriff Ben Stewart
• Kern County, California Sheriff and president of the California State Sheriffs Association Donny Youngblood
• Orange County, California Sheriff and president of the MCSA Sandra Hutchens

Arguments

Vote No On 2 ad

In the "Search" video created by the Vote No On 2 campaign, the group expressed concern over the number of marijuana shops that could appear with the passage of Amendment 2. The video provided estimates indicating that, based on Florida's patient needs, the state would need 1,993 marijuana treatment centers. The video went on to claim that marijuana treatment centers would outnumber the Walmarts (191) and Walgreens (840) stores combined. The narrator makes comparisons to the state of medical marijuana in California, questioning the legitimacy of medical marijuana measures and calling Amendment 2 a "scam to legalize pot." Politifact fact-checked the claims about the number of pot shops and gave the claim a rating of "half-true," citing issues with the unreliable nature of the estimate given for the number of shops that would be needed.

Vote No On 2 "Three Things"

In the "Three Things" video produced by the Vote No on 2 campaign, the group compared California's medical marijuana initiative to the proposed amendment for Florida, arguing that the California version failed.

Christina Johnson, spokeswoman for the Vote No On 2 campaign, made the following statement about the California medical marijuana initiative:

“

Facts, research and evidence from California’s pot experiment proves that this so-called ‘medical’ marijuana initiative failed miserably in its promises to the voters. Florida cannot afford to become the California of the east and have their history repeat itself in our state by buying into the misleading rhetoric.

”

Concerning the changes made to the 2014 initiative effort, Calvina Fay, executive director of the Drug Free America Foundation, argued that the 2016 initiative was still objectionable. She elaborated:

Vote No On 2 advertisement entitled "Pot's not medicine"

“

Instead of spending enormous amounts of money on an initiative that alters our state's Constitution and creating a law that could not be easily fixed when it backfires, I would call upon Morgan and his team to spend their money and efforts helping us to advance research and clinical trials on compounds in marijuana that could be developed into real medicine. Floridians deserve safe and effective medicine backed by scientific research. Sometimes that medicine is derived from specific compounds found in a plant. But never is medicine derived from smoking a crude weed.

”

Diane Ramseyer, executive director of Drug Free Charlotte County, expressed concern that legalizing medicinal marijuana would normalize the drug into recreational use.

“

Not even just for our teens, but our smaller children. When they start to see that, it just becomes normalized. It becomes that it's no big deal and it really is a big deal. ... Their perception of risk of harm of using that is going down. It's only like 46 percent of our high schoolers that feel there's any kind of harm in using marijuana.

”

Dr. Tommy Green, executive director-treasurer of the Florida Baptist Convention, said the following:

“

The State Board of Missions has individual and corporate empathy for those Floridians suffering from debilitating diseases, but the Board does not believe legalizing an addictive drug without strong regulatory oversight is an appropriate solution; and the effort to legalize marijuana is contrary to the interests of the public health, safety, and welfare, and will adversely affect the rights of citizens to live and work in a community where drug abuse is not accepted and citizens are not subjected to the adverse effects of the drug abuse. I and on behalf of the State Board of Missions of the Florida Baptist Convention implore pastors to diligently encourage their church members to vote to defeat Amendment 2.

”

Other opinions

According to the Palm Beach Post and Tallahassee Democrat, the Florida Conference of Catholic Bishops did not come out in direct opposition to Amendment 2 but did express concerns regarding certain elements of the proposal, including the following:

“

Definitions and terms are vague; creating opportunities for abuse and fraud No THC limit on edibles presents a significant risk A plant-based medicine poses unique quality control problems Allows greater access for youth by having marijuana in a home.

”

Noteworthy events

Broward County ballot misprint

On October 20, 2016, a voter in the Oakland Park district of Florida reported to the Sun Sentinel that Amendment 2 was completely missing from her vote-by-mail ballot. The Broward County Elections Office claimed that the error resulted from five to seven test ballots without the amendment that were mistakenly sent to voters in the Oakland Park district, which meant that the error was probably limited to about two ballots.

Lawsuit

The Florida chapter of the National Organization for Reform of Marijuana Laws (NORML), and an affected voter, Karen Goldstein, filed a lawsuit in Broward County Circuit Court in response to the printing error, listing Broward County Supervisor of Elections Dr. Brenda Snipes as the defendant.

