PANAMA CITY — A group of former Florida Supreme Court justices has emerged as opponents of a proposed state constitutional amendment to legalize medical marijuana — not for social reasons, but legal ones.
Former Justice Ken Bell described the amendment, which is on November’s general election ballot, as too broad and vague for the Florida Constitution and said the process ultimately excludes legislative oversight.
“I just think it’s wrongheaded to put something like this in our constitution,” Bell said during a meeting with The News Herald editorial board Thursday. “The constitution is supposed to define the structure of our government, how it works and protect our fundamental rights, and then leave the rest of it to our representatives in government to pass legislation and make the policy decisions.”
Bell cited the recent Compassionate Medical Cannabis Act, which became law earlier this year, as legislation that provides a more narrow scope in terms of who qualifies for medical marijuana and how patients can access it. The legislation legalizes the noneuphoric “Charlotte’s Web” strain of marijuana.
He said the proposed amendment’s ballot summary is misleading and designed to tug at the heartstrings.
While the summary text says the amendment would allow use of medical marijuana for individuals with “debilitating diseases determined by a licensed Florida physician,” further text also contains a clause for “other conditions.”
“My concern is that when the voter goes into a booth and reads that, it’s going to rightly tug at their heart strings,” Bell said. “I think that it’s flying under false colors.”
Bell said that he and the group of former justices are not necessarily against the idea of legalizing medical marijuana, but the process and format in which the issue has come forth.
The majority of states that have legalized marijuana, he said, have done so statutorily, allowing the state legislatures to go back and tweak the law if needed. If Florida’s medical marijuana amendment were to pass, it could only be changed by another amendment to the state constitution.
“The group is speaking to this amendment as it’s written,” Bell said. “For all of us, it’s a sense of loyalty and respect and love for our constitution and our form of government.”
The citizen-initiated amendment was placed on the Nov. 4 ballot after receiving a majority opinion from the current Florida Supreme Court. The amendment requires 60 percent of voters’ approval to become law.
If the amendment were to pass, the Florida Department of Health would be tasked with issuing further rules, patient and caregiver identification cards, and regulating distribution.