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Title:
Freedom to Use Medical Marijuana
For Specific Certified Medical Purposes
SUMMARY: Establishes a Right of individuals to
choose to obtain and use marijuana for specific Medical Purposes when certified as
Medically Appropriate by a licensed physician; protects physicians and third parties who
recommend or provide medical marijuana and allows Penalties for Fraudulent Certification
or Use.
Full Text of Proposed Amendment:
Additional Section is Inserted in Article I of the Florida Constitution. Freedom to Use
Medical Marijuana for Specific Certified Medical Purposes.
[A] Each Natural Person has
the Right to obtain and use marijuana for medical purposes when a licensed physician has
certified:
That use of marijuana is medically appropriate for
that Person in the professional judgement of the Physician, and
That the Persons Health may Benefit from use
of marijuana in the treatment of Cancer, HIV, AIDS, Anorexia, Glaucoma, Arthritis, Chronic
Pain, Spasticity, Migraine, or Other Specified Medical Condition or Illness.
[B] The legislature is authorized to enact measures
implementing Certification Procedures under this section. Notwithstanding this
provision, no legislation is required for this section to take legal effect.
[C] No physician may be subjected to criminal prosecution, professional disciplinary
regulation, or other legal sanction, based on his or her certification of marijuana use
under this section unless such a certification is fraudulent and the physician knows or
should have known of the fraud.
[D] No natural person may be subjected to criminal prosecution or other legal sanction
based on his or her cultivation, provision, transportation or sale of marijuana for, or
to, a person who has obtained marijuana for certified medical use under this section.
[E] If any portion of this section is held invalid for any reason, the remaining portions
of this section, to the fullest extent possible, shall be served from the void portion and
given the fullest possible force and application on the day after approval by the
electorate. |