Florida’s Attorney General suggests that voters will be too dumb to realize that marijuana would still remain illegal at the federal level even if they approve a cannabis legalization measure on the ballot in the state next year. They can’t therefore be trusted to decipher “monopolistic” implications of reform.
Attorney General Ashley Moody submitted a new short to the State Supreme Court on Tuesday–a deadline that was imposed by the court after it granted her request for a extension last month. She reaffirmed her belief that the ballot measure must be invalidated due to several reasons.
The official argues that the summary of the initiative is misleading because it does not explicitly state that cannabis will still be illegal in the United States regardless of whether Florida legalizes the drug.
Smart & Safe Florida, the campaign behind the reform proposal, has disputed this claim. They say it is “far beyond the breaking point” to believe that voters are unaware that marijuana is prohibited at the federal level.
Attorney general’s office disagrees. The new brief claims that “most Americans can’t name even one Supreme Court Justice,” suggesting that voters are similarly ignorant of the federal-state conflict, despite it being a dynamic already existing in the majority of the country. This includes Florida, where medical marijuana is legal at the state level but still prohibited federally.
Moody also asserts that the initiative has been designed in a manner that unfairly benefits the main financial supporter of the campaign, the cannabis firm Trulieve.
It says: “This carefully curated summary of the ballot is likely to mislead voters in subtle ways, and to do so, in a manner that will entrench the Sponsor’s stranglehold on Florida’s marijuana market, to the detriment to Floridians.” Trulieve, in its quest for a bigger customer base and more profits, has invited millions Floridians into a reckless violation of federal law.
It continues, “Trulief may be reckless enough that it stakes an entire business on the whims and pleadings of federal prosecutors.” “But it can’t invite Florida voters permanently amend their governing chart by promising the amendment will (‘allow’ recreation marijuana) which it won’t do.”
The attorney general also claims that the campaign dupes voters by claiming the initiative will increase the number of marijuana retail stores in the state when it only authorizes an expansion.
It says that “this misdirection has no doubt been engineered by Sponsor in order to appeal to voters” who want to end the stranglehold of [medical cannabis treatment centres] on the state’s marijuana market. This bait-and switch is misleading.
Moody continued to argue that this measure fails to adequately communicate to voters the fact that it will set a “constitutional prohibition” on the possession of more than three ounces cannabis for personal consumption, which the legislature cannot change independently. The brief claimed that, due to the language of this initiative, the Department of Health will only be able to regulate medical cannabis and “exempt” the adult market from regulation.
“In the end if the Sponsor had wanted to eliminate state-law barriers for recreational marijuana, it would have been straightforward to replace the old medical regime with a recreational regime. Instead, it incorporated recreational marijuana into the existing regime. Why? The Sponsor has the backing of an MMTC which already holds a license. They will be able, on day one, to sell recreational marijuana without any further steps. It advances this self-interest, by hiding from voters the fact that the amendment exposes them to federal criminal liabilities, wouldn’t enhance competition, and that recreational marijuana would be unregulated (and therefore unsafe). This misleading summary of the ballot should not be presented to voters.”
The Florida Chamber of Commerce, and the Drug Free America Foundation submitted briefs on Wednesday to the court in response to the campaign’s previous filing defending the ballot measure.
The Florida Attorney General’s reply brief and the Drug Free America Foundation’s response brief in opposition to the initiative have been updated. See the docket here: https://t.co/ASHoq9EFh7 pic.twitter.com/O9ZvBDr6Mr
FloridaSupremeCourt August 3, 2020
In its response, the Chamber of Commerce reiterates that it believes the initiative violates the single-subject rule of ballot measures in a way that is unconstitutional. It also supports the Attorney General’s argument regarding misleading title and summary. In the brief, it is stated that although the court has the “prerogative” of deciding how to deal with the complaints, the Chamber feels strongly that this measure should be invalidated based on its single-subject nature.
The chamber, who separately filed a request to hear oral arguments, stated that “the citizen’s initiative is being increasingly misused” to propose legislative changes to the Florida Constitution, that violates the strict requirement of a single subject and that usurps the express constitutional role of the Legislature.
In its brief, the Drug Free America Foundation says the legalization measure violates “the Supremacy Clause” of the United States Constitution because it is in “positive conflict” with federal law.
The next step in this case is not clear. The court could schedule oral arguments, now that both parties have outlined their main arguments through written briefs.
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 despite the opinion of the Attorney General and 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 for the next election, a measure must also have enough valid signatures of registered voters to equal at least 8 percent of 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, 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 if marijuana legalization is approved by voters it would produce between $195.6 and $431.3 millions of new sales tax revenue each year. 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 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 marijuana accessories for adults to 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 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, ingesting, or ingestion. It also permits Medical Marijuana Treatment Centers and other state-licensed entities to cultivate, manufacture, process, sell and distribute these products and accessories. Florida law only; federal law is not changed or abrogated. 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.
DeSantis is a Republican presidential candidate for 2024 who recently said that he would not decriminalize marijuana at the federal level if elected.
Minnesota Indian Tribe launches first marijuana sales in the state as legalization takes effect
Photo elements are courtesy of Rawpixel, and Philip Steffan.
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