Government average case. Sometimes she would suffer from more than 300 seizures per week, or one every two hours. Figi knew she had to do something to help her daughter, and had heard of California parents’ success in treating their children using a low-THC (tetrahydrocannabinol), high-CBD (cannabidiol) strain of the marijuana plant. After getting the go-ahead from neurologists and pediatricians in the area, Figi started her daughter on the Realm of Caring’s unique, low-psychoactive formula. Eight months later, Charlotte’s seizures were reduced by 99 percent. After a documentary on CNN called Weed made Charlotte Figi into low-THC medical marijuana’s poster child, and Dr. Sanjay Gupta threw his support behind the strain, word of the plant’s medicinal applications spread quickly to places like South Florida, where Jacel Degadillo and Seth Hyman began lobbying for their children to receive a similar strain, now nicknamed Charlotte’s Web. The SB 1030 also authorized medical centers to conduct research on low-THC cannabis like Charlotte’s Web, ultimately making Florida the 22nd state to enact legislation legalizing some level of access to medical cannabis. Fast-forward to today, where Amendment 2 is making a comeback to the ballot on November 8. Should Amendment 2 pass this year, it will add a Section 29 to Article X of the Florida Constitution. Earlier this year, the Senate passed House Bill 307, a new measure that expanded the existing SB 1030 law, which allows patients with seizure disorders and cancers to have access to a non-euphoric strain of cannabis. With HB 207, terminally ill patients are also allowed to use full-strength medical marijuana in Florida. This new measure not only dramatically increases the potential number of patients, but would allow for three additional licenses to grow and distribute various strains of marijuana after the state has registered 250,000 patients. Under the 2014 law, only one grower in each of the five regions of Florida could grow, distribute and sell cannabis. Amendment 2 was designed to require that the Florida Department of Health regulate medical marijuana production and distribution centers and issue identification cards for patients and caregivers. Specifically, Amendment 2 would guarantee: That medical use of marijuana by a qualifying patient or personal caregiver would not be subject to criminal or civil liability or sanctions under state law. That a licensed physician would not be subject to criminal or civil liability or sanctions for issuing medical marijuana to a person diagnosed with a “debilitating medical condition” under state law. That registered medical marijuana treatment centers would not be subject to criminal or civil liability or sanctions under state law. Although both were designed to legalize medical marijuana, there are some differences between the 2014 and 2016 measures of Amendment 2. For instance, the 2016 measure clarifies the requirements for parental consent for the use of medical marijuana by minors and further defines what is meant by the term “debilitating” illnesses, which would qualify for medical marijuana as a treatment option. In regards to a “debilitating medical condition,” the measure defined the condition as cancer, multiple sclerosis (MS), glaucoma, hepatitis C, HIV, AIDS, ALS, Crohn’s disease, Parkinson’s disease, “or other conditions for which a physician believes that medical use of marijuana would likely outweigh the potential health risks for a patient.” The 2016 measure also addresses the concern regarding caregivers, by making it clear that doctors would not be immune from malpractice claims for negligent prescribing of marijuana and by limiting how many patients a caregiver can treat with marijuana. “You have to get diagnosed by a licensed physician, get a recommendation, and send it to the Florida Department of Health for verification and wait for a stateissued ID.”
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