Medical Marijuana Has Momentum in Florida

A Tampa Bay Business Journal survey found that 72 percent of respondents will vote in favor of legalizing medical marijuana. The survey is not the same as a poll and the Tampa Bay Business Journal makes that clear. The survey was done online. It should be noted that the TBBJ readership can hardly be described as bleeding heart liberals.

A Quinnipiac University poll, from November, found that 82 percent support medical marijuana. Unless Gov. Rick Scott and the Florida legislature find a way to stop the ballot amendment we are going to see medical marijuana become legal in Florida.

Medical marijuana will be on the ballot. Here is the ballot language and summary.

This proposed amendment is designed to create a new Article I, Section 28 (“Right to Marijuana for Treatment Purposes”) of the Florida constitution so as to permit the cultivation, purchase, possession and use of marijuana to treat Alzheimer’s, cachexia, cancer, chronic pain, chronic nervous system disorders, Crohn’s disease, epilepsy and other seizure disorders, glaucoma, HIV/AIDS, multiple sclerosis, Parkinson’s, diseases causing muscle spasticity, or other diseases and conditions when recommended by a physician.

Ballot language:

“SECTION 28. Right to Marijuana for Treatment Purposes. –

“(a) No person shall be deprived of life, liberty or property or otherwise penalized for the cultivation, purchase, use or possession of marijuana in connection with the treatment of Alzheimer’s, cachexia, cancer, chronic pain, chronic nervous system disorders, Crohn’s disease, epilepsy and other seizure disorders, glaucoma, HIV/AIDS, multiple sclerosis, Parkinson’s, diseases causing muscle spasticity, or other diseases and conditions when recommended by a physician.

“(b) This section shall be self-executing. The legislature, however, may provide by general law for the voluntary registration of persons intending to exercise their rights hereunder and for the regulation of the distribution and sale of marijuana to persons intending to exercise their rights hereunder.

“(c) Nothing herein, however, shall be construed so as to prevent the legislature from enacting laws penalizing the operation of motor vehicles, boats, watercraft or aircraft while under the influence of marijuana or regulating the use of marijuana by minors. Similarly, all laws in effect at the time of adoption of this section penalizing the operation of motor vehicles, boats, watercraft or aircraft while under the influence of marijuana or regulating the use of marijuana by minors shall remain in force.”

J.D. Alexander Challenges Scott on Sales of Planes

Florida Senate budget chief J.D. Alexander questioned Gov. Rick Scott on if he had the legal authority to sell two state planes. Judging by the way Alexander worded the letter, it it clear he thinks Scott overstepped his authority.

“In your response, please state specifically why this transaction did not violate Article VII, Section 1(c) of the Florida Constitution and Sections… [of] Florida Statutes,” Alexander wrote Tuesday.

Alexander is referring to this language in the Florida Constitution.

No money shall be drawn from the treasury except in pursuance of appropriation made by law.

That same language is in the United States Constitution.

The language doesn't clearly state that Scott isn't allowed to sell the planes. Alexander is using the constitutional argument that the legislature controls the purse strings. Money drawn or received from the sale of planes must be approved by the legislative branch.

Any lawyers out want to take a crack at this in the comments?