State officials confirmed that Florida activists had collected enough valid signatures for a marijuana legalization measure to be placed on the ballot in 2024. The campaign is facing a legal challenge by the state attorney general.
As of May 31, the Florida Division of Elections (which updates the petition count on the measure every month) reported that 967 528 signatures had been verified, exceeding the required threshold of 891 523 signatures.
The measure passed a major hurdle at the end of January when it received enough signatures for the state Supreme Court to review the language of the measure. This analysis is pending while the court considers the legal challenge brought by Florida Attorney General Ashley Moody (R) against the initiative.
Moody filed an opinion with the court earlier this month . It argued that the ballot measure violated the single-subject rule of the state Constitution. The proposals must be focused on a single issue.
Activists say they have thoroughly examined the measure, and that they are confident that the court will find it to be constitutional.
The attorney general used the same argument to oppose a legalization measure for 2022, and it was invalidated by the Supreme Court. The court must receive initial briefings in the case by June 12. The court will require that subsequent reply briefs be submitted between July 5 and 12.
The Division of Elections notes that despite state officials stating that the campaign exceeded the required number of signatures for ballot placement, they are “not official until the Secretary of the State determines that the signatures were obtained and issues an official certificate of ballot positioning.”
To be placed on the ballot for the next election, an initiative needs valid signatures of registered voters that total at least 8 percent in district-wide votes in the last presidential election. This is in addition to the number of signatures needed statewide. According to the latest state data, the marijuana campaign met the threshold for 14 districts.
Trulieve is a cannabis company that has contributed over $38 million in support of the Smart & Safe Florida Campaign.
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 concentrates. 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 aged 21 or older can purchase and possess three ounces (90 grams) of cannabis for their personal use. Cannabis concentrates are limited to five grams.
Medical cannabis dispensaries can “acquire and cultivate marijuana, process it, 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 “adopting laws consistent 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, manufacture, process, sell and distribute these products and accessories. Florida law only; federal law is not changed or invulnerable. 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 (59%) supported legalizing marijuana for adult use. This is a narrow margin, and advocates will need to work hard if this measure passes.
Activists who aren’t involved directly in the Smart & Safe Florida Campaign said 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.
Louisiana Senators approve the House-passed Marijuana Expungements bill in committee
Photo by California State Fair.
The post Florida Marijuana Legalization Initiative has Enough Signatures for 2024 Ballot, Officials Said appeared initially on Marijuana Moment.
