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Florida Senate President Don Gaetz, R-Niceville, and House Speaker Will Weatherford, R-Wesley Chapel, Friday filed briefs with the Florida Supreme Court to block a proposed medical marijuana initiative from the 2014 ballot. The two agree with Attorney General Pam Bondi, who last month filed an advisory opinion with the court stating that the proposed ballot language would mislead voters about its scope in permitting the use of cannabis.
On Friday Bondi also filed a brief in support of her earlier request. Lawyers for Gaetz and Weatherford charge that the constitutional amendment's writer engaged in "trademark characteristics" of "wordsmithing" -- advantageous but misleading use of language -- with the terms "certain" and "debilitating diseases." They argued that the amendment's ballot title and summary violates Florida's ballot-placement laws in at least three ways:
The summary refers to "debilitating diseases" but the amendment provides a physician an open-ended authorization that applies whether or not the particular condition is debilitating. The brief argues that for a physician who considers marijuana's health risks insignificant "there is literally no "condition" beyond the proposed amendment's reach,
The summary uses the term "caregiver" without informing that the amendment's definition of a "caregiver" is anyone over the age of 21 assisting a patient -- which is inconsistent with its common meaning,
The ballot summary leaves the impression that people will be able to use marijuana lawfully when federal law criminalizes the possession, manufacture and distribution of marijuana.
The brief also argues that the ballot summary is silent regarding the proposed amendment's usurpation of the right of an injured patient to seek redress in a court of law. The amendment would provide immunity to a physician who certifies a patient to use marijuana from "criminal or civil liability and sanctions under Florida law."
People United for Medical Marijuana has collected about 200,000 signatures of the nearly 700,000 signatures needed to qualify for space on the ballot. Supporters have until Feb. 1 to submit petitions to the Secretary of State. The Florida Supreme Court is required to review all proposed amendments before they are placed on a ballot. It is expected to hear oral arguments on Bondi's challenge to the initiative Dec. 5.
News Hawk - The General @ 420 MAGAZINE ®
Source: Thefloridacurrent.com
Author: James Call
Contact: About Us | The Florida Current
Website: Bondi, Gaetz, Weatherford go to court to block marijuana initiative | The Florida Current
On Friday Bondi also filed a brief in support of her earlier request. Lawyers for Gaetz and Weatherford charge that the constitutional amendment's writer engaged in "trademark characteristics" of "wordsmithing" -- advantageous but misleading use of language -- with the terms "certain" and "debilitating diseases." They argued that the amendment's ballot title and summary violates Florida's ballot-placement laws in at least three ways:
The summary refers to "debilitating diseases" but the amendment provides a physician an open-ended authorization that applies whether or not the particular condition is debilitating. The brief argues that for a physician who considers marijuana's health risks insignificant "there is literally no "condition" beyond the proposed amendment's reach,
The summary uses the term "caregiver" without informing that the amendment's definition of a "caregiver" is anyone over the age of 21 assisting a patient -- which is inconsistent with its common meaning,
The ballot summary leaves the impression that people will be able to use marijuana lawfully when federal law criminalizes the possession, manufacture and distribution of marijuana.
The brief also argues that the ballot summary is silent regarding the proposed amendment's usurpation of the right of an injured patient to seek redress in a court of law. The amendment would provide immunity to a physician who certifies a patient to use marijuana from "criminal or civil liability and sanctions under Florida law."
People United for Medical Marijuana has collected about 200,000 signatures of the nearly 700,000 signatures needed to qualify for space on the ballot. Supporters have until Feb. 1 to submit petitions to the Secretary of State. The Florida Supreme Court is required to review all proposed amendments before they are placed on a ballot. It is expected to hear oral arguments on Bondi's challenge to the initiative Dec. 5.
News Hawk - The General @ 420 MAGAZINE ®
Source: Thefloridacurrent.com
Author: James Call
Contact: About Us | The Florida Current
Website: Bondi, Gaetz, Weatherford go to court to block marijuana initiative | The Florida Current