Specifically, plaintiffs requested that the defendant be required to perform the following actions:

• Provide an explanation regarding why Amendment 2 was omitted from certain ballots as well as an estimated count of how many ballots were affected
• Print and distribute new ballots to all voters who already received 2016 general election vote-by-mail ballots
• Include an information sheet with the new ballots that explains why Amendment 2 was omitted from previous ballots
• Take steps to ensure that ballots already printed but not sent out as well as those not yet printed contained Amendment 2
• Pay petitioners' costs and attorneys' fees to the extent allowed by the law

Hearings and ruling

Officials held an emergency hearing on October 25, 2016, at the Broward County Courthouse in response to the lawsuit. Two voters reported that Amendment 2 was missing from their ballots during the emergency hearing. One individual was from the Plantation region and one individual was from the Fort Lauderdale region of Florida. The attorney representing the lawsuit plaintiffs, Norman Kent, requested an emergency rehearing after the voters came forward, because their reports indicated that the error might not be limited to the Oakland Park district. Dr. Brenda Snipes’ attorney, Bernadette Norris-Weekes, told the hearing judge that the county elections office had already culled through roughly 50,000 vote-by-mail ballots to check for the error and would continue to check ballots as they came in. Four more cases of the error were confirmed after the first hearing.

During the second emergency hearing, held October 27, 2016, Judge Carol-Lisa Phillips heard more evidence from witnesses. Kent requested that election officials be required to post signs at polling places asking voters to look for Amendment 2. Norris-Weekes argued such a step was an unnecessary precaution. Judge Phillips ruled in favor of the defendant, Dr. Brenda Snipes, denying the plaintiffs’ motion for emergency ballot redistribution and concluding that election officials had already taken necessary precautions.

Broward County and Amendment 2 in 2014

In 2014, voters decided on a separate medical marijuana measure, also known as Amendment 2. The amendment was defeated, as it received 57.62 percent of “yes” votes, just shy of meeting the 60 percent mark required for an amendment to be approved in Florida. Broward County had one of the highest percentages of "yes" votes, 68 percent, compared to other Florida counties.

Background

Compassionate Medical Cannabis Act of 2014

Under the Compassionate Medical Cannabis Act of 2014 (Chapter 381.986, Florida Statutes), which was signed into law on June 16, 2014, physicians licensed under Chapter 458 and 459 of the Florida Statutes were authorized to prescribe non-smoked cannabis low in tetrahydrocannabinol (THC) content, or low-THC cannabis, to qualified patients. According to the Florida Department of Health, Floridians had to meet the following requirements in order to be prescribed low-THC cannabis under the act:

“

The patient must be a permanent Florida resident. If a patient is under the age of 18, a second physician must agree with the determination of need for the patient. The patient must suffer from cancer or a physical medical condition that chronically produces symptoms of seizures, or severe and persistent muscle spasms; or symptoms of the same. Other treatments must have been tried without success. The ordering physician must determine the risks of using low‐THC cannabis are reasonable in light of the benefit to the patient. The ordering physician must register the patient in the Compassionate Use Registry. The ordering physician must maintain a patient treatment plan which outlines the dose, route of administration, planned duration, monitoring of the patient’s illness, and tolerance of the low‐ THC cannabis, and submit the plan to the University of Florida, College of Pharmacy, on a quarterly basis for research purposes.

”

This law allowed limited medical marijuana use in the state of Florida; it did not fully legalize it. Amendment 2 legalized the use of medical marijuana for treating specific diseases including symptoms other than seizures or spasms. The measure was designed to provide identification cards to qualified caregivers and patients and register them with the Department of Health. This also applied to marijuana dispensaries.

Campaign finance

See also: Ballot measure campaign finance, 2016 and Campaign finance requirements for Florida ballot measures

Total campaign contributions:
Support:	$6,198,366.05
Opposition:	$3,442,532.00

As of January 24, 2017, the support and opposition campaigns for Amendment 2 had received a total of over $8.9 million in combined contributions. The support campaign received about twice as much money as the opposition campaign.

Both of these campaigns were operational surrounding the similar effort to legalize medical marijuana in 2014, and they remained active after the 2014 election into the 2016 election cycle. For the 2014 amendment, the support campaign raised about $8.1 million and the opposition campaign raised about $6.3 million. Details about the campaign finance surrounding 2016's Amendment 2 are below.

Support

As of January 24, 2017, People United for Medical Marijuana had received a total of $6,198,366.05 in contributions for the 2016 election.

