Pubdate: Sat, 08 Nov 2014
Source: Ledger, The (Lakeland, FL)
Copyright: 2014 The Ledger
Contact:  http://www.theledger.com/
Details: http://www.mapinc.org/media/795

DEFEAT OF AMENDMENT 2: MARIJUANA DEBATE NOT OVER

Amendment 2, Florida's A-proposed medical A-marijuana measure, failed
on Election Day. And deservedly so.

The state constitutional change advocated by A-Orlando lawyer John
Morgan, and largely financed with $6.5 million out of Morgan's own
wallet, was fraught with more holes than a fish net.

Critics overcame the proposal's widespread, even at times
overwhelming, support by honing in on three little words: "or other
conditions."

That vague and subjective language appeared at the end of the list of
serious, and assuredly debilitating, diseases medical marijuana would
be utilized to treat. Morgan's foes, such as Polk County Sheriff Grady
Judd, made a credible case that such wording would fuel all kinds of
mischief, if not harm.

Moreover, Amendment 2 also was vastly more liberal and open-ended than
the laws that have established medical marijuana in 23 other states
and the District of Columbia.

For example, it failed to include age restrictions and limits on the
amount of pot a patient could obtain. Qualifications for caregivers
were nonexistent, as was the authorization for local governments to
restrict distribution sites through zoning decisions.

On election night, Sarah Bascom, spokeswoman for the Vote No on 2
campaign, said the critics' attack on those loopholes provided "both
sides of the story," revealing that the measure sought "nothing more
than de facto legalization of marijuana."

Tom Feeney, president and CEO of the Associated Industries of Florida,
the powerful Tallahassee-based business lobbying group, noted that
Amendment 2 "was bad for business and bad for Florida" because of its
"unknown complications."

"Florida businesses are better off today because of the amendment's
failure," the former House speaker said, "as it would have done more
harm than good on our current workers' compensation, drug testing,
workplace safety, disability, discrimination and health care laws."

Law enforcement officials, as led by Judd, also cheered. The Florida
Sheriffs Association and the Don't Let Florida Go to Pot Coalition
released a statement from Polk's top law enforcement official praising
voters for recognizing Amendment 2's flaws.

"We are confident that the voters of Florida have made the right
decision," Judd said in the association's statement. "The people of
Florida were too smart to buy into the weak language and huge
loopholes, which would have created de facto legalization of marijuana
and given our children legal access."

Polk voters shared their sheriff's sentiments. Locally, Amendment 2
received just 48 percent of the vote.

The problem for opponents, though, is that Amendment 2 "lost" with 58
percent support at the polls. Were it not for a 2006 constitutional
change that required all subsequent amendments to gain 60 percent
approval for adoption, medical marijuana would have passed a=C2=80" in
pretty much a landslide.

This debate is not going away, as Morgan himself recently vowed.
According to a recent Associated Press report, he declared that he
will revive the amendment in 2016.

If he does wage this fight again in Florida's next election, the
amendment's language needs a drastic overhaul. His opponents' concerns
are valid, and until those are addressed, voters should reject it again.

The AP report suggested that Morgan was open to that, and if so,
that's to his credit.

But state lawmakers must get out front on this issue, as they did by
passing regulations for the so-called non-intoxicating Charlotte's Web
strain of marijuana. And the sooner the better.

While they rightly concentrated on Amendment 2's numerous
shortcomings, opponents appeared to allow pot's effectiveness as a
medical treatment to take a back seat in the election, and that still
seems unresolved. A legitimate debate is to be had about that, and if
science can soundly fend off future attempts at quasi-legalization, so
be it.

Still, nearly half the country allows medical marijuana. And
recreational pot is gaining traction. Washington, D.C., Alaska and
Oregon on Tuesday joined Colorado and Washington state in
green-lighting individual pot usage.

"The trend is clear. The end of cannabis prohibition is imminent," the
Florida Cannabis Coalition predicted in a statement released Wednesday.

They seem to have the momentum. Judd, Feeney and the 42 percent of
Florida voters who backed them might not like it, but with just 24
more votes in each Florida precinct, medical pot proponents would have
soon been lighting up more than a victory cigar.
- ---
MAP posted-by: Matt