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181 So. 3d 471
Fla.
2015
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Background

  • The Florida Attorney General requested the Court’s advisory opinion on a citizen initiative sponsored by People United for Medical Marijuana to amend Article X by adding Section 29 authorizing medical marijuana for qualifying patients.
  • The proposed amendment defines terms (e.g., "debilitating medical condition," "MMTC," "qualifying patient/caregiver"), removes state criminal/civil liability for authorized medical use, and assigns regulatory duties to the Department of Health.
  • The amendment sets timelines for Department regulations, issuance of ID cards and MMTC registration, confidentiality protections, and contains severability and limitation clauses (no immunity from federal law; no workplace/school/accommodation requirements).
  • Ballot title: "Use of Marijuana for Debilitating Medical Conditions." Ballot summary (≤75 words) explains authorization, caregivers, Department regulation/registration, and limits to state law.
  • The Financial Impact Estimating Conference issued a statement (≤75 words) saying costs and revenue changes to state/local governments could not be determined; regulatory costs likely; sales tax likely to increase revenues; fees may offset costs.
  • No briefs or public comments opposed the measure or the financial statement; the Court reviews only single-subject, ballot clarity, and financial-statement compliance issues and applies a deferential standard.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Single-subject: Does the amendment embrace one subject? Sponsor: The amendment’s unified purpose is to permit medical marijuana and related regulatory framework; all provisions are directly connected. No opposing argument presented. Held: Complies with single-subject; oneness of purpose exists; not logrolling; does not substantially alter multiple branches.
Ballot title & summary clarity: Do title/summary fairly inform and avoid misleading voters and meet word limits? Sponsor: Title/summary accurately and succinctly state chief purpose; comply with word limits. No opposing argument presented. Held: Title and summary comply with §101.161(1); they fairly inform voters and are not misleading.
Financial Impact Statement: Is the statement clear, unambiguous, ≤75 words, and limited to estimated state/local revenue/cost effects? Financial Conference: Statement identifies likely increased regulatory/enforcement costs, indeterminate net revenue effect, possible sales-tax revenues and fee offsets. No opposing argument presented. Held: Financial statement complies with §100.371(5); sufficiently clear though indefinite.
Disposition: Should the amendment and statements be approved for the ballot? Sponsor: Petition should be approved for placement on the ballot. No opposing argument presented. Held: Court approves the proposed amendment, ballot title/summary, and Financial Impact Statement for placement on the ballot.

Key Cases Cited

  • Advisory Op. to Att’y Gen. re Use of Marijuana for Certain Med. Conditions, 132 So.3d 786 (Fla. 2014) (prior advisory opinion on medical-marijuana initiative guiding review)
  • Advisory Op. to Att’y Gen. re Right to Treatment & Rehab. for Non-Violent Drug Offenses, 818 So.2d 491 (Fla. 2002) (deferential standard for citizen initiatives)
  • In re Advisory Op. to Att’y Gen. re Florida’s Amend. to Reduce Class Size, 816 So.2d 580 (Fla. 2002) (initiative upheld unless clearly defective)
  • Fine v. Firestone, 448 So.2d 984 (Fla. 1984) (single-subject oneness of purpose test)
  • Advisory Op. to Att’y Gen. re Water & Land Conservation-Dedicates Funds to Acquire & Restore Fla. Conservation & Recreation Lands, 123 So.3d 47 (Fla. 2013) (framework for single-subject and financial-statement review)
  • Advisory Op. to Att’y Gen. re Fee on Everglades Sugar Prod., 681 So.2d 1124 (Fla. 1996) (agency duties tied to initiative policy are directly connected)
  • Askew v. Cross Key Waterways, 372 So.2d 913 (Fla. 1978) (non-delegation concerns)
  • Armstrong v. Harris, 773 So.2d 7 (Fla. 2000) (ballot-title/summary accuracy requirement)
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Case Details

Case Name: Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions
Court Name: Supreme Court of Florida
Date Published: Dec 17, 2015
Citations: 181 So. 3d 471; 2015 WL 9258263; Nos. SC15-1796, SC15-2002
Docket Number: Nos. SC15-1796, SC15-2002
Court Abbreviation: Fla.
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    Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions, 181 So. 3d 471