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For Immediate Release

Thursday, May 29, 2014
Contact
Sarah Bascom, sarah@bascomllc.com, 850.294.6636
Amendment 2 Lets Minors Purchase Pot Without Parents Knowing
Constitutional Right to Confidentiality for Minors will be Embedded in Constitution
Tallahassee, Fla. The Vote No on 2 Campaign today continued its efforts to defeat
Amendment 2 by urging voters to be aware of critical differences between what the Pot
Amendment actually says, and what its supporters claim might (or might not) ultimately go
into effect after the Legislature and courts get ahold of it.
Pot supporters say the teenager loophole in Amendment 2, which allows even minors to get
pot in complete privacy even from their parents, is a groundless concern not because of
anything the Amendment says, but because of what pot supporters speculate might happen if
the Pot Amendment passes. Pot supporters speculate that pot docs will never allow minors
to get pot without their parents consent, because current law requires parental notification
and consent for medical treatment for minors.
Constitutional lawyers; however, caution that this reasoning is not valid. Amendment 2
creates a new, fundamental right to get medical marijuana, noted former Florida Supreme
Court Justice Kenneth Bell of Pensacola. Pre-existing laws inconsistent with this new
constitutional right will give way. Indeed, if passed, Amendment 2 includes a double-
whammy. As qualifying patients, our children will have the constitutional right to obtain
medical marijuana. Included with this right is the mandate in section (d)(4) that the state keep
the identity of all qualifying patients confidential. With no limit to this confidentiality mandate
to assure parental consent before our children can get this marijuana, Amendment 2s new
constitutional right will clash with laws that require parental notice and consent before
children obtain medical treatment. Bottom-line: If Amendment 2 passes, our children will be
given both the constitutional right to medical marijuana and the right to have their identity as a
qualifying patient kept secret. With these new fundamental rights, no one can assure what, if
any, right parents will have to be notified of and to give consent to their minor child getting so-
called medical marijuana.
The authors of Amendment 2 begin section (d)(4) with this sentence, The Department shall
protect the confidentiality of all qualifying patients. The mandated confidentiality has no
exception. Once again, a few simple words would have clarified and closed this loophole.
This Amendment is not a bill making its way through the legislative process it cannot be
fixed by a committee meeting or an amendment on the floor. Voters can only vote for the
words the authors used; they cannot fix or close this loophole in the ballot box.
Attorney Susan Kelsey of Tallahassee, who has extensive experience working with
constitutional amendments, echoes the concern that Amendment 2 as written is vastly and
VOTE NO ON 2 | PAGE 2
dangerously different from the law that pot supporters claim might (or might not) ultimately
be implemented. The pot supporters had every chance to be clear about the critical details
of the Pot Amendment, noted Kelsey. But now, they ask voters to assume that the
Legislature and Floridas courts will cure the loopholes in it. Where is the crystal ball?
Amendment 2 is a constitutional amendment, and it cannot be changed by statutory law or
court interpretation. Voters should take care to inform themselves about the language
actually headed for the constitution, which will allow teenagers and children to legally
purchase pot without requiring their parents consent. Even people who think they agree with
the concept of medical marijuana should consider carefully the dangerous loopholes and
extra baggage that come along with Amendment 2, including the teenager loophole and the
any other condition loophole that as written would allow teenagers with exam stress or
trouble sleeping to get pot from any pot doc who will certify them. These are not by any
stretch of the imagination mere groundless concerns as the pot supporters claim.
Three other loopholes to Amendment 2 include:
The Drug Dealer Loophole Amendment 2 allows so-called caregivers to dispense medical
pot. Caregivers do not need medical training, which means they can be felons even drug
dealers. Under Amendment 2 as written, it will be easier to get a caregivers license than a
drivers license. Pot supporters cannot point to anything in the Pot Amendment that closes
this loophole, so they rely on pure speculation about how it might (or might not) be
implemented later.
The Pill Mill Loophole Legitimate doctors wont be prescribing pot to their patients, so just
like pill mills proliferated through the profiteering of a handful of unethical doctors so will pot
shops. Just like the pill mills, look for pot docs to spring up next to restaurants, schools,
churches and supermarkets. Again, the pot supporters cant rely on Amendment 2 itself to
close this loophole.
The Pot for Any Purpose Loophole Amendment 2s ballot language makes it sound like the
use of marijuana would be limited to debilitating conditions, but the Amendment actually
allows pot for other conditions. Just like the states that fell for the medical marijuana lie,
other conditions can include minor fatigue such as neck aches, backaches, headaches and
menstrual cramps. No doctors prescription is required to obtain pot.
The Vote No on 2 Campaign is a grassroots campaign, bringing the truth about Amendment
2 to the voters of Florida. Its coalition includes members of law enforcement, business
leaders, constitutional law attorneys, doctors and other medical professionals, parents and
Floridians from all walks of life. Amendment 2 is simply a guise to legalize pot smoking in
Florida and the goal of this campaign is to point out the loopholes and explain why this
Amendment is bad for Florida.
For more information on the Vote No on 2 Campaign, please visit www.voteno2.org, follow us
@saynoamendment2 and like us FB.com/noonamendment2.
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Paid political advertisement paid for by Drug Free Florida Committee. 115 East Park Avenue, Suite 1, Tallahassee, Florida 32301