The Florida Supreme Court agreed to allow the state attorney general an additional two weeks to prepare a brief arguing that a proposed legalization initiative for marijuana should not be placed on the ballot in 2024.
Initial briefs were originally due on Monday. However, the court granted an uncontested motion that pushed that deadline to June 26, because the Attorney General Ashley Moody (R)’s office stated that they “have multiple urgent deadlines with little staff assistance,” which is preventing them from completing the argument in time.
The court extended the deadline on Tuesday, but not before warning Moody to refrain from seeking further delays.
In its order, the court stated that multiple extensions for the same filing were discouraged. In the absence of extenuating circumstance, subsequent requests could be denied.
Last week, state officials confirmed that the Smart & Safe Florida campaign had collected enough valid signatures for to qualify the legalization initiative on the ballot in 2024.
Florida Division of Elections (which updates petition counts for the measure each month) reported that 967 528 signatures had been verified as of the end of June, exceeding the required threshold of 891 523 signatures.
The measure passed a major hurdle at the end of January. Getting enough signatures was required to start a review by the state Supreme Court on the language of the measure, which is being challenged now by the Attorney General’s Office.
Moody filed an initial filing with the court last month . She briefly argued that it violated the state Constitution’s single-subject rule for ballot measures, and said she would elaborate on her position in a later briefing.
Activists say they have thoroughly examined the measure, and are confident that the court will find it to be constitutional.
Moody used the same argument to oppose a legalization measure for 2022, and subsequently the Supreme Court invalidated it. 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.
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 recently updated 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 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 support the legalization of 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 inhaling. 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 immunity from violation. 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 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.
Amazon’s Twitch bans streamers from promoting marijuana but allows alcohol branding in policy update
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The article Florida Supreme Court Allows State Attorney General to File Briefs in Marijuana Legalization Ballot Challenge first appeared on Marijuana Moment.
