The Florida Supreme Court, in a split decision, has given the green light to include a proposed constitutional amendment on the November ballot, aiming to legalize recreational marijuana. Trulieve, Florida's leading medical marijuana firm, has spearheaded the effort, investing over $40 million in getting the amendment before voters.
Attorney General Ashley Moody opposed the measure, contending it breached Florida's single-subject rule and could mislead voters. However, the court, in a 5-2 ruling, led by Justice Jamie Grosshans, deemed the proposal compliant with the narrow criteria for review.
Grosshans clarified, "Our evaluation is limited to assessing the single-subject requirement, clarity of the ballot summary, and facial validity under the federal Constitution. Based on these considerations, we approve the proposed amendment for ballot inclusion."
The decision was welcomed by marijuana businesses and advocates, including Trulieve CEO Kim Rivers, who affirmed support for the campaign. Despite Moody's argument that the proposal conflates decriminalization and commercialization, the majority opinion reasoned that these aspects align logically.
Justices Meredith Sasso and Renatha Frances dissented, asserting the proposal's failure to meet standards. Sasso argued it breached the single-subject rule and could mislead, especially regarding involvement of medical marijuana operators in the recreational market. Frances urged a narrower interpretation of the rule.
Acknowledging past inconsistencies in single-subject interpretations, Grosshans advocated for a balanced approach. Chief Justice Carlos Muniz suggested future amendments adhere more closely to the U.S. Constitution.
The proposal's appearance on the ballot follows eight years after Florida's approval of medical marijuana. Its passage requires 60% voter support. House Speaker Paul Renner expressed reservations, citing concerns over broad implications.
Brady Cobb of Sunburn Cannabis hailed the ruling as historic, emphasizing its personal significance. Matthew Schweich of the Marijuana Policy Project lauded the initiative's potential to end cannabis prohibition for millions.
Trulieve's substantial contribution to the Smart & Safe Florida political committee facilitated meeting petition requirements. Despite November arguments, the court's ruling came on the constitutional deadline.
