Florida Supreme Court to hold hearing on marijuana legalization initiative in 2024

The Florida Supreme Court has scheduled an oral argument for next month. This case will determine whether or not a marijuana legalization measure will be on the ballot in 2024.

The court has received briefs over the last few months from the state attorney general who filed a lawsuit against the cannabis measure, asking that it be invalidated. Also, Smart & Safe Florida, the campaign behind the proposed reform, submitted a brief.

The main argument of Attorney General Ashley Moody (R) is that the ballot measure is affirmatively false, partly because she claims that voters will not be able understand the summary to know that marijuana would still remain illegal federally even if Florida legalized it.

The campaign and its supporters maintain that the court should respect the intent behind the citizen initiative and give voters the chance to decide after they have submitted nearly one million signatures that have been verified by the state. They have defended the clarity and simplicity of the measure.

The court announced Tuesday that a hearing will be held on November 8th, now that both parties’ key arguments and responses have been presented in briefs.

There is new material on the Order regarding Adult Personal Marijuana Use (Order, oral argument scheduled for November 8). See the docket here: https://t.co/iFooj47o3n pic.twitter.com/jSe1VBnfDD

FloridaSupremeCourt October 3, 2020

The order says that “a maximum of 20 minutes is allowed to be spent on the side for argument. However, counsel should only use as much time as necessary.” It adds in capital letters, “NO CONTINUANCES ARE GRANTED unless there is a demonstration of extreme hardship.”

Moody used the same argument against a legalization measure for 2022, and a subsequent ruling by the Supreme Court invalidated the measure.

To be placed on the ballot 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, in at least 14 out of 28 of the state’s congressional districts. 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. Moody accused Trulieve of backing the measure to gain a “monopolistic grip” on Florida’s cannabis industry.

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 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 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, ingestion or other methods. 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 separate campaign is collecting signatures to support a new initiative that will give adults the option of growing medical marijuana at home, which would not have been available under Smart & Safe Florida’s legalization measure. In August, signature gathering for the home-grow initiative began. Petitions were available online and in certain dispensaries.

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.

DeSantis is a Republican presidential candidate for 2024 who recently said that if elected, he would not decriminalize marijuana at the federal level.

DeSantis has signed a bill which went into effect this summer. added restrictions on medical marijuana advertising and manufacture. This includes prohibiting products or messages which promote “recreational cannabis use” while also adding stricter eligibility requirements for industry workers.

In July , he signed legislation prohibiting the sale of any consumable products — including cannabis “chewing-gum” — to people under 21. This was an extension of the existing ban on young people having access to smokable weed.