Florida Campaign Clears Hurdle To Put Marijuana Legalization Measure Before Court For Review On Way To 2024 Ballot
A marijuana industry-backed campaign to put a legalization initiative before voters on the 2024 ballot has cleared its first hurdle, with enough signatures on a petition to initiate a state Supreme Court review of its language.
Smart & Safe Florida filed the measure last summer, and the campaign has so far turned in 294,037 valid signatures to get the review started—a key step toward ballot placement, as News Service Florida first reported. They needed 222,898 signatures to prompt the court review of the initiative.
The Florida Supreme Court will be looking to make sure that the text of the proposal doesn’t violate the state Constitution’s single subject rule and isn’t affirmatively misleading to voters.
If the court determines that the initiative meets those standards, the campaign will need to collect a total of at least 891,589 signatures to make the ballot next year.
Past attempts to place adult-use legalization on the Florida ballot have been challenged and rejected by the court.
The Smart & Safe Florida political committee initiative is being funded almost entirely by the state’s largest medical cannabis operator Trulieve, which provided initial seed money to get the campaign off the ground and has now contributed $20 million to the effort.
If approved, the measure would 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.
Under the proposal, 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.
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While Florida voters approved a medical cannabis constitutional amendment in 2016, subsequent attempts to place broader legalization on the ballot have been rejected by the state Supreme Court, which has ruled that the language of proposed measures by Make It Legal Florida and Sensible Florida were misleading, invalidating them.
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.
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 cannabis reform measure make the 2024 ballot, at least 60 percent of Florida voters would have to approve it for it to be enacted.
A 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.
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