www.medicalrights.org - Floridians for Medical Rights

Get the Facts!
Did you know?
  • There are eight Americans who receive medical marijuana from the federal government through the "compassionte access" program? Three of the eight patients who receive marijuana through this now defunct program live in Florida!
  • There was a statute in Florida from 1979-1982 that allowed patients with glaucoma and cancer access to medical marijuana? Because of the federal government's refusal to to supply the medicine, the law was "sunset" and taken off the books.
  • Legislators' offices keep track of constituent calls and letters? Twenty-five calls or letters on an issue is enough to get their attention.
Florida Flacts

We had two courageous, judiciously sound decisions in our courts of law, recognizing the "medical necessity" defense. Unfortunately, these decisions applied to the defendants only, but have been successfully used to mitigate other prosecutions.

v In 1988 Broward County Circuit Judge Mark E. Polen (now seated in the 4th DCA) ruled that "medical necessity" was paramount to the total prohibition of marijuana and claimed that "such a sweeping, indiscriminate prohibition…appears on its face to be irrational." State of FL v. Elvy Musikka 14 FL W 1 (January 27, 1989). He urged legislators to "correct the anomaly which forces law-abiding citizens into the streets … to meet their legitimate medical needs." Ms. Musikka is one of eight people currently using marijuana supplied by the federal government to treat her glaucoma.

v In 1990 a Bay County couple with AIDS were arrested and convicted of cultivation of marijuana charges. They were using marijuana to control their nausea and stimulate their appetites. Their conviction was appealed and overturned by the 1st DCA. Kenneth L. Jenks and Barbara J. Jenks v. State of FL, 1991 Fla. App. LEXIS 3635; 16 Fla. Law W. D 1070. Both Barbara and Kenny have since passed away, having wasted the last few months of their lives fighting criminal charges.

Even though our legislators and congress representatives have been remiss in addressing this pressing, recurring problem, the medical field has taken cautious steps towards supporting the medical use of marijuana.

  • In 1993 the Governor's Red Ribbon Panel on AIDS issued a report which recommended the state "Facilitate greater access to drug therapies for treatment and prevention therapy, including marijuana when medically indicated".
  • In June 1997 the Florida Medical Association approves Resolution 97-61 which calls for the re-opening of the Investigational New Drug Compassionate Access Program (a closed program which provides medical marijuana to only eight patients in the U.S.), and calls for unimpeded access to marijuana for further research.

Use this information to educate your legislators, the local newspapers, and others about the medical uses and medical necessity of patients. Remember the words of anthropologist Margaret Mead:

"Never doubt that a small group of committed citizens can change the world.
Indeed, it is the only thing that ever has."



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