Justices on the Florida Supreme Court ruled that a proposed constitutional amendment legalizing adult-use marijuana sales will appear on the November ballot.
The majority decision rejects a challenge by the state’s Attorney General, who claimed that the ballot measure (Amendment 3) lacked clarity and violated the state’s single subject rule requirement. The AG successfully used similar tactics to invalidate a proposed 2022 legalization initiative.
In response to the court’s ruling, NORML’s Deputy Director Paul Armentano said: “A majority of Floridians, like most voters nationwide, support repealing our failed marijuana prohibition laws and replacing them with a system of legalization and regulation. Yet, their voice has consistently been ignored by lawmakers in Tallahassee. This is a long-overdue opportunity for them to finally make their voice heard where it matters — at the ballot box.”
Florida law defines the possession of more than 20 grams of marijuana as a felony offense, punishable by up to five years in prison. Those who possess lesser amounts are guilty of a criminal misdemeanor, punishable by a year in jail. For the past several years, state agencies have failed to provide comprehensive marijuana-related arrest data to the FBI. Historically, Florida was among the leading states in the nation in marijuana-related arrests.
Amendment 3 amends the state Constitution to allow existing medical cannabis facilities to engage in adult-use marijuana sales. Under the proposal, those 21 and older may legally possess up to three ounces of cannabis, of which not more than five grams may be in the form of concentrate. Home cultivation of marijuana for one’s own personal use is not permitted. The majority of funding for the measure was provided by the multi-state cannabis company Trulieve.
Because the ballot proposal is in the form of a constitutional amendment, it requires approval from a super-majority of voters (60 percent) to become law. In 2016, 71 percent of voters approved an amendment legalizing the use, production, and sale of medical cannabis products.
The full text of the Court’s opinion is available here. The text of Amendment 3 is available here.