Pubdate: Thu, 30 Oct 2014
Source: Bradenton Herald (FL)
Copyright: 2014 Bradenton Herald
Contact: http://www.bradenton.com/submit-letter/
Website: http://www.bradenton.com/
Details: http://www.mapinc.org/media/58
Author: Mary Everts

TROUBLING UNINTENDED CONSEQUENCES OF MEDICAL POT AMENDMENT

Kudos to the Bradenton Herald for recommending voting "no" on 
Amendment 2 due to "loose language," noting that "the ballot language 
contains worrisome provisions that open the door to abuse." However, 
subsequent published articles and letters seem to challenge that 
assertion and are misleading.

Everyone wants to be compassionate. That's not the problem.

I don't think most people understand the difference between 
legislation and a constitutional amendment. The fact is, if approved 
by 60 percent of the Florida voters, Amendment 2 becomes part of the 
Florida Constitution, meaning it trumps all lower laws. Neither the 
Legislature nor the Department of Health can limit, restrict, 
contradict or change the language of the amendment or its legal impact.

It's way too late to say that the drafters of this amendment didn't 
mean what they said or that they expect the DOH or the Legislature to 
correct any problems. The DOH especially, as a state agency, is 
limited in what it can do: the department can't go beyond the 
authority expressly delegated to it by law.

For example, while Amendment 2 authorizes the DOH to adopt rules for 
the "procedures" caregivers use; it does not give the department 
authority to add "qualifications" or "restrictions" on caregivers. 
That's what the Joint Administrative Procedures Committee (the 
watchdog of state agencies) criticized about the Charlotte's Web 
rules and it would happen here, too.

So a "caregiver" can be you, me, a convicted drug dealer, essentially 
anyone over the age of 21 since that's the only criteria in Amendment 
2. I find this unacceptable.

Let's do some real thinking about unintended consequences on this. 
And I suggest that everyone read the entire Amendment 2, not just the 
ballot language. It's your Constitution after all.

Mary Everts

Bradenton
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MAP posted-by: Jay Bergstrom