www.marijuanamoment.net
Open in
urlscan Pro
2606:4700:3037::ac43:b739
Public Scan
URL:
https://www.marijuanamoment.net/florida-attorney-general-asks-state-supreme-court-to-block-marijuana-legalization-initiative-fro...
Submission: On May 18 via manual from US — Scanned from US
Submission: On May 18 via manual from US — Scanned from US
Form analysis 3 forms found in the DOM
GET https://www.marijuanamoment.net/
<form method="get" id="searchform" action="https://www.marijuanamoment.net/">
<input type="text" name="s" id="s" value="Search" onfocus="if (this.value == "Search") { this.value = ""; }" onblur="if (this.value == "") { this.value = "Search"; }">
<input type="hidden" id="searchsubmit" value="Search">
</form>POST
<form id="mc4wp-form-2" class="mc4wp-form mc4wp-form-869" method="post" data-id="869" data-name="Marijuana News In Your Inbox">
<div class="mc4wp-form-fields">
<p>
<label>Email address: </label>
<input type="email" name="EMAIL" placeholder="Your email address" required="">
</p>
<p>
<input type="submit" value="Sign up">
</p>
</div><label style="display: none !important;">Leave this field empty if you're human: <input type="text" name="_mc4wp_honeypot" value="" tabindex="-1" autocomplete="off"></label><input type="hidden" name="_mc4wp_timestamp"
value="1684368408"><input type="hidden" name="_mc4wp_form_id" value="869"><input type="hidden" name="_mc4wp_form_element_id" value="mc4wp-form-2">
<div class="mc4wp-response"></div>
</form>POST
<form id="mc4wp-form-3" class="mc4wp-form mc4wp-form-869" method="post" data-id="869" data-name="Marijuana News In Your Inbox">
<div class="mc4wp-form-fields">
<p>
<label>Email address: </label>
<input type="email" name="EMAIL" placeholder="Your email address" required="">
</p>
<p>
<input type="submit" value="Sign up">
</p>
</div><label style="display: none !important;">Leave this field empty if you're human: <input type="text" name="_mc4wp_honeypot" value="" tabindex="-1" autocomplete="off"></label><input type="hidden" name="_mc4wp_timestamp"
value="1684368408"><input type="hidden" name="_mc4wp_form_id" value="869"><input type="hidden" name="_mc4wp_form_element_id" value="mc4wp-form-3">
<div class="mc4wp-response"></div>
</form>Text Content
* Politics
* Science & Health
* Culture
* Business
* Video
* Newsletter
* Subscribe
* Bill Tracking
* About
* Login Instructions
* All 2023 Cannabis Bills
* Bill Hearing Calendar
* About Marijuana Moment
* Support Marijuana Moment
* Subscribe To Newsletter
Connect with us
*
*
*
MARIJUANA MOMENT
FLORIDA ATTORNEY GENERAL ASKS STATE SUPREME COURT TO BLOCK MARIJUANA
LEGALIZATION INITIATIVE FROM 2024 BALLOT
* Politics
* Michigan Officials Move To End Pre-Employment Marijuana Testing For
Government Workers
* Key GOP Congressman Says He’ll Review Federal Ban On Marijuana Sales In
D.C. After Mayor Raises Safety Concerns
* Minnesota House Could Take Final Vote On Marijuana Legalization Bill
Imminently Following Completion Of Conference Report
* Oregon Marijuana Businesses That Don’t Pay Taxes Can’t Get Licenses Under
Governor’s Order
* Marijuana Needs A Federal Regulator, And There’s One Agency Right For The
Job, Alcohol Industry Exec Says (Op-Ed)
* Science & Health
* Marijuana Is Associated With ‘Significant’ And ‘Sustained’ Health
Improvements, American Medical Association Study Finds
* States That Legalize Marijuana See Reduced Tobacco Use, Study Finds
* Fears About Marijuana And Psychosis Need To Be Placed In Scientific
Context, Not Hyped Up By The Media (Op-Ed)
* Teen Marijuana Use Has Been Declining Since Legal Dispensaries Started
Opening, Federal CDC Study Shows
* Marijuana Helps Cancer Patients Think More Clearly And Manage Pain, Study
Using Cannabis From Dispensaries Finds
* Culture
* NBA Clarifies Players Won’t Be Able To Promote Marijuana Brands, But
League Will Allow Passive Investments And End Testing
