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Florida AG Asks State Supreme Court To Block Marijuana Measure on 2024 Ballot

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Florida continues defying its claim of being a “free” state in the latest act of trying to block a marijuana legalization measure set for the ballot in the 2024 general election

Ashley Moody, the attorney general of Florida, is asking the state Supreme Court to block a marijuana legalization ballot measure from the ballot in the 2024 general election. Smart & Safe Florida said that they collected enough signatures to qualify for the ballot next year but Moody transmitted a challenge to the high court with an opinion that challenges the potential constitutionality.

Smart & Safe Florida proposed a constitutional amendment that has far exceeded the 222,881 petition signatures needed to land on the ballot which also triggered the Supreme Court to review the measure. Secretary of State Cord Byrd confirmed that the committee has met the necessary requirements. But Moody took the committee to task. This isn’t the first time that Moody and her far-right alliance with controversial Gov. Ron DeSantis have taken issue with the potential for recreational marijuana sales in one of the most populous states in the union. The Florida Supreme Court, in a case like this, is tasked with reviewing whether any proposed amendment to the state’s constitution is limited to a single subject and whether ballot language is clear and concise.

Moody wrote in her filing to the Supreme Court that the proposed ballot measure that would amend the constitution fails to meet the requirements outlined by state statutes governing elections.

The measure is titled “Adult Personal Use of Marijuana” which would allow people who are aged 21 years or older “to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise. In the 2016 election, voters approved a constitutional amendment that now broadly allowed medical marijuana sales.

In addition to approval from the Supreme Court, the committee needs a total of at least 891,523 validated petition signatures to put the measure on November 2024 ballot. Florida’s Division of Elections lists 786,747 validated signatures as of recent numbers.

Safe & Smart Florida issued a statement in response to Moody’s filing in a report to Florida Politics, a local political news tabloid.

“We appreciate General Moody’s transmittal to the Supreme Court but respectfully disagree with her statement that she believes it does not comply,” the campaign said in an email to Jacob Ogles, an author for Florida Politics. “We very much look forward to her analysis but more importantly to both written and oral arguments before the Florida Supreme Court and a positive ruling from that court. As an aside, it is important to note that the opinion of the attorney general is not binding and that this matter will be decided after both sides have had their say before the court.”

Politics and public perception in Florida

Moody’s current attempt to block marijuana legalization on next year’s ballot goes against the views of the vast majority of Florida voters. In March 2023, the University of North Florida’s Public Opinion Research Lab conducted a statewide public opinion poll on political leanings in the state ahead of the 2024 presidential primary season that technically begins in 2023 into the new year.

For our readers who are based outside of the United States, presidential elections in this country are multi-billion-dollar affairs. Gov. DeSantis is a favorite to compete against former President Donald Trump in the race for Republican Party nominee. DeSantis, though not as loud and verbose as Trump, is just as extreme and has a reputation for discriminating against LGBTQ people, censoring his critics, doing everything in his power to limit tobacco harm reduction efforts, and taking a hardline stance against marijuana liberalization. I state this information for context, considering that the following data shows a significant disconnect between voters and the likes of DeSantis and Moody.

All respondents, according to a methodology document published by the research lab, were asked if they support or oppose the proposed amendment to the state constitution that would allow adults aged 21 years or older in Florida to purchase and possess small amounts of the drug for personal use. About 70 percent of the respondents said that they support marijuana legalization, either strongly or somewhat. Only about 29 percent said that they oppose the actual marijuana legalization ballot measure.

Data speaks for everything

“Efforts to put recreational marijuana in front of voters in 2024 are in the beginning stages, but support for it is high across the political spectrum,” said Dr. Michael Binder, PORL faculty director and professor of political science, in a March 2023 press release.

“If it makes it onto the ballot next year, and that’s a big ‘if,’ it has a good chance of reaching the 60 percent supermajority needed to pass,” Michael Binder said in the same press statement.

This state of high support among voters, based on other PORL polls, includes 76 percent in the Spring of 2022 and 64 percent in November of 2019. Pew Research Center reported in November 2022 that a share of U.S. adults, about 88 percent, say that marijuana should be legal for medical and recreational usage by adults. 59 percent said that it should be legal for recreational use, 30 percent for only medical use, and one in ten say marijuana should not be legal. Vast support for marijuana legalization is not inflated either. Florida’s elected leaders are avoiding these facts.

Smart & Safe Florida

Howard and David Bellamy are currently the leaders of the Smart & Safe Florida committee. In a press statement from a few weeks ago, Howard and David Bellamy said that the “new initiative in our home state of Florida to finally implement safe and common sense cannabis regulation.” “About three-fourths of Florida voters support legalizing marijuana,” they both said. “We are eager to spearhead this effort and hope you will join us to help our campaign and let freedom ring across the great state of Florida.”

Benefits of Marijuana Legalization

Legalizing recreational marijuana can create a new industry and generate significant economic benefits. This is the same case for Florida. Legalization can lead to job creation across a variety of sectors. These include cultivation, processing, distribution, and retail. Additionally, the regulated sale of marijuana can generate tax revenue for governments, which can be allocated toward any public services and programs. Supporters argue that individuals should have the right to make choices about their own bodies and personal recreational activities, as long as they don’t harm others.

Legalizing recreational marijuana can be seen as a step towards respecting freedom and reducing government interference in one’s private matters. It’s important to note that the impact of marijuana legalization can vary depending on the specific weed regulations that are currently in place, including age restrictions, licensing requirements, and limitations on public use. It is also crucial to carefully consider and address potential risks, such as impaired driving and the potential for increased marijuana use.

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