Familiar foes of recreational marijuana are mounting opposition to this year’s push for legalized weed for Floridians 21 years of age or older.
In filings to the Florida Supreme Court on Friday, Attorney General James Uthmeier, the Florida Chamber of Commerce, and Associated Industries of Florida are condemning the Adult Personal Use of Marijuana amendment, in what is a preview of oral arguments before the High Court next month.
Uthmeier argues the ballot summary is misleading, that the legalization push conflicts with federal law given that cannabis is not legal for non-medical use, and that the initiative violates the single-subject rule and logrolls additional subjects, including calling for an end to the vertical integration framework on which the state’s medical marijuana program relies.
“[T]his initiative is the latest in a lengthy string of attempts by the marijuana industry to embed a full regulatory regime governing the recreational use of marijuana in Florida’s constitution. That regime would, among other things, simultaneously decriminalize recreational marijuana use; guarantee certain rights to marijuana producers and retailers; and require state regulators to assist in ensuring marijuana’s ‘availability’ throughout the nation’s third largest state,” Uthmeier argues.
The Chamber, along with the Florida Legal Foundation and Judge Frank Shepherd, makes similar arguments, including asserting that the citizens’ initiative is not an “appropriate ‘revision’ or ‘amendment’” to the constitution, and charging proponents with being “out-of-state interests that think of Florida as just another market” and looking to “abuse” the citizens’ initiative process to those ends.
Associated Industries of Florida argues upon the same lines.
“This case presents the rare circumstance in which federal invalidity is not speculative or dependent on future legislative choices. The conflict with the Controlled Substances Act is immediate, comprehensive, and inescapable … the ‘Adult Personal Use of Marijuana’ initiative petition is facially invalid under the United States Constitution, violates the Florida Constitution’s single-subject requirement, and violates the Florida Election Code’s ballot-clarity obligations. The Marijuana Initiative therefore cannot lawfully be submitted to the electorate.”
As of Saturday, Smart and Safe Florida has secured more than 675,000 verified signatures in favor of the measure going on the ballot this year. A similar initiative fell short of the 60% required in 2024, amid an intense push by Gov. Ron DeSantis to defeat it.
–A.G. Gancarski, Florida Politics
Dusty says
Florida is the third most populous state not the third largest state. Nonetheless personal use would mean just that. An infrastructure to support such an initiative would and should be expected.
Laurel says
Oh, like the Chamber of Commerce doesn’t think that Florida is just another market! Fins Up! Welcome to Margaritaville!
I wonder how much of the taxpayers’ money the Governor will use to fight the taxpayers this time?
Skibum says
They are going to give it a go for another try, and may possibly win this time around… but as for me personally, I still oppose marijuana’s recreational use. More drivers on our roadways under the influence of alcohol and/or drugs is definitely not to the benefit of society.
I hear that there are states who are now researching the possibility of lowering the legal blood/alcohol limit from .08%. I wish we had a lower limit before I retired from law enforcement. Maybe if there were enough states that came together and agreed on lowering the limit, we might actually save some more lives, and then I could more easily be persuaded to support legalizing the recreational use of marijuana… maybe. I’ve seen far too many dead bodies resulting from impaired driver traffic collisions to be easily convinced.
Laurel says
Skibum, I disagree. In the sixties, my speed limit was 20 mph, one time, and decided I wouldn’t even try that again. Now I will agree that today’s pot is significantly stronger than it was in the sixties and seventies, to the point where I really want nothing to do with it. It’s just not the same. Reality is, whether legal or illegal, it’s already out there, always has been. Alcohol gives people bravado that pot doesn’t. It’s out there as well, and far more dangerous.
Now the good news: Young people are starting to enjoy mocktails instead of cocktails. They are concerned with their health, and it’s becoming much more socially acceptable. If society would just, honestly, promote health, mental health, and good decision making, we’d be far better off.
melly says
If they allow home-cultivation this time, maybe. And that’s a big maybe because I don’t trust these attempts to go “recreational legal” with this plant. Not now and not ever. IMO, this is all theatrics designed to get people riled up against pot, period.
Why do I say that? The Florida lege and this current governor had to be practically sued into implementing the medicinal programs and they still try and make it a problem for patients at every level. They STILL don’t want MMJ and they dearly want to get rid of it, despite the fact that it is a godsend to users who need it and brings in a lot of revenue to the state coffers.
I’m not averse to a lot of what the DeSantis admin is doing these days, but their stance on this subject continues to be stupidly mis-guided at best. They still live in the Reefer Madness era and it’s just so tiresome.
Laurel says
Melly: On this topic, I agree with you. The question I have, is WHY is the Florida legislative body so much against it? I won’t buy the moral aspect. I can easily list a whole lot of plants and substances far more dangerous than pot, and many can be found at your local plant nurseries and big box stores. You are correct that there are many people who receive an advantage from its usage, such as cancer patients, but people had to battle for more than fifty years to get it legal. Something’s amiss, and it’s usually financially motivated. Maybe some sort of competition. Some unmentioned reason for such resistance.
Dave says
After spending 6 years in Colorado, I witnessed the negative impact of legalized recreation pot. Talk to someone that lived in a place where pot was legalized and see what they say. I’ll vote NO like the last ballot.
Laurel says
Dave: But you never mentioned what it was that made you feel this way. Colorado is an interesting state, with very individualized people with strong opinions, and differing values. Very independent.