Eight years after Florida voters approved medical marijuana, they will have a chance to weigh in on recreational use.
The Florida Supreme Court gave its approval Monday to the Adult Personal Use of Marijuana citizen initiative, which could expand the current retail model beyond medical necessity, allowing visitors to the state and residents without qualifying conditions access to the product.
"Our role is narrow—we assess only whether the amendment conforms to the constitutionally mandated single-subject requirement, whether the ballot summary meets the statutory standard for clarity, and whether the amendment is facially invalid under the federal constitution. In light of those limited considerations, we approve the proposed amendment for placement on the ballot," the Court ruled Monday with a 5-2 majority.
"We are thankful that the Court has correctly ruled the ballot initiative and summary language meets the standards for single subject and clarity. We look forward to supporting this campaign as it heads to the ballot this Fall," said Trulieve CEO Kim Rivers.
Rivers added, "Trulieve was the primary financial supporter of the initiative during the signature gathering effort and subsequent court challenge and is a proud supporter, alongside a strong coalition of other companies, of the next important phase to educate Floridians on the amendment and secure a yes vote on Amendment 3 this November."
The potential constitutional amendment will be presented for voter consideration in November's General Election, with legalization in effect as soon as May 2025 if 60% or more of voters approve.
It would allow 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."
It also would permit "Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories."
The amendment would allow for personal use of cannabis and derivatives, permitting consumers up to 3 ounces of marijuana and 5 grams of concentrate (such as oils, wax, shatter, and so forth).
The Legislature would be permitted to enact laws consistent with the amendment, including permitting recreational-use dispensaries to compete with the medical companies in the Florida market.
Finally, in-state legalization is not presented here as immunizing users from federal law.
The citizens' initiative comes after the Governor weighed in on the language weeks after correctly having predicted it making the ballot, seemingly mischaracterizing it in the process.
Gov. Ron DeSantis said he had a "big problem" with the prospect of legalization, before offering a misread of the language.
"I looked at that language and, I mean, it is the broadest language I think I've ever seen, basically nobody could ever be regulated or penalized in any way for possessing or using this," DeSantis said. "It seems to supersede any other regulatory regime that we have and that means that if that were to come to pass that people in the downtown areas, in different communities, this is going to be part of your community."
Smart and Safe Florida, the campaign driving the potential adult-use question, noted that in fact the amendment addresses the Governor's concerns, and that the Legislature has the "authority" to legislate laws conforming with the amendment.
DeSantis has said he opposes legalization for a variety of reasons, including saying today's product is "too potent" and that dealers can "throw fentanyl in" while on the campaign trail last year during his presidential campaign.
Early in his first term in office, DeSantis pleased reformers when he came out against the Rick Scott-era opposition to cannabis that could be smoked. Previously, loose flower was not available, with only vaporizer cups for sale at dispensaries.
"I look at someone who has Lou Gehrig's disease or terminal cancer or multiple sclerosis. … I think the Florida voters who voted for that wanted them to have access to medical marijuana under the supervision of a physician. Whether they have to smoke it or not, who am I to judge that?" DeSantis said. "I want people to have their suffering relieved. I don't think this law is up to snuff."
However, the Governor has taken a harder line against marijuana in recent years.
"If you look at some of the stuff that's now coming down, there's a lot of really bad things in it. It's not necessarily what you would've had 30 years ago when someone's in college and they're doing something. You have some really, really bad stuff in there, so I think having the ability to identify that, I think, that's safety, and quite frankly when you get into some of that stuff, it's not medicinal at that point for sure," DeSantis said, in response to a reporter's question in 2021.
Attorney General Ashley Moody also fought the amendment to no avail.
She said it violated law requiring constitutional amendments to touch on just a single subject, and expressed doubt about whether this one complies with all technical requirements of state law.
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