Florida AG Files Cannabis Legalization Initiative Dispute

Florida Attorney General Ashley Moody filed a challenge to a proposed voting measure to legalize recreational marijuana in the state Supreme Court on Monday, arguing that the initiative should not be presented to voters in next year’s general election. If successful, the Smart & Safe group’s proposed amendment initiative would legalize Florida cannabis for all adults 21 and older.

In a legal opinion filed Monday in the Florida Supreme Court, Moody, a Republican who has served as the state’s attorney general since 2019, argued that the proposed ballot measure legalizing marijuana was misleading to voters. In the brief, she notes that the proposed initiative would allow “adults 21 and older to possess, purchase or use marijuana products and accessories” for non-medical use, according to the vote summary.

“This is false and misleading” because marijuana remains illegal under federal law, she wrote in the state statement. “The court erred in previously authorizing similarly worded voting summaries.”

“[M]”Arihuana is independently prohibited by federal law,” reads the memo, quoted by the Orlando Sentinel. “Indeed, any person possessing marijuana under the rule contemplated by the proposed amendment would become a federal criminal.”

The voting summary said the initiative does not change federal law, but the wording “is insufficient to resolve the confusion,” Moody wrote in the letter.

To be allowed to vote, the proposal must first be approved by the Supreme Court and receive nearly 900,000 verified signatures from registered voters. If the initiative survives Moody’s challenge, it must win at least 60% of the vote in the 2024 general election to become law.

Medical marijuana was legalized in 2016

In 2016, the Florida Supreme Court approved a ballot measure legalizing medical marijuana, which received 71% of the vote in that year’s election. In her legal letter, however, Moody wrote that “voters need clear guidance before being asked to vacate state law penalties for possession of a substance that would subject the user to devastating criminal liability under federal law.” And the widespread misinformation in the press and the misinformation spread by the sponsor of this initiative about its impact makes clarity all the more important.”

By a 5-2 decision in 2021, the Florida Supreme Court rejected a proposed recreational marijuana initiative that was challenged by Moody. In the same year, in a separate decision, the court also rejected a second choice proposal for adult cannabis use.

Campaign responds to challenge

After Moody filed the brief challenging the proposal, Smart & Safe Florida spokesman Steve Vancore said the campaign disagreed with Moody’s assessment of the voting action.

“We believe that the wording, as written, clearly meets the requirements of the Constitution. We look forward to bringing this matter to the Florida Supreme Court and are confident that the court will conclude that there is no legal basis for overturning the initiative,” Vancore said in a public statement. “This important matter should be entrusted to the people of Florida — over a million of whom have already signed the Smart & Safe Florida petition declaring their support — to empower them through democratic decision-making.”

Daniel Russell, an attorney specializing in cannabis law, accused Moody of politicizing the issue.

“This document is more of a Fox News scare tactic designed to evoke goodwill among ‘the grassroots’ than a legal document filed by Florida’s chief legal officer on behalf of the state’s 22 million residents,” Russell told the News Service of Florida in an email. “It stinks of conservative nonsense and Nixonian views on a substance legalized for recreational use in 23 states, three US territories and the District of Columbia. I believe the Florida Supreme Court will recognize this for what it is and allow voters to decide the next steps for Florida’s future.”

Proposal would legalize weed for adults in Florida

Smart & Safe Florida’s proposal would allow current medical marijuana suppliers in the state to begin selling cannabis to all adults 21 and older. Consumers would be permitted to purchase up to three ounces of marijuana at a time, including no more than five grams of cannabis concentrates. The proposed constitutional amendment ballot measure allows state legislatures to approve additional business licenses for adult-use cannabis, although there is no obligation for lawmakers to do so. The initiative also maintains Florida’s current vertically integrated business structure, which requires operators to control the production and marketing of marijuana from seed to sale.

The Smart & Safe Florida campaign is sponsored by Trulieve, the state’s largest medical marijuana distributor, with donations totaling more than $38 million, according to data from the state Elections Department. Earlier this month, Trulieve announced that the proposal had garnered enough signatures from Florida voters to qualify for the 2024 general election.

“Our investment reflects our strong belief that Florida residents are ready to experience the freedom to use cannabis for personal consumption; A freedom that more than half of America’s adults currently enjoy,” Trulieve CEO Kim Rivers said in a statement from the company on June 1. “With over 965,000 validated signatures from nearly every part of our state, it’s clear these constituents share that belief.” We are thrilled that the campaign has reached this milestone and look forward to seeing this initiative on the ballot next November.”