Florida Supreme Court justices last week appeared unpersuaded by oral arguments that the ballot language of a proposed state initiative to legalize recreational marijuana is deceptive or contrary to state guidelines.
The justices heard oral arguments on Nov. 8 about the ballot language and summary of the measure proposed by Smart & Safe Florida. The arguments came in the wake of the ballot initiative garnering more than 1 million valid signatures statewide. The high court reviews such constitutional initiatives to ensure they comply with single-subject and clear-language mandates.
The recreational marijuana measure would allow Floridians 21 years or older to buy, use or possess limited amounts of the substance for personal, non-medical use – by smoking or consuming it. Currently operating medical marijuana treatment centers and other entities licensed by the state could acquire or distribute such products for recreational use under the terms of the measure.
Violations of federal law through possession or personal use of marijuana would not be exempted by the measure, according to the initiative’s language.
Attorneys representing the state Attorney General’s Office and the Florida Chamber of Commerce called the ballot summary language unclear and misleading, saying that the implications of the federal liability issue were not precise and the possibility of medical marijuana treatment centers becoming an oligopoly not adequately spelled out.
But the justices did not seem confused by the ballot language of the measure.
“Where’s the hidden ball?” asked Justice John Couriel.
“This is turning the single-subject requirement not into anything other than a straightjacket,” Justice Charles Canady said after objections about the measure were voiced by attorneys.
The Smart & Safe Florida campaign expressed confidence that the measure’s language followed state Supreme Court case law.
“We believe that after (the Nov. 8) oral arguments, it is clear that the language was drafted to conform to the roadmap that the court itself has provided in prior cases,” a Smart & Safe statement emailed to the Florida Record says. “We hope that the court agrees that the language strictly adheres to the law and will allow the citizens of Florida to exercise their sovereign right to decide whether to amend their constitution.”
Steve Vancore, the spokesman for Trulieve, one of 22 medical marijuana centers licensed in Florida to sell cannabis products to authorized patients, said the recreational marijuana campaign’s attorney was persuasive in helping to advance the measure closer to a spot on the 2024 ballot.
“We believe that the campaign’s lawyer properly conveyed their case to the court and remain hopeful that the justices will ignore the political rhetoric, stick to the law and give Floridians the opportunity to vote on this important initiative,” Vancore said.
Florida voters want to join the 25 other states that allow the use of cannabis products recreationally, he said, pointing to a University of North Florida Public Opinion Research Lab survey that found 70% of respondents favor allowing those 21 and over to use marijuana for personal use.
Opponents of the idea generally reject the use of the ballot initiative to advance a complex societal change that they say would be better handled by the state Legislature. But supporters point to declines in violent crime in states that have legalized marijuana and increases in tax revenues, potentially in the billions of dollars.