Florida's Republican Attorney General Ashley Moody was required to submit a ballot initiative to the State Supreme Court seeking to put marijuana legalization before the voters, however, she chose to include an opinion questioning its constitutionality. Moody used the same argument to block another legalization attempt in 2022.
Florida is an un-fun place! They are trying to ban Disney, pushing back against weed, and banning books. The only fun thing I can imagine in Florida might be to smoke out and watch manatees swim around.
Despite Moody's opinion, activists say that they've thoroughly vetted the measure and are confident the court will agree that it complies with constitutional requirements.
"We appreciate General Moody's transmittal to the Supreme Court but respectfully disagree with her statement that she believes it does not comply," the campaign said in a statement to Florida Politics, which first reported on Moody's filing.
"We very much look forward to her analysis but more importantly to both written and oral arguments before the Florida Supreme Court and a positive ruling from that court," they said. "As an aside, it is important to note that the opinion of the Attorney General is not binding and that this matter will be decided after both sides have had their say before the Florida Supreme Court."
Here is what Moody seeks to ensure voters do not get a chance to decide for themselves:
Here's what the Smart & Safe Florida marijuana legalization initiative would accomplish:
Adults 21 and older could purchase and possess up to one ounce of cannabis for personal use. The cap for marijuana concentrates would be five grams.
Medical cannabis dispensaries could "acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use."
The legislature would be authorized—but not required—to approve additional entities that are not currently licensed cannabis dispensaries.
The initiative specifies that nothing in the proposal prevents the legislature from "enacting laws that are consistent with this amendment."
The amendment further clarifies that nothing about the proposal "changes federal law," which seems to be an effort to avoid past legal challenges about misleading ballot language.
There are no provisions for home cultivation, expungement of prior records or social equity.
The measure would take effect six months following approval by voters.
