Florida’s Recreational Marijuana Ballot: A Legal Tug-of-War

Florida’s top legal officer, Attorney General Ashley Moody, is stirring the pot yet again on the topic of recreational marijuana. Despite the burgeoning support, she stands her ground, insisting the proposal to legalize adult marijuana use should not grace the 2024 ballot.

Moody’s Legal Stand

In 2019, Moody voiced her opposition when a citizens’ initiative attempted to bring the adult marijuana use issue to voters. Her stance remains unchanged. She argues that the proposed amendment violates Section 101.161(1), Fla. Stat., a law necessitating constitutional amendments to focus on a single subject and comply with all technical state law requirements.

A Race Against the Clock for Signatures

The Attorney General must render an opinion once a petition garners a quarter of the necessary valid signatures to put an amendment on the ballot. Safe & Smart Florida, the powerhouse behind the marijuana amendment, has already secured 786,747 certified signatures as of May 15. They still need to collect 104,776 more valid signatures to secure a spot on the 2024 ballot.

The Opposition Speaks

Safe & Smart Florida appreciates Moody’s transmission to the Supreme Court but respectfully disagrees with her assessment. “We eagerly anticipate her analysis, but the focus is on both written and oral arguments before the Florida Supreme Court and a positive ruling from that court,” reads a statement from the Safe & Smart campaign.

The Battle Over the Adult Personal Use of Marijuana

The amendment, “Adult Personal Use of Marijuana,” proposes the non-medical use of marijuana, prohibiting any law that would subject use to criminal liability or civil sanctions. It would also authorize all licensed Medical Marijuana Treatment Centers in the state to start manufacturing and selling recreational cannabis products.

The Role of Trulieve

Trulieve, the largest marijuana producer in Florida, has invested millions into the effort to put adult use on the ballot. “We believe the ballot language meets Florida’s single subject and related laws and look forward to the Smart & Safe campaign bringing this matter before the court where we expect a positive ruling,” says Trulieve spokesman Steve Vancore.

The High Stakes at the Florida Supreme Court

Any constitutional amendment must pass the Florida Supreme Court. Even if it makes the ballot, the measure must win approval with 60% of voters in the General Election to become part of the Florida Constitution. In June 2021, the high court rejected a similar constitutional amendment from Sensible Florida that would have allowed individuals to grow marijuana in their homes and require the product be regulated like alcohol.