Should Amendment 2 pass with 60 percent of the vote on Tuesday, The Florida Department of Health (DOH) and likely the legislature in Tallahassee will have to iron out how marijuana will be grown, transported and sold. Local municipalities and leaders will then have to fine tune any road map handed down from Tallahassee, but some details about how some of that would work is in the amendment’s language already.
Q. Who will have access?
A. A doctor will have to sign off on any resident’s access to medical marijuana. The amendment states the DOH will issue a special card to patients who qualify, which would let police know that the person possessing it is in compliance. The amendment states that those with “debilitating medical conditions” meaning, “cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”
Q. When can I start buying medical marijuana?
A. The amendment states Jan. 6, but it appears Florida lawmakers, the DOH and local governments will likely not be ready by that time. The DOH has six months to make regulations and is supposed to begin issuing ID cards in nine months. Key West council members will vote at their Nov. 5 meeting on whether to implement a six-month moratorium on accepting any new business applications seeking to open a medical marijuana clinic so they can hammer out zoning and other ordinances.
Q. How much medical marijuana can I legally possess?
A. No one knows yet. That’s one of the questions the DOH or the legislature will have to answer after Tuesday. The amendment language states what is “reasonably presumed to be an adequate supply.” Edibles, oils and smokeable plant products will be allowed under the amendment.
Q. Can I grow it at home or elsewhere on my property?
A. The short answer is no. That would remain illegal as it is currently, but the legislature could change that. The DOH is expected to iron out who will be eligible to grow medical marijuana and under what conditions. Experts watching the issue expect the state will issue specific identification cards to growers. How those farms and production areas will be monitored has yet to be officially sorted out.
Q. Where can I buy it?
A. At specially licensed stores that the amendment states will be called “Medical Treatment Centers.” Where those stores will be located will likely fall on the DOH and then on local governments as per local zoning ordinances. How many stores will be allowed in a given area will also likely fall on local governments.
Q.Is there an age restriction?
A. Only those 21-years-old and older will be allowed to buy and handle medical marijuana on behalf of up to, but not more than, five patients. Caregivers will be issued a special identification card issued by the DOH. Experts expect patients under 21 will likely have to have parental consent as is common in other states with medical marijuana.
Q. How would the prescription process with my doctor work?
A. Technically, it would not be prescribed in the legal sense. It will be more like buying over-the-counter medication, but one that requires “physician certification,” as marijuana is not a FDA-approved drug. The amendment states: “‘Physician certification’ means a written document signed by a physician, stating that in the physician’s professional opinion, the patient suffers from a debilitating medical condition, that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination of the patient and a full assessment of the patient’s medical history.”
Q. What about insurance?
A. That will likely be up to the patient and their insurance provider. Medicare likely won’t cover its use as the amendment states: “Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana.”
Q.Can my boss ban medical marijuana use at work?
A. Yes. The amendment states: “Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of education or employment, or of smoking medical marijuana in any public place.”
Q. Can I get a DUI while on medical marijuana?
A. Yes. That would remain the same as it is now with prescribed drugs and alcohol.
Source: Florida Division of Elections
Q&A: A guide to medical marijuana in Florida
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