Florida Attorney General Asks State Supreme Court To Block Marijuana Legalization Initiative From 2024 Ballot

Florida’s Attorney General is asking again the State Supreme Court to prevent a marijuana legalization measure from being placed on the ballot.

After the Smart & Safe Florida Campaign announced that they had collected enough raw signatures for to be included on the ballot in 2024, Florida Attorney-General Ashley Moody (R), sent the measure to court with an opinion questioning its constitutionality.

Moody claims that the initiative violates Florida’s Constitutional single-subject rule, which requires that ballot measures be narrowly focused. She used the same argument to invalidate a legalization measure for 2022, which was rejected by the Supreme Court.

New material on Re: Adult personal use of marijuana (Advisory Opinion for the Attorney General). See the docket here: https://t.co/ASHoq9EFh7 pic.twitter.com/x0Yvt3AgAj

FloridaSupremeCourt May 15, 2019

The new filing by the Attorney General states: “In accordance to the provisions of Article IV section 10, Florida Constitution I respectfully ask this Court for an opinion on whether the proposed Amendment ‘Adult Personal Use of Marijuana,’ complies the single-subject requirements of Article XI section 3, Florida Constitution and whether the title of the amendment and the summary of it comply with the substantive technical requirements of section 101.161(1) of Florida Statutes.” “I do not believe that the proposed Amendment meets the requirements of Section 101.161.1, Fla. Stat. and will present further arguments through briefings at the appropriate times.”

After a petition has reached a certain threshold of signatures, such as was achieved by the Smart & Safe Florida Campaign in January, it is reviewed by the Supreme Court.

Activists say they’ve thoroughly examined the measure, despite Moody’s opinion . They are confident that the court will accept that it meets constitutional requirements.

The campaign told Florida Politics in a press release that it was “appreciative” of General Moody’s submission to the Supreme Court, but disagreed with her assertion that the document did not meet the requirements.

They said: “We are looking forward to her analysis, but even more so to the written and oral arguments that will be made before the Florida Supreme Court as well as a favorable ruling by this court.” “As a side note, it’s important to remember that the opinion of Attorney General isn’t binding. This matter will be decided once both sides have spoken before the Florida Supreme Court.”

Last week, the cannabis company Trulieve announced that it had “gathered enough raw signatures to be included on the November 2020 ballot.” Trulieve is the financial backer of the Smart & Safe Florida Campaign and has donated over $38 million so far.

Florida Division of Elections update the ballot signature count at the end of every month. The current total hasn’t been reflected. The last update indicated that the campaign was about 94 per cent of the way through. It makes sense, then, that advocates have closed the gap.

For activists to be on the ballot they will need 891,523 valid signed petitions. As of the end April, the state has verified 786,688. By the end February, had crossed the symbolic threshold of 420,000 valid signatures . As of March , the campaign had 635 961 valid signatures.

The measure, if approved, would amend the state Constitution so that existing medical cannabis companies like Trulieve in the state could begin selling marijuana for all adults older than 21. The measure contains a clause that allows, but does not force, lawmakers to move forward with the approval of new businesses. The proposal would prohibit home cultivation by consumers.

Adults aged 21 or older could purchase and possess cannabis up to an ounce, of which only five grams would be marijuana concentrate products. The three-page document also excludes equity provisions that are favored by supporters, such as expungements and other reliefs for people who have prior cannabis convictions.

A survey published in March revealed that 70 percent of Florida voters supported legalizing marijuana. Florida voters approved the medical cannabis constitutional amendment of 2016.

What would the Smart & Safe Florida initiative for marijuana legalization accomplish?

Adults over 21 could buy and possess one ounce of marijuana for personal use. Cannabis concentrates are limited to five grams.

Medical cannabis dispensaries can “acquire and cultivate marijuana, manufacture marijuana products, and distribute marijuana accessories for adult personal use”.

The Legislature would have the authority, but not be required to approve any additional entities not licensed as cannabis dispensaries.

The initiative states that the proposal does not prevent the legislature from enacting “laws that are compatible with this amendment.”

The amendment clarifies further that nothing in the proposal “changes federal laws,” which appears to be an attempt to avoid previous legal challenges regarding misleading ballot language.

No provisions are made for home cultivation, the expungement or social equity of previous records.

Six months after the vote, the measure will come into effect.

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This is the full text for the title and summary of the ballot:

The law allows adults over 21 to purchase or use marijuana products or marijuana accessories, whether for personal non-medical consumption, such as smoking, ingesting, or ingestion. It also permits Medical Marijuana Treatment Centers and other state licensed organizations to cultivate, process and manufacture these products and accessories. Florida law only; federal law is not changed or rendered ineffective. Limits personal possession. Allows consistent legislation. Defines terms. Provides effective date.”

If the initiative is placed on the ballot in 2024, Florida voters will have to approve it by 60 percent to make it law.

A poll conducted in 2021 showed that the majority of Florida voters supported legalizing marijuana for adult use. This is a narrow margin, and advocates will need to work hard if this measure passes.

Activists who are not directly involved with the Smart & Safe Florida Campaign said that last year they were exploring a plan to let voters decide about what they hope to be a complementary measure allowing adults to grow cannabis at home.