HJR 353

1	House Joint Resolution
2	A joint resolution proposing the creation of Section
3	28 of Article X and the creation of Section 32 of
4	Article XII of the State Constitution to allow the
5	medical use of cannabis by citizens, allow the
6	Legislature to implement these provisions by general
7	law, and provide an effective date.
8
9	Be It Resolved by the Legislature of the State of Florida:
10
11	That the following creation of Section 28 of Article X and
12	the creation of Section 32 of Article XII of the State
13	Constitution are agreed to and shall be submitted to the
14	electors of this state for approval or rejection at the next
15	general election or at an earlier special election specifically
16	authorized by law for that purpose:
17	ARTICLE X
18	MISCELLANEOUS
19	SECTION 28.  Medical use of cannabis.-
20	(a)  Except as otherwise provided in subsections (g), (h),
21	and (i), a patient or primary caregiver charged with a violation
22	of the state's criminal laws related to the patient's medical
23	use of cannabis has an affirmative defense to such allegation
24	if:
25	(1)  The patient was previously diagnosed by a physician as
26	having a debilitating medical condition;
27	(2)  The patient was advised by his or her physician, in
28	the context of a bona fide physician-patient relationship, that
29	the patient might benefit from the medical use of cannabis in
30	connection with a debilitating medical condition; and
31	(3)  The patient and his or her primary caregiver were
32	collectively in possession of amounts of cannabis only as
33	permitted under this section.
34
35	This affirmative defense does not exclude the assertion of any
36	other defense by a patient or primary caregiver who is charged
37	with a violation of state law related to the patient's medical
38	use of cannabis.
39	(b)  It is not a violation of the state's criminal laws for
40	a patient or primary caregiver to engage or assist in the
41	medical use of cannabis pursuant to this section, except as
42	otherwise provided in subsections (g) and (i).
43	(c)  It is not a violation of the state's criminal laws for
44	a physician to:
45	(1)  Advise a patient whom the physician has diagnosed as
46	having a debilitating medical condition about the risks and
47	benefits of the medical use of cannabis or that the patient
48	might benefit from the medical use of cannabis, if such advice
49	is based on the physician's contemporaneous assessment of the
50	patient's medical history and current medical condition and a
51	bona fide physician-patient relationship; or
52	(2)  Provide a patient with written documentation, based on
53	the physician's contemporaneous assessment of the patient's
54	medical history and current medical condition and a bona fide
55	physician-patient relationship, stating that the patient has a
56	debilitating medical condition and might benefit from the
57	medical use of cannabis.
58
59	A physician may not be denied any rights or privileges for
60	engaging in acts authorized by this subsection.
61	(d)  Notwithstanding subsection (a), subsection (b), or
62	subsection (c), a person, including a patient or primary
63	caregiver, is not entitled to the protection of this section for
64	his or her acquisition, possession, manufacture, production,
65	use, sale, distribution, dispensing, or transportation of
66	cannabis for any use other than medical use.
67	(e)  A property interest that is possessed, owned, or used
68	in connection with the medical use of cannabis or acts
69	incidental to such use may not be harmed, neglected, injured, or
70	destroyed while in the possession of state or local law
71	enforcement officials who seized the property in connection with
72	the claimed medical use of cannabis. Such property interest may
73	not be forfeited under any provision of state law providing for
74	the forfeiture of property other than as a sentence imposed
75	after conviction of a criminal offense or entry of a plea of
76	guilty to such offense. Cannabis and paraphernalia seized by
77	state or local law enforcement officials from a patient or
78	primary caregiver in connection with the claimed medical use of
79	cannabis shall be returned immediately upon the determination of
80	the state attorney or his or her designee that the patient or
81	primary caregiver is entitled to the protection contained in
82	this section, including, but not limited to, by a decision not
83	to prosecute, the dismissal of charges, or acquittal.
84	(f)(1)  A patient may engage in the medical use of cannabis
85	with no more cannabis than is medically necessary to address a
86	debilitating medical condition. The legislature may, by general
87	law, establish a maximum amount of cannabis or cannabis plants,
88	possession or use of which, or any lesser amount, is presumed to
89	be medically necessary.
90	(2)  For quantities of cannabis in excess of an amount
91	legislatively presumed to be medically necessary, a patient or
92	his or her primary caregiver may raise as an affirmative defense
93	to charges of violation of state law that such greater amounts
94	were medically necessary to address the patient's debilitating
95	medical condition.
96	(g)  A patient may not:
97	(1)  Engage in the medical use of cannabis in a way that
98	endangers the health or well-being of any person; or
99	(2)  Engage in the medical use of cannabis in plain view
100	of, or in a place open to, the general public.
