Some opponents of a proposed constitutional amendment to legalize recreational marijuana in Florida say a new state law will provide additional avenues for the state Supreme Court to reject the measure.
The high court is set to hear oral arguments on May 6 about the amendment proposed by Make It Legal Florida. A supplemental brief filed April 20 by the state Senate argues that SB 1794, which was signed into law this month by Gov. Ron DeSantis, allows the court to consider whether the measure is “facially invalid under the United States Constitution,” since marijuana is illegal under federal law.
SB 1794 also increases the signature threshold required for proposed constitutional amendments to reach the ballot. But whether the high court applies the new law’s provisions to the marijuana initiative is an open question.
“We expect the language (of the amendment) to be approved by the Supreme Court,” Nick Hansen, chairman of Make It Legal Florida, told the Florida Record. Hansen added that the measure’s wording was based on the existing legal framework for medical marijuana in Florida and contains clear, concise language.
In her most recent filing about the measure, Florida Attorney General Ashley Moody argues that the high court need not consider whether the measure is at odds with the U.S. Constitution – only that its language is misleading.
Hansen called the Senate’s arguments absurd and said there’s nothing in the U.S. Constitution that speaks to cannabis sales, though some might argue that the Constitution’s Supremacy Clause means federal marijuana prohibitions trump state laws.
The Senate is attempting to apply a new standard retroactively, according to Hansen.
“It’s sort of like changing the rules of the game when we’re in the fourth quarter,” he said.
Hansen also noted that next month’s hearing will be historic in terms of how it will be conducted.
“This will be the first ever, I think, virtually held oral arguments for a Florida constitutional amendment,” he said. “But I applaud the court for not punting this and making use of technology to continue the timeline.”
Make It Legal Florida wants to see the amendment go before voters in 2022. The measure would allow residents who are at least 21 years old to possess 2.5 ounces of marijuana for recreational use.