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Florida Medical Marijuana Plants Initiative (2022)

Florida Medical Marijuana Plants Initiative
Election date
November 8, 2022
Topic
Marijuana
Status
Gathering signatures
Type
Constitutional amendment
Origin
Citizens

The Florida Medical Marijuana Plants Initiative (Initiative #18-05) may appear on the ballot in Florida as an initiated constitutional amendment on November 8, 2022. [1]

Contents

  • 1 Measure design
  • 2 Text of measure
    • 2.1 Ballot title
    • 2.2 Ballot summary
    • 2.3 Constitutional changes
  • 3 Sponsors
  • 4 Path to the ballot
    • 4.1 The state process
    • 4.2 Details about the initiative
  • 5 See also
  • 6 External links
  • 7 Footnotes

Measure design

The measure would amend Amendment 2 (2016), which legalized medical marijuana in Florida, to redefine “medical use” under the measure to include growing up to nine marijuana plants. The measure would also add a definition for “marijuana plant.” [1]

Text of measure

Ballot title

The proposed title is as follows: [2]

Marijuana Plants for Medical Marijuana Patients [3]

Ballot summary

The proposed ballot summary is as follows: [2]

Allows qualifying medical marijuana patients or their caregivers to grow marijuana plants for medical use. Redefines medical use of marijuana to include growing up to nine mature flowering marijuana plants, and possessing the harvest therefrom. Includes the definition of a marijuana plant. Applies only to Florida law, and does not immunize violations of federal law. [3]

Constitutional changes

The measure would amend Section 29(b) of Article X of the Florida Constitution. The following underlined text would be added: [2]

ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

(6) “Medical use” means the acquisition, possession, use, growing up to nine mature flowering marijuana plants and possessing the harvest therefrom, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.

(11) “Marijuana plant” means a plant, including, but not limited to, a seedling or cutting. To determine if a piece or part of a marijuana plant severed from the marijuana plant is itself a marijuana plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. [3]

Sponsors

Peaceful Minds for Medical Marijuana is leading the campaign in support of the initiative. [2]

Path to the ballot

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 27 congressional districts. Signatures remain valid until February 1 of an even-numbered year. [4] Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” [5]

The requirements to get an initiative certified for the 2022 ballot:

  • Signatures: 891,589 valid signatures are required.
  • Deadline: The deadline for signature verification is February 1, 2022. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Ballotpedia: The Encyclopedia of American Politics ]]>