PAC	Amount raised	Amount spent
People United for Medical Marijuana	$6,198,366.05	$6,174,316.21
Total	$6,198,366.05	$6,174,316.21

Top donors

Below are the top five contributors to the support campaign for Amendment 2 as of January 24, 2017:

Donor	Amount
The Morgan Firm	$2,741,970.93
Barbara Stiefel	$775,000.00
Florida Democratic Party	$240,000.00
John Curtin	$100,000.00
Altmed, LLC	$34,666.00

Support timeline

The support campaign raised $107,528 in January 2016. The majority of funds raised in January were donated by John Morgan's firm, The Morgan Firm. The campaign raised more than $41,000 in March 2016 and more than $50,000 in April 2016, bringing the total amount raised in 2016 to nearly $290,000. Most of the group's contributions were provided in 2015.

Opposition

As of January 24, 2017, the Drug Free Florida Committee had reported receiving $3,474,685.76 in contributions, with $1,000,000 coming from Mel Sembler, who was also a top contributor to the campaign in opposition to the 2014 marijuana measure.

PAC	Amount raised	Amount spent
Drug Free Florida	$3,474,685.76	$ 3,440,542.92
Total	$3,474,685.76	$ 3,440,542.92

Top donors

Below are the top five contributors to the opposition campaign for Amendment 2 as of January 24, 2017:

Donor	Amount
Sheldon Adelson	$1,500,000
Mel Sembler	$1,000,000
Carol Jenkins Barnett Family Trust	$800,000
Westgate Marketing, LLC	$32,147.76
Alfred Hoffman Jr.	$25,000

Media editorials

See also: 2016 ballot measure media endorsements

Support

• The Miami Herald said, "Floridians have sent a signal they want medical marijuana. For humanitarian reasons, voters should approve the measure this time around." The board also published another editorial in support of Amendment 2 in October 2016, saying, "Once again, initiative foes argue the legalization of medical cannabis should be handled by the state Legislature instead of being enshrined into the Florida Constitution. We agree, but since lawmakers have repeatedly failed to pass comprehensive legislation, sick Floridians want this relief. For their sake, we recommend YES on Amendment 2."
• The Bradenton Herald said, "This Editorial Board opposed the 2014 Amendment 2, but we support the 2016 version, much improved with various clarifying revisions."
• In February, the Tallahassee Democrat said, "This paper endorsed the proposal two years ago, and we support it now. As a doctor must decide for a patient in prescribing pot, we think the potential benefits of the amendment outweigh its drawbacks." The paper published another support editorial in October 2016.
• The Herald Tribune editorial board said, "Nearly 58 percent of Floridians supported a medical-marijuana amendment two years ago. The proposition on this year's general-election ballot is clarified and improved. We recommend voting YES, for Amendment 2." The board also published another supporting editorial later in October 2016.
• The Gainesville Sun editorial board said, "Twenty five states have already legalized medical marijuana. Florida residents should have the same ability to avoid the risks of addiction and overdose that come with legal painkillers, and instead use medical marijuana to treat chronic pain, nausea and other conditions that stem from debilitating diseases. Amendment 2 is a compassionate, common-sense measure. The Sun supported the previous version and only has more reason to encourage voters to finally legalize medical marijuana this November."
• The Palm Beach Post editorial board said, "Opponents in 2014 seized on vague language, but this version of the initiative cleans up and clarifies the previous weaknesses. Even Attorney General Pam Bondi, a fierce opponent then, didn’t seek to block the present initiative in the state Supreme Court. [...] With old myths breaking down, it is time for Florida to become the first Southern state to OK medical marijuana. Vote yes on Amendment 2."
• The Cape Coral Daily Breeze editorial board wrote, "It's a pretty well-defined process with built-in safeguards. This means - fright ads to the contrary - no one is going to open a pot shop next door to a school; no one is going to authorize handing kids a wink-wink 'prescription' or 'pot candy;' and no one is going to start a legal grow house next door. As we did in 2014, we urge a YES vote for Amendment No. 2, medical marijuana."
• The Florida Today editorial board wrote, "The Sunshine State is home to the nation's largest percentage of people 65 and older, a demographic for whom chronic pain and devastating illnesses are commonplace and expensive to treat with pharmaceuticals. Amendment 2 would give them another option, if their doctors conclude it's right for them. As we said back in 2014, a 'yes' vote would expand personal freedom and health options for the hurting, with little potential downside."
• The Herald Tribune editorial board said, "We recognize some of the opponents' objections. But reasonable concerns can be addressed in the regulations cited in the initiative’s text. This proposition is clarified and improved. We recommend voting YES, for Amendment 2."
• The Florida Times-Union editorial board wrote the following in support:

“

Amendment 2 is a familiar one, involving medical marijuana, a proposal that narrowly missed the 60 percent threshold a few years ago. In this case, the Legislature has not passed an expansion since approving Charlotte’s Web a few years ago. Also the current proposal has clarified several important aspects that were unclear. Vote yes.

