Why Florida does not need a Constitutional Amendment Legalizing Marijuana for Medical Use

Cathy and Robert Jordan were panel members at a pro-marijuana forum held in Manatee County, Florida. At this forum Robert Jordan handed out a letter from Ed Brodsky’s Office, the State Attorney, Twelfth Circuit of Florida dated April 2, 2013. The letter was to the Manatee County Sheriff’s Office about Robert P. Jordan who was arrested for manufacturing (cultivating) marijuana.

The letter, signed by Brian A. Iten, Division Chief, states:

In Florida, the doctrine of medical necessity provides an absolute defense to a cultivation of cannabis prosecution when the following are established:

1) That the defendant did not intentionally bring about the circumstances which precipitated the unlawful act;

2) That the defendant could not accomplish the same objective using a less offensive alternative available to the defendant; and

3) That the evil sought to be avoided was more heinous than the unlawful unlawful act perpetrated to avoid it.

Itan cites Jenks v. State, 582 So. 2nd 676 (Fla 1st DCA). The 1st District Court reversed the conviction of Defendants Kenneth L. Jenks  and Barbara J. Jenks, who were convicted in the Circuit Court, Bay County, Clinton Foster, J., of cultivating cannabis and possession of drug paraphernalia. The District Court of Appeal, Ervin, J., held that: (1) statute defining cannabis as Schedule I substance did not preclude defense of medical necessity, and (2) defendants established [a] medical necessity defense.

Sadly, Cathy Jordan suffers from Amyotrophic Lateral Sclerosis (ALS) commonly known as Lou Gehrig’s Disease. According to the Mayo Clinic website on treatment for ALS, “The drug riluzole (Rilutek) is the only medication approved by the Food and Drug Administration for ALS. The drug appears to slow the disease’s progression in some people, perhaps by reducing levels of a chemical messenger in the brain (glutamate) that’s often present in higher levels in people with ALS. Riluzole may cause side effects such as dizziness, gastrointestinal conditions and liver function changes.” According to the Mayo Clinic and the FDA there is a “less offensive alternative to using marijuana.”

Robert Jordan is using the “decline to prosecute” by State Attorney Brodsky to promote and support passage of constitutional Amendment 2, which will legalize marijuana.

Each case is unique and State Attorney Brodsky did his job as did the Manatee County Sheriff in determining the facts and circumstances surrounding the case of Robert P. Jordan.

QUESTION: What “medical necessity” is there to creating a constitutional amendment given the legal precedent in Florida for growing marijuana for certain purposes so long as certain criteria are met?

The Jacksonville Times-Union in an editorial titled “Amendment is not needed for medical marijuana” states, “If Floridians want a way to obtain medical marijuana safely and responsibly, they have one now. The Florida Legislature passed and Gov. Rick Scott signed a bill that will provide marijuana in a safe and effective form. Charlotte’s Web, a marijuana strain low in the compound THC that gets users high, has been shown to curb seizures in children with intractable epilepsy not controlled by traditional medication. Senate Bill 1030, introduced by Sen. Rob Bradley of Clay County and others, is designed to provide compassionate use of marijuana under regulated conditions.”

The obvious question, given that State Attorney Brodsky’s office declined to prosecute and passage of SB 1030, is: Why does Florida need to amend its constitution to legalize the use of marijuana in Florida? Watch the below video “The Devil is in the Details” to understand the the language of Amendment 2 is the most lenient in the United States and in fact legalizes marijuana, period.

Florida in fact has de facto marijuana for medical use laws and a court case protecting those who manufacture it for medical purposes. Governor Rick Scott, law enforcement, State Attorneys like Ed Brodsky and the Florida legislature know it. But do Floridians know it?

Jessica Spencer Ed.D., CAP, CPP, Statewide Coalition Director for NoOn2.org states, “We know that Amendment 2 is simply a guise to legalize pot smoking in Florida and our goal is to point out the loopholes in the proposed Amendment.” Watch this short eight minute video on Amendment 2:

We agree with the Jacksonville Times-Union editorial board that “[T]he constitutional amendment is the wrong solution for a legitimate medical need.”

Therefore we ask Florida voters to vote NO on Amendment 2.

RELATED ARTICLE: 10 things to know about draft medical marijuana regulations — Orlando Business Journal

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