In Florida, a new battle surrounds the legalization of cannabis

Florida activists have collected enough signatures to qualify their cannabis legalization proposal for the November 2024 ballot. However, the campaign faces a legal challenge from the state attorney general, as in previous years.

The Trulieve cannabis company, which financially supports the Smart & Safe Florida campaign, has contributed more than $38 million to date.

«Our investment demonstrates our firm belief that Floridians are ready to experience the freedom to use cannabis for personal consumption; a freedom currently enjoyed by more than half of American adults,» said Kim Rivers, CEO of Trulieve, in a press release issued on Thursday.

«With more than 965,000 validated signatures from nearly every region of our state, it's clear that these voters share this belief. We're thrilled that the campaign has reached this milestone and look forward to seeing this initiative on the ballot this November.»

Legal ping-pong

The Florida Division of Elections, which updates the petition count at the end of each month, recently reported that it had verified the 967,528 signatures collected by the end of May, exceeding the required threshold of 891,523 signatures.

«There are a few steps before it goes on the ballot and gets a ballot number, but it has received the required number of signatures to begin that process,» Mark Ard, spokesman for the Florida Department of State, told MJBizDaily.

However, last month, Florida Attorney General Ashley Moody announced a legal action to disqualify the measure Smart & Safe Florida of the ballot. It argues that the initiative would violate the state constitution's single-issue rule for ballot measures. Proposals submitted for popular initiative must be narrowly focused on a particular issue.

Despite this opinion, the activists say they have carefully considered the measure and are confident that the court will recognize that it complies with constitutional requirements.

The Attorney General put forward the same argument against a legalization measure dating back to 2022, and then overturned by the Supreme Court. The Supreme Court will hear Moody's appeal as early as next month. Both parties are due to present their initial arguments to the Court on June 12, with oral arguments to follow.

What does Smart & Safe Florida have to offer?

Here's what the Smart & Safe Florida cannabis legalization initiative would enable:

• Adults aged 21 and over could purchase and own up to three ounces of cannabis (84 grams) for personal use. The ceiling for cannabis concentrates would be five grams.
• Medical cannabis dispensaries could «acquire, cultivate, process, manufacture, sell and distribute cannabis products and accessories to adults for their personal use.»
• The legislature would be allowed - but not required - to approve additional entities that are not currently licensed cannabis dispensaries
• The initiative specifies that nothing in the proposal prevents the legislature from «enacting laws consistent with this amendment.»
• The amendment further specifies that nothing in the proposal «changes federal law,» which seems to be an effort to avoid past legal challenges over misleading ballot wording
• There are no provisions for home cultivation, erasure of previous records or social equity.
• The measure would take effect six months after voter approval.

> More : Legalization of recreational cannabis in Florida before the Supreme Court