| Posted on Mon, August, 25th 2014 by THCFinder
TALLAHASSEE — Marijuana legalization advocates might have another reason to rejoice if Florida voters approve a proposed constitutional amendment allowing pot for medical use.
The initiative's passage also will pre-empt Florida's “bong ban,” which forbids the sale of pipes used to smoke the plant, said the head of the drive behind the amendment.
Ben Pollara, campaign manager of United for Care, pointed out that the amendment's definition of marijuana's “medical use” includes “related supplies.”
Anything now outlawed as drug paraphernalia, including “metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,” may be legally sold if used to smoke marijuana to treat a medical condition, Pollara told the Tribune/Scripps Capital Bureau.
That could even include a “2-liter-type soda bottle,” which state legislators have banned if used with a controlled substance.
Jon Mills, the former University of Florida Levin College of Law dean who drafted the amendment's language, didn't take issue with Pollara's interpretation.
“Pragmatically, though, I expect the Legislature will go back and further define what is and what is not (illegal) paraphernalia,” said Mills, who also served as speaker of the Florida House in 1987-88.
“But certainly, if you were arrested for having drug paraphernalia and were using marijuana medically, you'd make the argument your device was included” in the amendment's definition, he added.
Also in agreement is Sandy D'Alemberte, former Florida State University president and law school dean and past American Bar Association president.
“If devices that best administer medical marijuana are on the list” of drug paraphernalia, “then on the face of it, it sounds like you'd have a pretty good argument you weren't breaking the law,” he said.
“Ultimately, of course, a court would have to decide,” added D'Alemberte, who also chaired the Florida Constitution Revision Commission in 1977-78.