Florida Supreme Court Places Medical Marijuana Initiative on Ballot

Author: David B. Weisenfeld, XpertHR Legal Editor

February 11, 2014

The Florida Supreme Court has held in a 4-3 vote that the state's voters should be allowed to decide in November whether to amend the state's constitution to legalize medical marijuana. The measure would need to receive at least 60 percent of the vote in order to pass. If it does, Florida would become the first southern state to legalize medical marijuana use.

According to a Quinnipiac University poll, 82 percent of Florida voters support legalizing medical marijuana, including an overwhelming majority from every group surveyed. The poll revealed a virtually even split - 48 percent in favor, 46 percent opposed - as to whether recreational use should be legalized. That issue will not be on the ballot.

In its advisory opinion, the Florida Supreme Court said the ballot measure's language is clear enough to appear on the ballot this fall. The language specifies that medical marijuana, if approved, could only be used to treat debilitating conditions as determined by a licensed Florida physician. Among the covered conditions would be cancer, glaucoma, HIV-positive status and Parkinson's disease.

The dissenting justices countered that the ballot language was "misleading," and said it would permit individuals with non-debilitating conditions to use marijuana.

Part of a Broader Trend

Medical marijuana is now legal in 20 states, including every state in New England plus the District of Columbia. Two of the legalization states, Colorado and Washington, also allow for recreational marijuana use. However, employers in those states are still free to have drug-free workplace policies. In addition, courts generally have held that medical marijuana use is not an excuse for a failed drug test.

In New York, the Cuomo administration is supporting legislation that would allow limited access to medical marijuana in the state. At least eight other states in various parts of the country also have legislation pending that would legalize medical marijuana use, which remains illegal under federal law.