Last year, lawmakers in the GOP-controlled Florida Legislature passed a law to allow low-potency strains of Marijuana helpful to a very limited group of patients. But many people argued it was inadequate and took the fight to voters with a constitutional amendment that would have widely expanded the drug's availability to the sick. It got about 58% of the vote in November, but needed 60% to pass under Florida law.
Though it was a rare defeat during a wave of efforts across the US to legalize Marijuana for both Medical and Recreational use, it sent a powerful message to legislators in Tallahassee. Amendment 2 garnered more support than any statewide candidate and served as the impetus for the introduction of Medical Marijuana bills for the legislative session, which begins on 3 March.
Sen. Brandes opposed the ballot measure, but is now sponsoring a Medical Marijuana bill. Two House Republicans have also filed a companion bill. Sen. Brandes believes the legislative process better affords the opportunity to debate and amend the proposal. His bill was hailed by United for Care, the group that lobbied for a comprehensive Medical Marijuana law and put the issue on ballots last year.
Sen. Brandes' bill has earned the opposition of the Florida Sheriffs Association, an influential lobby that also opposed Amendment 2.
"There's a lot of things in that bill that resemble the problems with the constitutional amendment," said Pinellas County Sheriff Bob Gualtieri, the legislative chair of the Sheriffs association. "There's a lot of loose language in it that would allow probably de facto recreational use."
The Sheriffs want more restrictive language in the bill and said medicine should not be smoked.
In other states, Medical Marijuana dispensaries have found high numbers of patients opt against smoking, instead using capsules, lozenges, drinks, foods, lotions, face masks and all sorts of other products.
Ben Pollara, executive director of United for Care, said lawmakers should not be "dictating the best way for the patient to take their medication."
Though 23 states have passed comprehensive Medical Marijuana laws, none are in the South.
Some southern states have measures such as the law passed in Florida last year, legalizing the drug for small populations or for medical research. Medical Marijuana bills are also under consideration in Georgia, Kentucky, Mississippi, North Carolina and South Carolina, according to the Marijuana Policy Project.
Another sticking point in Florida is just who exactly would be allowed to use Medical Marijuana.
Both the Senate and the House proposals would permit people with certain conditions to use it, including AIDS, epilepsy, Lou Gehrig's disease and multiple sclerosis. But the House version would not allow it for people with chronic pain, nausea or seizures or other debilitating illnesses that are not included on the list.
People do not believe that it is up to the Legislature to be able to pick and choose who gets to suffer and who does not. It has to be left up to the physician who he gets or she gets to prescribe a medication to that.
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