Florida Poised to Become First Southern State to Legalize Medical Marijuana

An amendment that could legalize medical marijuana in the state of Florida will be on the state’s ballot this November.

Not only could Florida become the first Southern state to fully legalize medical marijuana, but the proposed changes to the law come in the form of an amendment to the state’s constitution, which would also make Florida one of the only states in the US to have an amendment for the drug.

Currently, polls report that support for medical marijuana in the state is waffling – around 57% of voters surveyed report that they would support Amendment 2. In order to pass, at least 60% of voters need to support the amendment.

A recent study published in the Journal of the American Medical Association suggested that medical marijuana reduced deaths from overdoses of prescription painkillers, which is a rising problem in the US. However, other studies suggest that medical marijuana can also be abused, and states that have legalized the drug have seen an increase in intoxicated drivers, who do not know that it is illegal to drive while high on marijuana.

Florida’s Supreme Court seems to be as divided as the state on how to handle medical marijuana legislation. In January, the court argued on how to word Amendment 2, and focused on medical studies of medical marijuana, to try and stop recreational use.

Some states, including South Carolina, have passed legislation allowing for very limited forms of medical marijuana, which often consist of the isolated chemical CBD, or cannabidiol. CBD is different than THC, which is the chemical in marijuana that can create a sense of euphoria or “high.”

“The Legislature has already legalized a strain of low-THC marijuana for medical use that is not smoked. Any expansion of marijuana use should reflect further development in medical knowledge and have a carefully limited scope, which Amendment 2 does not do,” said former Justice Kenneth B. Bell in a paid advertisement sponsored by the group fighting Amendment 2.

The language Florida voters will see in Amendment 2 uses the words “debilitating diseases as determined by a licensed Florida physician,” but in the full text of the amendment, which isn’t visible on the ballot, a debilitating condition is also defined as one “for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks.” Most states with medical marijuana laws strictly define which diseases the drug may treat.

Kristen Burns, a member of UF’s National Organization for the Reform of Marijuana Laws, said she believes stigma from past representations of marijuana use haunt the potential legislation of medical marijuana. “I think that among the older generation, there is still a mindset of reefer madness … I think it should be your right to choose what substances you put in your body.”
Gainesville resident Rolena Howle said she thinks people will abuse the system if it is legalized. “I agree there are people who have medical issues that probably could be helped with the use of it, and my heart goes out to them,” she said. “But still, the risk is greater for the rest of the public than it is for that individual.”

If You Face Marijuana Charges, Including for Medical Marijuana Use Charges, The Strom Law Firm Can Help

Although many states have passed medical marijuana legislation, South Carolina still has not legalized the use of marijuana for recreational or medical reasons. You could be charged with drug possession.  If you or a loved one have been found with medical marijuana, you could face criminal charges ranging from misdemeanor to felony, depending on how much marijuana was on your person, and what your intent was with the drug. The drug crimes attorneys at the Strom Law Firm can help. Do not let drug charges for medical marijuana hurt your reputation or your future aspirations. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help. 803.252.4800