FOLLOW US

The passage of Amendment 2 last November brought the discussion to the forefront of political discourse in the Sunshine State. The matter touches virtually every other topic in our Republican-controlled state legislature, from the budget to tax revenue - to business taxes, constitutional theory and traditional values.

The conservative legislature has been badgered by the medical marijuana issue consistently for the last several years, but it was potential gubernatorial candidate John Morgan, of Morgan & Morgan, who changed the game by championing the constitutional amendment and pushing it across the finish line.

The unexpected turn-of-events in an unprecedented election full of surprises last year made everyone really start thinking about Florida becoming the next California.

So, what exactly did Amendment 2 do?

The intent was to expand treatment options for those who might be alleviated in their ailments by the effects of cannabis sativa. It did so by changing the definition of “debilitating medical condition” and making it more broad, allowing physicians to prescribe marijuana if the medical uses “outweigh the potential health risks for a patient.” New conditions eligible for marijuana treatment would include cancer, epilepsy, glaucoma, HIV, AIDS, Crohn’s Disease, PTSD, Parkinson’s, ALS, multiple sclerosis, and potentially others.

It is the very last part of that language, ascribing the determination to physicians over whether or not marijuana is an appropriate treatment for any given patient, which is being targeted by opponents of the issue. The state Department of Health’s proposal, popular amongst conservative republicans in the state legislature, suggests that the Florida Board of Medicine should compile a simple list of condition for which marijuana could be used as treatment, therefore complying with the amendment’s language. Advocates for Amendment 2 suggest that such a measure would betray the spirit of the Amendment, which clearly describes an environment where individual physicians make the decision for their patients.

In all fairness to the Florida Legislature, acting on the amendment is not the first time they've tackled the issue.

In 2014, legislators passed a measure to offer medical cannabis with greatly reduced levels of tetrahydrocannabinol (THC) to some patients - the molecule which enables the high. While unable grant the person a feeling of euphoria, the special cannabis would retain its beneficial effects to dangerous symptoms such as seizures. Then, in 2016, the legislature passed additional language to allow terminally-ill patients to use any kind of cannabis, regardless of THC levels.