”

Opposition

• Orlando Sentinel: Michael Joe Murphy, writing an Orlando Sentinel endorsements piece, argued that, while allowing more medical marijuana might be a good idea, amending the constitution to make the policy change would be a mistake since it would prevent adjustments and improvements to the law. Murphy wrote: "It's the right policy, but the constitution is the wrong place to do it. Vote no."

• The Florida Courier wrote the following: "As we opined in 2012: How does Amendment 2 directly benefit Black Floridians? Jobs? Less street crime? Improved health? If you want to get pimped, vote yes. OUR RECOMMENDATION: VOTE NO. Defeat this confusing half-measure that was dreamed up by Big Weed. Then let’s have the inevitable fight over whether marijuana should be completely decriminalized in Florida. That recommendation remains true four years later."

Other opinions

The Treasure Coast Newspapers editorial board argued that the discussion surrounding Amendment 2 was lacking in terms of rational debate, and therefore it could not take a position on the issue, stating the following:

“

The Treasure Coast Newspapers Editorial Board currently takes no position on Amendment 2; like many Floridians, we still have questions and some misgivings. Nonetheless, we believe in the need for informed debate on this issue. And we fear that if opponents ratchet up the rhetoric to frighten voters, any chance at rational discussion is destined to go up in smoke.

”

Polls

Note: Constitutional amendments in Florida require a 60 percent supermajority for approval.

Florida Medical Marijuana (2016)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
St. Leo University 10/22/16 - 10/26/16	71.3%	21.6%	7.1%	+/-3	1,028
People United for Medical Marijuana/Anzalone Liszt Grove Research 10/17/2016 - 10/20/2016	74%	22%	4%	+/-3.59	800
Public Opinion Research Laboratory 9/27/2016 - 10/4/2016	77%	18%	4%	+/-3.8	668
Florida Chamber of Commerce/Cherry Communications 9/15/16 - 9/20/16	73%	22%	5%	+/-4	617
St. Leo University 9/10/16 - 9/16/16	68.8%	31.2%	0%	+/-4.5	502
Anzalone Liszt Research 7/17/16 - 7/21/16	77%	20%	3%	+/-3.1	1,000
News 13/Bay News 9 June 2016	68%	18%	13%	+/-2.3	1,678
Gravis Marketing 5/17/16 - 5/18/16	69%	23%	8%	+/-2.0	2,542
Quinnipiac University Poll 4/27/16 - 5/6/16	80%	16%	3%	+/-3.0	1,051
Bendixen & Amandi International 5/1/16 - 5/4/16	61%	36%	3%	+/-4.0	600
Mason-Dixon Polling & Research 3/7/16 - 3/9/16	71%	23%	6%	+/-4.0	625
News 13/Bay News 9 3/4/16 - 3/6/16	61%	21%	18%	+/-2.2	1,961
Public Policy Polling Poll 2/24/16 - 2/25/16	65%	28%	7%	+/-3.1	1,012
Quinnipiac University Poll 3/17/15 - 3/28/15	84%	14%	2%	+/-3.0	1,087
Gravis Marketing 1/28/15 - 1/29/15	64%	26%	10%	+/-4.0	693
AVERAGES	70.94%	22.65%	6.21%	+/-3.31	1,057.6
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Florida

Supporters needed to collect a minimum of 683,149 valid signatures by February 1, 2016, to qualify Amendment 2 for the November 2016 ballot. The secretary of state website verified 716,270 signatures, certified the measure for the ballot, and gave the measure a ballot number on February 1, 2016.

Cost of signature collection:
Sponsors of the measure hired Abrams Harrigan Consulting, LLC and PCI Consultants Inc. to collect signatures for the petition to qualify this measure for the ballot. A total of $2,773,476.49 was spent to collect the 683,149 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $4.06.

For a constitutional amendment to be enacted in Florida, it must win a supermajority vote of 60 percent of those voting on the question, according to Section 5 of Article XI. This requirement was established via Amendment 3 in 2006.