* Nevada Sports Regulators Send Proposal To Stop Penalizing Fighters Over
Marijuana To The Governor
* Brands, Celebs And Organizations Celebrate The Marijuana Holiday 4/20 With
New Campaigns And Products
* ACLU Defends Afroman In Lawsuit From Police Who Are Upset He Used Footage
Of Their Marijuana Raid On His Home In Music Video
* Snoop Dogg Applauds NBA For New Marijuana Policy, Saying Players Should
Have Opioid Alternative
* Business
* Missouri Retailers Sold $350 Million Worth Of Legal Marijuana Products
Since Recreational Sales Launched Three Months Ago
* States Have Generated Over $15 Billion In Marijuana Tax Revenue Since
2014, Though Earnings Declined Last Year, Report Finds
* Twitter Updates Marijuana Ads Policy Again, Allowing Businesses To Feature
‘Packaged’ Cannabis Products In Promoted Tweets
* In Reversal, New Jersey Regulators Approve Curaleaf’s Recreational
Marijuana License Renewal—With Conditions
* Curaleaf’s Application To Renew Adult-Use Marijuana Sales License Rejected
By New Jersey Regulators
* Video
* Key GOP Congressman Says He’ll Review Federal Ban On Marijuana Sales In
D.C. After Mayor Raises Safety Concerns
* Minnesota Lawmakers Finalize Marijuana Legalization Bill In Conference
Committee, With Passage Expected This Week
* Salem, Massachusetts Lawmakers Vote To Decriminalize Psilocybin Mushrooms
* Top New Hampshire Lawmakers Divided On State-Run Marijuana Legalization
Plan Proposed By Governor
* Minnesota Lawmakers Resolve Most Remaining Differences In Marijuana
Legalization Bills During Second Conference Meeting
* Newsletter
* FL AG wants to keep cannabis off 2024 ballot (Newsletter: May 17, 2023)
* MN legal cannabis bill nears final passage (Newsletter: May 16, 2023)
* NH gov backs legal cannabis in state stores (Newsletter: May 15, 2023)
* Schumer reaffirms cannabis banking needs expungements attached
(Newsletter: May 12, 2023)
* New cannabis banking hearing witnesses named (Newsletter: May 11, 2023)
* Subscribe
* Bill Tracking
* About
* Login Instructions
* All 2023 Cannabis Bills
* Bill Hearing Calendar
* About Marijuana Moment
* Support Marijuana Moment
* Subscribe To Newsletter
POLITICS
FLORIDA ATTORNEY GENERAL ASKS STATE SUPREME COURT TO BLOCK MARIJUANA
LEGALIZATION INITIATIVE FROM 2024 BALLOT
Published
1 day ago
on
May 16, 2023
By
Kyle Jaeger
Florida’s attorney general is again asking the state Supreme Court to keep a
marijuana legalization initiative off the ballot.
About a week after the Smart & Safe Florida campaign said that they’ve collected
enough raw signatures to qualify for the 2024 ballot, Florida Attorney General
Ashley Moody (R) transmitted the measure to the court, with an opinion
challenging its constitutionality.
Specifically, Moody is claiming that the initiative violates the state
Constitution’s single subject rule, which requires ballot proposals to be
narrowly focused on an individual issue. She made the same argument against a
2022 legalization measure, and the Supreme Court subsequently invalidated it.
“In accordance with the provisions of Article IV, section 10, Florida
Constitution, I respectfully request this Court’s opinion as to whether the
proposed amendment ‘Adult Personal Use of Marijuana’ complies with the
single-subject requirement of Article XI, section 3, Florida Constitution, and
whether the ballot title and summary of the amendment complies with the
substantive and technical requirements in section 101.161(1), Florida Statutes,”
the attorney general’s new filing says. “I believe that the proposed amendment
fails to meet the requirements of Section 101.161(1), Fla. Stat., and will
present additional argument through briefing at the appropriate time.”
The Supreme Court is always required to review ballot petitions after they
exceed a certain signature threshold, which the Smart & Safe Florida campaign
achieved in January.
