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While medical marijuana was already a legal treatment for terminally ill patients in Florida, Amendment 2 authorized marijuana for a much broader swath of patients. More than 70 percent of voters supported the amendment, after a similar proposal narrowly failed to capture the requisite 60 percent approval two years earlier. But applying current regulations to Amendment 2 — which includes specific requirements for how the amendment should be implemented — is wrong, Pollara insisted. Of special concern to the amendment’s authors, the proposed rule would give authority to the Florida Board of Medicine — and not individual doctors — to decide which patients qualify for the marijuana treatment. The amendment allows doctors to order medical marijuana as a treatment for patients with cancer, epilepsy, glaucoma, HIV, AIDS, post-traumatic stress disorder, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease or multiple sclerosis. The ballot language gives doctors the power to order marijuana for “other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.” In contrast, the proposed rule would limit the unspecified conditions to those “determined by the Florida Board of Medicine,” something Pollara called the regulation’s “single most problematic” component. “This is not one of those things that is up for interpretation by a court or anyone else,” Pollara said. Among other issues, the proposed rule would maintain the state’s current cap on marijuana vendors, limited now to seven licensed “dispensing organizations,” to treat an estimated 500,000 patients who would be eligible under Amendment 2. While the proposed language may be amenable to the handful of operators already doing business in the state, the plan is anathema to those hoping to gain entree into Florida under Amendment 2’s expansion of the industry. “It looks like the Department of Health is protecting the existing monopolies. I hope the Legislature chooses to act in creating a free market system.
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