A proposed ballot measure to legalize the recreational use of marijuana in Florida has been invalidated by the state Supreme Court, which found the ballot summary and title misleading to voters.
On a 5-2 vote, the court dealt a setback to Make It Legal Florida, sponsor of the initiative to legalize recreational cannabis use in the state. The court majority found that one clause in the initiative’s summary was deceptive because it failed to spell out to voters that marijuana possession would still be illegal under federal law.
The summary said the measure “permits adults 21 years or older to possess, use, purchase, display and transport up to 2.5 ounces of marijuana and marijuana accessories for personal use for any reason.” In briefs filed with the court, opponents of the proposal noted that the text of the measure says that its passage would only remove civil and criminal liability for marijuana possession and use under Florida law.
NORML Executive Director Erik Altieri
“They thus argue that the summary’s unqualified use of the word “[p]ermits” affirmatively misleads voters into believing that the recreational use of marijuana in Florida will be free of any repercussions, criminal or otherwise,” the high court’s opinion states. “We agree.”
Although Make It Legal Florida did not respond to requests for comment, the National Organization for the Reform of Marijuana Laws (NORML) predicted a legalization measure would eventually pass legal muster and reach the state ballot.
“Absent action from lawmakers, we're certain that supporters will return with an initiative tailored to pass Supreme Court scrutiny again in the very near future,” NORML’s executive director, Erik Altieri, told the Record in an email.
A large majority of Florida residents favors the legalization of marijuana for recreational uses, Altieri said.
“NORML finds the Supreme Court's decision in this matter incredibly unfortunate, and we disagree with their invalidation of the legalization initiative,” he said. “Recent polling revealed that six out of 10 Floridians support legalizing marijuana in the Sunshine State, and state legislators should respect the will of the majority of their residents and pass legalization through the legislative process.”
The court’s analysis faults the initiative summary’s failure to explain that there would be an inconsistency between state and federal law if voters were to approve the measure.
“The proposed amendment includes that language, of course, because a recreational marijuana user or distributor will remain exposed to potential prosecution under federal law – no small matter,” the court said. “A constitutional amendment cannot unequivocally ‘permit’ or authorize conduct that is criminalized under federal law. And a ballot summary suggesting otherwise is affirmatively misleading.”