101	(h)  Notwithstanding paragraph (a)(1), a patient under
102	eighteen years of age may not engage in the medical use of
103	cannabis unless:
104	(1)  Two physicians have diagnosed the patient as having a
105	debilitating medical condition;
106	(2)  One of the physicians referred to in paragraph (1) has
107	explained the possible risks and benefits of medical use of
108	cannabis to the patient and each of the patient's parents
109	residing in this state;
110	(3)  Each of the patient's parents residing in this state
111	consents in writing to permit the patient to engage in the
112	medical use of cannabis;
113	(4)  A parent residing in this state consents in writing to
114	serve as the patient's primary caregiver;
115	(5)  The patient and primary caregiver collectively possess
116	amounts of cannabis no greater than an amount authorized under
117	subsection (d); and
118	(6)  The primary caregiver controls the acquisition of such
119	cannabis and the dosage and frequency of its use by the patient.
120	(i)  No later than May 30, 2013, the legislature shall
121	define such terms and enact such legislation as may be necessary
122	for implementation of this section, as well as determine and
123	enact criminal penalties for fraudulent representation of a
124	medical condition by a patient to a physician or state or local
125	law enforcement official for the purpose of avoiding arrest and
126	prosecution.
127	(j)(1)  A health insurance provider may not be required to
128	be liable for any claim for reimbursement for the medical use of
129	cannabis.
130	(2)  This section does not require any employer to
131	accommodate the medical use of cannabis in any work place.
132	(3)  A person may not be denied custody of or visitation
133	with a minor for acting in accordance with this section and
134	legislation implementing this section unless the person's
135	behavior creates an unreasonable danger to the minor that can be
136	clearly articulated and shown by substantial competent evidence.
137	(4)  A person may not denied any right or privilege and is
138	not subject to arrest, prosecution, or penalty in any manner,
139	including, but not limited to, a civil penalty or disciplinary
140	action by a business, occupational, or professional licensing
141	board, for providing a qualifying patient or primary caregiver
142	of such a patient with cannabis or cannabis paraphernalia or for
143	any other act done in accordance with this section or
144	legislation implementing this section.
145	ARTICLE XII
146	SCHEDULE
147	SECTION 32.  Medical use of cannabis.-Section 28 of Article
148	X providing for medical use of cannabis and this section shall
149	take effect July 1, 2013.
150	BE IT FURTHER RESOLVED that the following statement be
151	placed on the ballot:
152	CONSTITUTIONAL AMENDMENT
153	ARTICLE X, SECTION 28
154	ARTICLE XII, SECTION 32
155	MEDICAL USE OF CANNABIS.-Proposing an amendment to the
156	State Constitution to provide a patient or primary caregiver
157	charged with a violation of the state's criminal laws related to
158	the patient's medical use of cannabis, also known as marijuana,
159	with a defense to the charge if the patient has a debilitating
160	condition and the physician, in the context of a bona fide
161	physician-patient relationship, determines that the patient
162	might benefit from the medical use of cannabis. The amendment
163	provides that a physician may advise a patient with a
164	debilitating condition about the medical use of cannabis and
165	document the patient's need for this use. The amendment
166	specifies that it does not authorize any nonmedical use of
167	cannabis. The amendment provides that property seized as a
168	result of an arrest in connection with a claimed medical use of
169	cannabis may not be harmed unless the charge results in a
170	criminal conviction. The amendment provides that a patient may
171	engage in the medical use of cannabis with no more cannabis than
172	is medically necessary and that the Legislature may establish a
173	maximum amount of cannabis or cannabis plants, possession or use
174	of which, or any lesser amount, is presumed to be medically
175	necessary. The amendment provides that a patient may not engage
176	in the medical use of cannabis in a way that endangers the
177	health or well-being of any person or in plain view of, or in a
178	place open to, the general public. The amendment provides
179	additional restrictions on the medical use of cannabis by
180	persons under 18 years of age. The amendment requires that, by a
181	specified date, the Legislature must define such terms and enact
182	such legislation as may be necessary for implementation of the
183	amendment and enact criminal penalties for fraudulent
184	representation of a medical condition by a patient to a
185	physician or state or local law enforcement official for the
186	purpose of avoiding arrest and prosecution. The amendment
187	provides that a person may not be denied custody of or
188	visitation with a minor for acting in accordance with this
189	amendment unless the person's behavior creates an unreasonable
190	danger to the minor that can be clearly articulated and shown by
191	substantial competent evidence. The amendment provides that a
192	person may not be denied any right or privilege and is not
193	subject to arrest, prosecution, or penalty in any manner,
194	including, but not limited to, a civil penalty or disciplinary
195	action by a business, occupational, or professional licensing
196	board, for providing a qualifying patient or primary caregiver
197	of such a patient with cannabis or cannabis paraphernalia or for
198	any other act done in accordance with the amendment. The
199	amendment is scheduled to take effect July 1, 2013.

CODING: Words stricken are deletions; words underlined are additions.