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BALLOT TITLE: Use of Marijuana for Debilitating Medical Conditions <br />BALLOT SUMMARY: Allows medical use of marijuana for individuals with debilitating medical conditions <br />as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of <br />marijuana. The Department of Health shall register and regulate centers that produce and distribute <br />marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies <br />only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or <br />production of marijuana. <br />ARTICLE AND SECTION BEING CREATED OR AMENDED: Article X, Section 29 <br />FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT: <br />ARTICLE X, SECTION 29.— Medical marijuana production, possession and use. <br />(a) PUBLIC POLICY. <br />(1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is <br />not subject to criminal or civil liability or sanctions under Florida law. <br />(2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for <br />issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical <br />condition in compliance with this section. <br />(3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or <br />its agents or employees, and in compliance with this section and Department regulations, shall not be <br />subject to criminal or civil liability or sanctions under Florida law. <br />(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following <br />meanings: <br />(1) "Debilitating Medical Condition" means cancer, epilepsy, glaucoma, positive status for human <br />immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress <br />disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple <br />sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those <br />enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh <br />the potential health risks for a patient. <br />(2) "Department" means the Department of Health or its successor agency. <br />(3) "Identification card" means a document issued by the Department that identifies a qualifying patient <br />or a caregiver. <br />(4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in <br />addition, "Low -THC cannabis" as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be <br />included in the meaning of the term "marijuana." <br />(5) "Medical Marijuana Treatment Center" (MMTC) means an entity that acquires, cultivates, possesses, <br />processes (including development of related products such as food, tinctures, aerosols, oils, or <br />78 <br />