The Florida Supreme Court on Monday gave its approval to an initiative to legalize recreational marijuana, clearing the way for the measure to appear on the ballot for the November general election. The Supreme Court voted 5-2 to advance the proposal, which would legalize marijuana for adults and create a regulated framework for commercial cannabis production and sales.
“This is one of the most important cannabis legalization campaigns in recent years,” Matthew Schweich, executive director of the Marijuana Policy Project, said in a statement from the cannabis policy reform advocacy group. “We have the opportunity to end the injustice of cannabis prohibition for over 22 million Americans.”
To become law, the ballot measure must receive at least 60% of the vote in the November election. Of the 24 states in the union with an initiative process, Florida is the only one to set a 60% threshold for passage.
“The challenge in Florida is reaching the 60% mark,” added Schweich, who has served as campaign director for six successful cannabis reform ballot initiative campaigns since 2016. “We need a well-funded campaign but just as importantly we need a strong grassroots operation that can mobilize support and turn out pro-legalization voters.”
The Florida Supreme Court has cleared the way for a marijuana legalization measure to appeal on the ... [+]
In June 2023, state elections officials revealed that the adult-use cannabis legalization proposal from Smart & Safe Florida had received enough signatures to qualify for the 2024 general election ballot. Before it could appear on the ballot, the initiative faced a review by the Florida Supreme Court, which is tasked with verifying that the measure is limited to a single issue and is not likely to confuse voters. In 2021, the Florida Supreme Court invalidated marijuana legalization bids on two separate occasions.
Ballot Measure Challenged By Attorney General
After the proposal received enough signatures to qualify for the ballot, state Attorney General Ashley Moody filed a challenge against the ballot measure, arguing that it should not appear before voters in this year’s general election ballot because the measure is likely to confuse voters.
“When voters decide whether to amend the Florida Constitution, it is essential that they know what they are voting for,” Kylie Mason, the communications director for Moody’s office, said in a statement cited by WFLA television news. “It is the duty of our office to address the validity of an initiative petition before it appears on a ballot. It is incumbent upon us to inform the Court when a ballot summary misleads voters about the effects of the proposed constitutional change.”
The proposed ballot initiative would allow the state’s current providers of medical marijuana, which was legalized in Florida in 2016, to begin selling cannabis to all adults aged 21 and up. Consumers would be permitted to purchase up to three ounces of marijuana at a time, including no more than five grams of cannabis concentrates. The bill does not include provisions to expunge past cannabis convictions or the home cultivation of marijuana, which activists feared would lead the Supreme Court to block the measure based on state laws that limit initiatives to a single subject.
The proposed constitutional amendment also allows state lawmakers to authorize additional adult-use cannabis business licenses, although there is no requirement for the legislature to do so. The initiative retains Florida’s current vertically integrated business structure, which requires operators to control the production and marketing of marijuana from seed to sale.
Legalizing recreational marijuana in Florida is widely supported by the state’s voters. More than one million voters signed petitions to place the measure on the ballot and a poll from the University of North Florida released late last year shows that 67% of voters support legalizing recreational marijuana in the state.
If the initiative is approved by Florida voters in the November general election, it will take effect six months after election day, adding the state to the list of states that have legalized recreational marijuana.