Lawsuit overview

  

Lawsuit overview
Issue: Misprint omitting the amendment from certain Broward County vote-by-mail ballots
Court: Broward County Circuit Court
Ruling: The plaintiffs failed to show that there was "irreparable harm" caused due to the defendant's actions, and therefore the motion for relief was denied.
Plaintiff(s): NORML of Florida, Inc., and Karen Goldstein, a registered voter in Broward County, Florida	Defendant(s): Dr. Brenda Snipes, supervisor of elections in Broward County, Florida
Plaintiff argument: The exclusion of Amendment 2 from certain absentee ballots deprived Florida voters of their ability to fully participate in the 2016 general election and violated their constitutional rights. Consequently, the court should have required the defendant to print and distribute new vote-by-mail ballots for the 2016 general election and provide an explanation for why the amendment was omitted.	Defendant argument: There was no evidence of irreparable harm in the case because both of the voters who had confirmed instances of faulty vote-by-mail ballots already received replacement ballots.

  Source: Miami Herald, WSVN News 7 Miami, and Miami Herald

Related measures

See also: History of marijuana on the ballot and Marijuana on the ballot

The first attempt to legalize marijuana through the initiative process came in 1972, when California activists got an initiative certified for the ballot. The measure was defeated. Marijuana legalization advocates had their breakthrough election in 2012, when both Washington and Colorado legalized recreational marijuana. Oregonians rejected a legalization measure that same year, but approved one two years later in 2014. As of the beginning of 2016, recreational marijuana had been legalized in four states and Washington, D.C. All legalizations came through the initiative process. As of the beginning of 2016, medical marijuana was legal in 25 states.

More than 60 statewide marijuana-related initiatives were submitted for the 2016 ballot. The table below shows the marijuana-related measures that qualified for the 2016 election ballot:

Marijuana measures on the ballot in 2016
State	Measures
California	California Proposition 64, California Marijuana Legalization a
Arkansas	Arkansas Medical Marijuana, Issue 6 a
Arizona	Arizona Marijuana Legalization, Proposition 205 d
North Dakota	North Dakota Medical Marijuana Legalization, Initiated Statutory Measure 5 a

The following table includes past initiative attempts in the United States to legalize marijuana:

State	Year	Measure	Status
Arizona	2016	Proposition 205	d
California	2016	Proposition 64	a
Maine	2016	Question 1	a
Massachusetts	2016	Question 4	a
Nevada	2016	Question 2	a
Ohio	2015	Legalization Initiative	d
Alaska	2014	Ballot Measure 2	a
Oregon	2014	Measure 91	a
Washington, D.C.	2014	Initiative 71	a
Colorado	2012	Amendment 64	a
Oregon	2012	Measure 80	d
Washington	2012	Initiative 502	a
California	2010	Proposition 19	d
Nevada	2006	Question 7	d
Alaska	2004	Measure 2	d
Nevada	2002	Question 9	d
California	1972	Proposition 19	d

Recent news

The link below is to the most recent stories in a Google news search for the terms Florida medical marijuana Initiative. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Florida Medical Marijuana Legalization, Amendment 2 (2016) - Google News

State profile

Demographic data for Florida
	Florida	U.S.
Total population:	20,244,914	316,515,021
Land area (sq mi):	53,625	3,531,905
Race and ethnicity**
White:	76%	73.6%
Black/African American:	16.1%	12.6%
Asian:	2.6%	5.1%
Native American:	0.3%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	2.4%	3%
Hispanic/Latino:	23.7%	17.1%
Education
High school graduation rate:	86.9%	86.7%
College graduation rate:	27.3%	29.8%
Income
Median household income:	$47,507	$53,889
Persons below poverty level:	19.8%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Florida

Florida voted Republican in four out of the six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.

More Florida coverage on Ballotpedia

• Elections in Florida
• United States congressional delegations from Florida
• Public policy in Florida
• Influencers in Florida
• Florida fact checks
• More...

See also

Suggest a link

• 2016 ballot measures
• Laws governing the initiative process in Florida
• Florida 2016 ballot measures
• List of Florida ballot measures
• Medical marijuana

Additional reading

• Miami Herald, "Medical marijuana supporters unveil new proposal for 2016," January 8, 2015
• Sunshine State News, "Medical Marijuana in Florida by the End of 2016 -- We're Not Stopping!" November 26, 2014

External links

• Proposed Constitutional Amendments to be voted on November 8, 2016 (Voter Guide)

Support

• Yes on 2 - United for Care
• Yes on 2 - United for Care Facebook
• Yes on 2 - United for Care Twitter

Opposition

• Vote No on 2
• Vote No on 2 Twitter