A judge has ruled that the Broward County Supervisor of Elections Office has done enough to remedy the problem of some ballots that omitted reference to Amendment 2, the so-called “Medical Marijuana Amendment.”

Carol-Lisa Phillips of the 17th Judicial Circuit Court ruled that Brenda Snipes, Broward’s supervisor of elections, does not need to take further action to notify the public about potentially defective ballots.

The first two voters who noticed that the proposed Florida constitutional Amendment 2 was missing from their ballots sued Snipes’ office. An emergency hearing on the issue was held Tuesday, Oct. 25.


Norm Kent, the plaintiffs’ attorney, said the court’s Oct. 28 decision “focuses only on those defective ballots we know about … It fails to pro-actively address the unknown number of defective ballots, which the supervisor of elections admitted could still be out there,” according to a press release by the Florida Cannabis Coalition.

Kent added that, if the number of defective ballots increases, “we may have to renew legal options.”

Raymer Maguire IV, deputy campaign manager for the People United for Medical Marijuana’s “Yes on 2” initiative, echoed those sentiments in an email to Florida Food & Farm: “if it is discovered that the problem is greater than the Supervisor of Elections is stating … we may have to take legal action.”

The entire text of Amendment 2 is below.

Use of Marijuana for Debilitating Medical Conditions

Allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients’ medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana.

Increased costs from this amendment to state and local governments cannot be determined. There will be additional regulatory costs and enforcement activities associated with the production, sale, use and possession of medical marijuana. Fees may offset some of the regulatory costs. Sales tax will likely apply to most purchases, resulting in a substantial increase in state and local government revenues that cannot be determined precisely. The impact on property tax revenues cannot be determined.