The Florida Supreme Court granted Monday the state attorney general’s request for additional time to submit a brief explaining why voters shouldn’t get a chance to decide on a cannabis legalization initiative on 2024 ballot.
The court granted the extension on the same day Attorney General Ashely Moody’s (R) office, , filed a motion to extend the deadline by one week.
The court also granted a two-week extension to the deadline for the initial briefs.
In Moody’s most recent request, it was noted that her office has been occupied with administrative duties and filing briefs for two unrelated court cases. It also noted that the court had allowed ACLU of Florida, two days after the deadline for those who supported the legalization measure, to file their own brief.
The motion stated that “as a consequence, the current deadline only gives the opponents three days business to respond to arguments in this brief.”
Moody argues that the ballot summary of the initiative is misleading voters in several ways, and she believes this is reason to invalidate it.
The Attorney General’s Office said they had discussed the request for a deadline extension with Smart & Safe Florida, who opposed a week-long extension but were willing to accept a two-day extension. The court instead granted the entire request and extended the deadline to August 2 for a brief reply.
The court stated that Monday “multiple extensions for the same filing is discouraged.” In the absence of extenuating circumstance, subsequent requests could be denied.
Officials from the state have confirmed that the campaign has collected enough valid signatures for ballot placement.
Activists say they have thoroughly examined the measure and that, despite the opinion of the Attorney General, they are confident that the court will find it to be constitutional.
Moody used the same argument to oppose a legalization measure for 2022, which was invalidated by the Supreme Court.
To be placed on the ballot an initiative needs valid signatures of registered voters that total at least 8 percent of district-wide votes in the last presidential election, in at least fourteen of the 28 congressional districts of the state. 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, a marijuana company, has donated over $39 million so far to 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.
Separately economists from the Florida Legislature and the Governor’s office have also been consulted. Ron DeSantis, a Republican, estimates that the marijuana legalization measure would produce between $195.6 and $431.3 millions of new sales tax revenue each year if it is passed by voters. These figures could rise if lawmakers decide to impose a similar excise tax to those in other legalized states on cannabis transactions.
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, manufacture marijuana products, and marijuana accessories for adults to use” and “sell, manufacture, distribute, and sell marijuana products and marijuana accessory to adults.”
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 legislation that is 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, ingestion or other methods. It also permits Medical Marijuana Treatment Centers and other state licensed entities to cultivate, manufacture, sell and distribute these products and accessories. Florida law only; federal law is not changed or prevented from being violated. 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.
DeSantis is a Republican presidential candidate for 2024 who stated at a recent conference that if elected, he would not decriminalize marijuana on a federal level.
American Medical Association Supports Marijuana Drug Testing
Photo by Mike Latimer.
The article Florida Supreme Court gives Attorney General more time to argue why Marijuana legalization should be blocked from 2024 ballot first appeared on Marijuana Moment.
