Constitutional Amendment Petition Form (Page 2 of 2) in pdf

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(9)

“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 medical use of marijuana would likely outweigh the potential 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 and a full assessment of the medical history of the patient. In order for a

physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing.

(10) “Qualifying patient” means a person who has been diagnosed to have a debilitating medical condition, who has a physician

certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9)

months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a

person to become a "qualifying patient" until the Department begins issuing identification cards.

(c)

LIMITATIONS.

(1)

Nothing in this section allows for a violation of any law other than for conduct in compliance with the provisions of this section.

(2)

Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana.

(3)

Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.

(4)

Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under the influence of marijuana.

(5)

Nothing in this section requires the violation of federal law or purports to give immunity under federal law.

(6)

Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or

detention facility or place of education or employment, or of smoking medical marijuana in any public place.

(7)

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.

(8)

Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice on the part of a qualified patient,

caregiver, physician, MMTC, or its agents or employees.

(d)

DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and

enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying

patients. It is the duty of the Department to promulgate regulations in a timely fashion.

(1)

Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations

shall be promulgated no later than six (6) months after the effective date of this section:

Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician

certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department must

receive written consent from the minor’s parent or legal guardian, in addition to the physician certification.

Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks,

and procedures for the issuance and annual renewal of caregiver identification cards.

Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and revocation of

registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety.

A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for

qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of

a particular qualifying patient’s appropriate medical use.

(2)

Identification cards and registrations. The Department shall begin issuing qualifying patient and caregiver identification cards, and

registering MMTCs no later than nine (9) months after the effective date of this section.

(3)

If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering MMTCs

within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the

Department’s constitutional duties.

(4)

The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall

be confidential and kept from public disclosure other than for valid medical or law enforcement purposes.

(e)

LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this section.

(f)

SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or

an application thereof, is adjudged invalid by a court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent

possible.

DATE OF SIGNATURE

SIGNATURE OF REGISTERED VOTER

Initiative petition sponsored by People United for Medical Marijuana, 20 North Orange Avenue, Suite 1600, Orlando, FL 32801.

If paid petitioner circulator is used:

RETURN TO:

People United for Medical Marijuana

Circulator’s name: ________________________________

Post Office Box 402527

Circulator’s address: ______________________________

Miami Beach, FL 33140

______________________________________________

15-01

For Official Use Only:

Serial Number: ____________

1/09/2015

Date Approved: ____________

Constitutional Amendment Petition Form Page 2

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