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.”
The cannabis company Trulieve, which is financially backing the Smart & Safe
Florida campaign and has contributed more than $38 million to date, announced
last week that advocates had “gathered sufficient raw signatures for inclusion
on the November 2024 ballot.”
The Florida Division of Elections updates the ballot signature counts at the end
of each month, so the current total isn’t reflected yet. But the last update
showed that the campaign was about 94 percent of the way though, so it makes
sense that advocates would’ve closed that gap at this point.
To make the ballot, activists will need to turn in 891,523 valid signatures. So
far, the state had verified 786,688 as of the end of April. By the end of
February the campaign had crossed the symbolic threshold of 420,000 signatures.
That rose to 635,961 valid signatures as of March.
If approved, the measure would change the state Constitution to allow existing
medical cannabis companies in the state like Trulieve to begin selling marijuana
to all adults over 21. It contains a provision that would allow—but not
require—lawmakers to take steps toward the approval of additional businesses.
Home cultivation by consumers would not be allowed under the proposal as
drafted.
Adults 21 and older would be able to purchase and possess up to one ounce of
cannabis, only five grams of which could be marijuana concentrate products. The
three-page measure also omits equity provisions favored by advocates such as
expungements or other relief for people with prior cannabis convictions.
A poll published in March found that 70 percent of Florida voters support
legalizing marijuana. Florida voters approved a medical cannabis constitutional
amendment in 2016.
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.
—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
Here’s the full text of the ballot title and summary:
“Allows adults 21 years or older to possess, purchase, or use marijuana products
and marijuana accessories for non-medical personal consumption by smoking,
ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other
state licensed entities, to acquire, cultivate, process, manufacture, sell, and
distribute such products and accessories. Applies to Florida law; does not
change, or immunize violations of, federal law. Establishes possession limits
for personal use. Allows consistent legislation. Defines terms. Provides
effective date.”
Should the initiative make the 2024 ballot, at least 60 percent of Florida
voters would have to approve the measure for it to be enacted.
An earlier poll released in 2021 found that a majority of Florida voters (59
percent) support legalizing cannabis for adult use, so that’s a slim margin that
shows that advocates will have their work cut out for them if the measure
qualifies.
Meanwhile, activists that aren’t directly involved in the Smart & Safe Florida
campaign said last year that they were exploring plans to have voters decide on
what they hope will be a complementary measure permitting adults to grow their
own cannabis at home.
> Marijuana Is Associated With ‘Significant’ And ‘Sustained’ Health
> Improvements, American Medical Association Study Finds
Photo elements courtesy of rawpixel and Philip Steffan.
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured
Up Next
Oregon Senators Want Federal Investigation Into Marijuana Company Executives’
Political Campaign Contributions
Don't Miss
Minnesota Lawmakers Finalize Marijuana Legalization Bill In Conference
Committee, With Passage Expected This Week
Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has
also appeared in High Times, VICE and attn.
YOU MAY LIKE
Michigan Officials Move To End Pre-Employment Marijuana Testing For Government
Workers
Key GOP Congressman Says He’ll Review Federal Ban On Marijuana Sales In D.C.
After Mayor Raises Safety Concerns
Minnesota House Could Take Final Vote On Marijuana Legalization Bill Imminently
Following Completion Of Conference Report
Oregon Marijuana Businesses That Don’t Pay Taxes Can’t Get Licenses Under
Governor’s Order
Marijuana Needs A Federal Regulator, And There’s One Agency Right For The Job,
Alcohol Industry Exec Says (Op-Ed)
Minnesota Lawmakers Vote To Legalize Drug Paraphernalia, Residue, Testing And
Syringe Services
Advertisement
MARIJUANA NEWS IN YOUR INBOX
Email address:
Leave this field empty if you're human:
SUPPORT MARIJUANA MOMENT
*
*
*
* About Marijuana Moment
* Subscribe
* Sponsorship and Advertising
* Privacy Policy
All the cannabis news you need, all in one place. Copyright © 2017-2023
Marijuana Moment LLC ® and Tom Angell
Marijuana Moment
MARIJUANA NEWS IN YOUR INBOX
Email address:
Leave this field empty if you're human:
×