Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions

181 So. 3d 471, 2015 WL 9258263
CourtSupreme Court of Florida
DecidedDecember 17, 2015
DocketNos. SC15-1796, SC15-2002
StatusPublished
Cited by18 cases

This text of 181 So. 3d 471 (Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions, 181 So. 3d 471, 2015 WL 9258263 (Fla. 2015).

Opinion

PER CURIAM.

The Attorney General of Florida has requested this Court’s opinion as to the validity of an initiative petition submitted by an organization called People United for Medical Marijuana circulated pursuant to article XI, section 8, of the Florida Constitution, and the corresponding Financial. Impact Statement. We have jurisdiction. See art, IV, § 10, art. V, § 3(b)(10), Fla. Const. For the reasons that follow, we conclude that the .proposed amendment embraces a single subject and therefore complies with article XI, section 3. We-also conclude that the ballot title and summary comply with section 101.161(1), Florida Statutes (2015). Finally, we conclude that the accompanying Financial Impact Statement is in compliance with section 100.371(5), Florida Statutes (2015). We therefore approve the proposed amendment and Financial Impact Statement for placement on the ballot.

BACKGROUND

On October 20, 2015, the Attorney General of Florida petitioned this Court for an opinion as to the validity of an initiative petition sponsored by People United for Medical Marijuana and circulated pursuant to article XI, section 3.of the Florida Constitution. The sponsor submitted a brief supporting the. validity of the initiative petition. .

The proposed amendment would create a new section 29 to article X of the Florida Constitution, and states:

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:
(!)• “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 conditions of the same Mnd or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana [474]*474would 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(l)(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 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 or marijuana.
[475]*475(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.

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273 So. 3d 170 (District Court of Appeal of Florida, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
181 So. 3d 471, 2015 WL 9258263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-to-the-attorney-general-re-use-of-marijuana-for-fla-2015.