- The Florida Supreme Court will review a legal challenge by state Attorney General Ashley Moody regarding a proposed ballot initiative to legalize recreational marijuana, citing a violation of the state constitution.
- Opponents must submit their briefs by June 12, and the court will decide whether to hold oral arguments after the deadline.
- The proposed amendment, supported by the committee Safe & Smart Florida, aims to allow adults aged 21 and above to possess and use marijuana for personal non-medical purposes.
The Florida Supreme Court is set to review a legal challenge filed by state Attorney General Ashley Moody, asserting that a ballot initiative to legalize recreational marijuana violates the state constitution.
According to the Florida Courts’ information system, opponents of the initiative must submit their briefs by June 12. Afterward, the court will decide whether to schedule oral arguments on the case.
Earlier this month, Moody formally requested the Supreme Court review the proposed initiative, signaling her intent to challenge its legal sufficiency for the 2024 ballot. The political committee behind the measure, Safe & Smart Florida, exceeded the required 222,881 petition signatures in April, triggering the mandatory review.
In her filing, Moody argued that the proposed amendment “fails to meet the requirements” of specific state laws, though she deferred providing further details, promising to elaborate “through a briefing at the appropriate time.”
The amendment, titled “Adult Personal Use of Marijuana,” would allow individuals 21 and older to “possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption.” This effort comes on the heels of a 2016 constitutional amendment that legalized medical marijuana in Florida.
Maintaining her stance from 2019, Moody contends that the amendment should not appear on the ballot, citing a state law that mandates constitutional amendments be confined to a single subject and comply with all technical requirements of state law.
If passed, the amendment would remove criminal liability and civil sanctions for the non-medical use of marijuana, while also authorizing all licensed Medical Marijuana Treatment Centers in the state to produce and sell recreational cannabis products.
Despite the legalization of marijuana for medical purposes in 2016, the non-prescription use of marijuana remains prohibited for Florida residents and visitors alike. Trulieve, Florida’s largest medical marijuana producer, has been a key financial backer of the push to legalize recreational use.
As of April, Trulieve had contributed a total of $38.5 million to Smart & Safe Florida, accounting for virtually all of the committee’s fundraising efforts. Other contributions totaled less than $125. Of the $38.4 million spent by the committee, nearly all has gone toward collecting and validating petition signatures.
With 786,747 signatures validated as of this month—just shy of the required 891,523—the initiative is nearing the threshold needed to qualify for the ballot. Should the measure pass, Trulieve CEO Kim Rivers estimates Florida’s recreational marijuana market could be worth as much as $6 billion annually.
Before any constitutional amendment can be enshrined in the Florida Constitution, it must pass review by the Florida Supreme Court and garner the support of 60 percent of voters in a general election. Previous attempts to legalize recreational marijuana in the state were rejected by the high court, citing concerns over conflicts with federal law, which continues to classify marijuana as illegal.