Florida Supreme Court allows voters to decide fate of legalized marijuana use

Florida's Supreme Court on Monday cleared the way for the state's voters to approve, or not, recreational use of marijuana.

The justices found that a proposed constitutional amendment to "legalize personal use of marijuana by adults under state law," known as Amendment 3, met the legal obligations.

"Our role is narrow — we assess only whether the amendment conforms to the constitutionally mandated single-subject requirement, whether the ballot summary meets the statutory standard for clarity, and whether the amendment is facially invalid under the federal constitution," the justices wrote. "In light of those limited considerations, we approve the proposed amendment for placement on the ballot."

The proposal will legalize the "non-medical personal use of marijuana products and marijuana accessories by an adult" 21 or older if approved by 60% or more of statewide voters. It would take effect six months after the election.

Five justices ruled favorably on the measure while two opposed it.

The amendment was the subject of a multi-million-dollar campaign, spearheaded by Smart & Safe Florida, a group that's collected more than $40,000,000 in recent years for the purpose.

Immediate reaction was split.

David Goubert, CEO of cannabis-provider Ayr Wellness, said in a statement he was "pleased by the Florida Supreme Court’s historic decision to allow Florida voters the opportunity to decide on legalizing cannabis this November."

Goubert added: "We consider any step towards increasing access to tested, regulated cannabis a positive one."

One of the state's leading business organizations, however, said it would seek to convince Florida voters to say no to legalized marijuana.

“While we respectfully disagree with the court’s decision, the Florida Chamber will continue fighting to protect our constitution from out of state and special interests trying to buy their way into Florida’s Constitution. Recreational drugs, like pigs, don’t belong in Florida’s constitution.” said Mark Wilson, president & CEO of Florida Chamber of Commerce, in a statement.

Florida attorney general opposes recreational pot

Florida Attorney General Ashley Moody had argued against the ballot measure. She said it didn't overcome the threshold, accusing it of being misleading.

She also said it gave an unfair advantage to Trulieve, Florida's largest medical marijuana operator, which has contributed the vast majority of the funds for Smart & Safe Florida's campaign.

In a statement Monday afternoon, Trulieve CEO Kim Rivers applauded the decision, saying in an email, "We look forward to supporting this campaign as it heads to the ballot this Fall."

Medical marijuana came to Florida following a 2016 ballot measure that more than 71% of voters approved. Past polling has shown a wide swath of Floridians supporting the 2024 measure.

DeSantis had predicted the Supreme Court would OK the recreational marijuana measure but recently said he worried about the smell of the substance.

“I’ve gone to some of these cities that have had this everywhere, it smells, there’s all these things,” DeSantis said at a press conference in early March. “I don’t want to be able to go walk in front of shops and have this. I don’t want every hotel to really smell.”

DeSantis also said he was concerned that that the referendum, were it to pass, would prevent the state from placing restrictions on where and when marijuana can be consumed, even allowing it to be smoked near schools.

He said the amendment was written with "the broadest language I've ever seen."

Justice Meredith Sasso, a DeSantis appointee who was one of the dissenters, wrote that she believed the amendment misled voters. For example, she pointed to how the amendment said it "allows" recreational marijuana.

Moody had argued in court filings that it's incorrect for the petitioners to say the amendment is going to “allow” marijuana, even if it becomes legal in Florida, like it already is in more than 20 other states. That’s misleading, she says, since it’s unlawful federally.

But Grosshans wrote for the majority the "the summary is not misleading for failure to warn that theamendment only covers Florida law and not federal law," citing the court's previous medical marijuana rulings.

Antonio Fins is a politics and business editor at The Palm Beach Post, part of the USA TODAY Florida Network. You can reach him at afins@pbpost.com. Help support our journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Florida Supreme Court allows voters to decide fate of legalized marijuana use