Tampa, Florida – A Bay area mother will start treating her cancer-ravaged daughter with whole plant medical marijuana even though we are two months away from the amendment two vote.
10 News told you earlier this year how Moriah Barnhart sought legal counsel to somehow get her daughter access to use medical cannabis under Florida's medical necessity doctrine based on a 1991 ruling.
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Barnhart said she had success while treating her daughter with cannabis in Colorado, but decided to move back to Florida to be closer to family and her support system.
In Jenks v. The State of Florida, the court ruled that patients suffering debilitating diseases have the right to consume, possess and cultivate marijuana, provided they can establish they have a legal medical necessity.
Recently, Barnhart and Christopher Ralph from Health Law Services in Jacksonville shows us the paperwork issued by a physician who evaluated Dahlia Barnhart and deemed medical marijuana a necessity.
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"I'm not in any way shape or form uneasy about the law," said Barnhart. "The process for me is easy with regards to the paperwork."
According to Ralph, she will have to carry the paperwork with her at all times.
It includes information from the doctor, details on the Jenks v. State of Florida ruling and an identification number for law enforcement to verify its authenticity via a website.
"Our statutes allow for a physician to order the use of a schedule one controlled substance," said Ralph.
Earlier this year, state lawmakers legalized a non-euphoric strain of marijuana called Charlotte's Web.
Ralph says for that reason, he is not in full support of amendment two.
"Once amendment 2 passes, all we're going to have is low-THC cannabis run by 5 organizations throughout the state," he said. "Which was preempted by our current legislature… that's what they did because they didn't want amendment 2 to pass."
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