Florida Supreme Court sets a schedule for legal challenge to 2024 Marijuana Legalization Ballot Initiative

The Florida Supreme Court has taken the first steps in examining a legal challenge brought by the state attorney general. He is seeking to invalidate the marijuana legalization initiative, which an industry-funded campaign wants to put on the ballot for 2024.

In an announcement posted last week, a court recognized that Attorney General Ashley Moody’s (R) opinion had been submitted to contest the reform measure on the basis of a single-subject challenge, just as she did with previous legalization attempts.

The Supreme Court has stated that initial briefings are due on June 12. The Supreme Court will make a decision on the case before June 12th. Initial briefings are due by that date.

The following new material has been posted: Re: Adult personal use of marijuana (briefing schedule). See the docket here: https://t.co/ASHoq9EFh7 pic.twitter.com/dkmZB9UNCN

FloridaSupremeCourt May 23, 2020 HTML0

The initial filing by the attorney general on the initiative came about a week later, after the Smart & Safe Florida Campaign announced that they had collected enough raw signatures for the 2024 ballot.

Moody argued that the initiative violated the state Constitution’s single-subject rule, which requires ballot measures to be narrowly focused. She used the same argument to invalidate a legalization measure for 2022, which was later invalidated by the Supreme Court.

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 have thoroughly examined the measure, and that despite Moody’s opinion the court will find it to be constitutional.

The cannabis company Trulieve announced this month that it had “gathered enough raw signatures to be included on the November 2020 ballot.” has contributed 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 94 percent through. It makes sense, then, that advocates have closed the gap.

For the petition to be included on the ballot, activists must submit 891,523 valid signed petitions. has verified 886,747 of the signatures submitted by the state. By the end February, the campaign had passed the symbolic threshold of 402,000 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 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 are in favor of 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 entities to cultivate, process and manufacture these products and accessories. Florida law only; federal law is not changed or affected. 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.