1) Amendment #2 did not pass, how can it still be legal?
A. Amendment #2 was a state law that would set our state up similar to Colorado. The Current Medical Necessity Doctrine is set up similar to California. Although Florida is not technically listed as a medical marijuana state, there are statutes and case law in place protecting medical user of cannabis. Through work with Health Law Services and CTI Florida, patients are able to acquire the necessary medical recommendation to use cannabis for their physical ailments
2) Qualifications to use the absolute defense of Medical Necessity
1. You did not cause the illness or injury which is making medical marijuana necessary
2. There is no other less harmful alternatives as far as medication. Most medications for debilitating illness can cause death. Marijuana has never cause any deaths so by default, marijuana is a safer alternative.
3. The evil sought to avoid (death through use of prescription medication) is not outweigh by the act (use of cannabis) to avoid it
You must meet these three guidelines to qualify for the absolute defense of medical necessity.
3) I was told that this is a just a medical defense & you can still get arrested & prosecuted.
A. This is why we recommend using our cannabinoid therapist ( CTI Florida) who has partnered with a cannabinoid lawyer ( Health Law Services) who specializes in medical necessity. They have been working to educate state official as well as the public to help them better understand how medical marijuana is legal in the state of Florida & has been since 1988. For further information please contact health law services or you can listen to a recorded conference about medical necessity made earlier in 2014. After listening to this recording, then watch the debate between former Florida Supreme Court Justice Kenneth Bell and attorney John Morgan on the topic of Amendment 2 from September 2014. Specifically of important is at 42:35 minutes into the debate. Where Our Supreme Court Justice states that “We don’t even need the amendment… 893.136(a) defines, puts into law, case laws, the medical necessity that a physician can prescribe medical marijuana and you can actually grow it as the individual and by rule the physician is immune from liability for that. there is no need for this amendment if you want to get marijuana if this passes the individual will not be able to grow their own marijuana…”3)
Until Florida finally passes an all encompassing amendent or legislation for medical marijuana, there is an alternative for those who are suffering from devistating conditions where the use of deadly prescription medications is simply not acceptable.
You have an absolute right to your health and if using a plant will help remedy your problem, it is criminal to take it away from you and force you to take deadly drugs.
We will continue to fight for your rights and provide you the services you need to become healthy. It is your right to live and be healthy and happy protected by the constitution of the United States.