ATTACHMENT 1
Proposed Amendment to Article I of the Florida Constitution
Summary: Establishes a right of individuals to choose to obtain and use marijuana for specific medical purposes when certified as medically appropriate by a licensed physician; protects physicians and third parties who recommend or provide medicinal marijuana and allows penalties for fraudulent certification or use.
A) Each natural person has the right to obtain and use marijuana for medical purposes when a licensed physician has certified:
1) That use of marijuana is medically appropriate for the person in the professional judgment of that physician, and2) That the person's health may benefit from use of marijuana in the treatment of cancer, HIV, ADS, anorexia, glaucoma, arthritis, chronic pain, spasticity, migraine,or other specified medical condition or illness.
B) The legislature is authorized to enact measures implementing certification procedures under this section. Notwithstanding this provision, no legislation is required for this section to take legal effect.
C) No physician may be subjected to criminal prosecution, professional disciplinary regulation, or other sanction, based on his or her certification of marijuana use under this section, unless such certification is fraudulent and the physician knows or should have known of the fraud.
D) No natural person may be subjected to criminal prosecution or other legal sanction based on his or her cultivation, provision, transportation or sale of marijuana for, or to, a person who has obtained marijuana for certified medical use under this section.
E) If any portion of this section is held invalid for any reason, the remaining portions of this section, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application on the day after approval by the electorate.