Tuesday, September 16, 2014

Since The Day Has Already Gone To Pot...


This excellent editorial addresses one of the issues brought up in the previous thread.
In a column printed Wednesday in the Tampa Bay Times, seven former justices rehashed arguments that opponents previously lost in court: "Voters are led to believe that medical marijuana could only be used for 'debilitating diseases.' But the full text of the amendment allows the use of marijuana for virtually any medical condition at the discretion of any recommending physician, and no actual prescription is required." 
That argument failed and the court decided to "reject the opponents' construction of the proposed amendment" and said: "Rather than allow the open-ended, broad use of marijuana, these multiple restrictions in the text of the amendment itself reflect a constitutional scheme that is meant to be limited in scope regarding the medical use of marijuana to treat 'debilitating medical conditions.' " 
The court could not be clearer and they were right. If the Supreme Court had believed opponent's argument, the amendment would not be on the ballot. 
The former justices' column goes on to say: "Today the criminal and civil justice systems protect citizens from harmful acts and compensate victims and families in cases of medical malpractice and negligence. But under Amendment 2, those providing medical marijuana, including every 'certifying physician,' would be immune from basic enforcement and accountability that protect our safety." 
That statement again represents the opinion of the opponents that was rejected by the Florida Supreme Court: "As the proponent states, in order to enable physicians to consider medical marijuana and certify its use, it is necessary to prevent them from being punished for the limited act of recommending marijuana under the terms of the amendment. That is all the amendment does. … The amendment does not change liability for negligence, fraud or misconduct." 
Again, the court could not be clearer that the amendment does not change liability for wrongful actions. To say otherwise is misleading.
Read it all here.