Supreme Court Review of Florida Rec Cannabis Act Sets in Motion AG to Challenge

Smart & Safe Florida, a political committee, sponsored the proposal for “Adult Use of Marijuana”. This proposal received more than the 222,881 signatures required to force a Supreme Court review.

Ashley Moody, the Republican Attorney General of Florida, formally presented the proposal on Monday to the Florida Supreme Court, with an opinion that the proposal does not comply with the legal requirements for it to appear at the ballot next year. The Supreme Court examines initiatives to ensure that amendments only cover one subject and are written in clear language.

Moody claims that this initiative is in violation of the single-subject rule set forth by the State Constitution, which requires ballot measures to be focused on one single issue. Moody made the exact same argument in the past about the legalization initiative of 2022, but the Supreme Court invalidated it.

According to the new Moody’s court filing , “In accordance with Article IV, Section 10, Florida Constitution I respectfully ask this Court’s opinions as to whether or not the proposed Amendment ‘Adult Personal Use of Marijuana’ complies the one-subject requirements of Article XI section 3 of Florida Constitution and whether or not the ballot title, summary and amendment complies the technical and substantive requirements of section 101.161(1) of Florida Statutes,” reads the Moody’s I believe the amendment does not meet Section 101.161(1) of the Florida Statutes. Stat. and will provide additional arguments in briefings at the appropriate times.”

In a response released on Tuesday, activists expressed their gratitude for Moody’s transmission to the Supreme Court. They “respectfully disagree” with her claim that it is not in compliance.

We are looking forward to hearing her arguments, but we also look forward to the written and oral arguments that will be made before Florida Supreme Court. And to a favorable ruling by this court. It is also important to remember that the opinion from the Florida Attorney General does not have any legal force and the matter will only be resolved after both parties present their case before the Florida Supreme Court.

Trulieve’s Steve Vancore, a spokesman for the company, also expressed the belief that the ballot language “meets Florida’s Single Subject and Related Laws.” Trulieve has invested more than $38 million in Florida to this point to get adult-use marijuana in front of the voters.

Vancore stated that “as a majority in the United States now have the right to consume cannabis as a personal matter, we are hopeful the Florida court will rule the Smart & Safe Amendment meets Florida ballot sufficiency law and allow voters to vote on this issue.”

Safe & Smart needs Supreme Court approval as well as 891,523 validated petition signatures to be placed on the ballot in 2024. The state’s Division of Elections site shows that the Safe & Smart committee has 786,747 valid signatures.

The initiative would allow adults older than 21 to possess, buy, and use marijuana products or marijuana accessories, whether for personal non-medical consumption, by ingestion or smoking. Additionally, it allows state licensed medical marijuana operators, of which currently there are 22 — “to acquire, cultivate and process such products, and accessories, and sell them.”

Residents are not allowed to cultivate at home. If the initiative is approved by voters, the constitutional amendment will be implemented.

In February, a poll conducted by University of North Florida’s Public Opinion Research Lab found that 70 percent of respondents either supported or opposed the bill.

According to Professor Michael Binder of Political Science and PORL Faculty Director, “Efforts are underway to bring recreational marijuana before voters in 2024. But support is strong across the spectrum”, If it is on the ballot in 2024, which would be a huge if, it will have a great chance to reach the 60 percent supermajority required for it to pass.

The original High Times post Supreme Court Review of Florida Rec Cannabis Law Sets in Motion AG to Challenge originally appeared on High Times .