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"We believe the language as written clearly complies with the requirements of the Constitution. Smart & Safe Florida spokesman Steve Vancore said the company disagrees with Moody's analysis. Supporters of the amendment blasted the state's arguments. The initiative should be stricken," the brief said. "In short, the Adult Personal Use of Marijuana amendment asks voters to make consequential changes to Florida's Constitution yet is not honest with them about what those changes would be. That would leave a "substantial period" for businesses to operate "unregulated in the recreational marijuana space." "But even to the extent the Department (of Health) can regulate this new industry, it cannot realistically do so before the amendment takes effect," the brief added. The proposal would expand on the current medical-marijuana language in the Constitution, which gives the Department of Health oversight of the state's marijuana industry.īut the state's lawyers argued the proposal, which would go into effect six months after passage, is misleading about regulatory oversight because it wouldn't specifically give state health officials authority over recreational marijuana operations. Moody's office argued that the proposal would mislead voters into believing it would result in more competition in Florida's marijuana market.Ĭurrently, only licensed operators are allowed to "engage in the marijuana trade" in Florida, the brief said, and the proposal wouldn't change that but would "at most" give the Legislature the authority to issue more licenses. The ballot summary also says the measure would allow current medical-marijuana operators, known as "medical marijuana treatment centers" and "other state licensed entities to acquire, cultivate, process, manufacture, sell and distribute" marijuana products and accessories and allow "consistent legislation." And the rampant misinformation in the press and being peddled by the sponsor of this initiative about its effects makes clarity all the more pivotal." More than 71 percent of voters approved the amendment.īut the state's brief Monday said "voters need clear guidance before being asked to lift state-law penalties for the possession of a substance that would subject users to devastating criminal liability under federal law. The Supreme Court in 2016 signed off on a proposed constitutional amendment allowing medical-marijuana use. "In previously approving similarly worded ballot summaries, the court erred." "That is incorrect and misleading," because marijuana remains illegal under federal law, the state's brief said. The ballot summary, in part, says the measure would allow "adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories" for non-medical consumption. In a 49-page brief filed Monday, lawyers in Moody's office argued that the "Adult Personal Use of Marijuana" proposal would mislead voters in several ways. Under the Florida Constitution, ballot initiatives must not be confusing to voters and must address a single subject. The court twice ruled that previous initiatives aimed at authorizing recreational use of marijuana did not meet constitutional muster. The Smart & Safe Florida committee needs the Supreme Court to sign off on the proposed ballot wording before the measure can go before voters. Trulieve, the state's largest medical-marijuana operator, had contributed $39 million as of the end of May to a political committee spearheading the effort to place the proposed amendment on the 2024 ballot. TALLAHASSEE - Attorney General Ashley Moody is urging the Florida Supreme Court to reject a proposed constitutional amendment that would allow recreational use of marijuana by people 21 and older, arguing a ballot summary would be "misleading to voters in several key respects."
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