Florida Attorney General Asks Supreme Court to Block Marijuana Legalization Measure

Florida's Attorney General and anti-cannabis groups have asked the state Supreme Court to block a proposed constitutional amendment that aims to legalize recreational marijuana use in the state, as reported by Marijuana Moment.

 

Initiative and Process Context

The proposal, known as "Adult Personal Use of Marijuana", is being promoted by the Smart & Safe Florida group, which is seeking to qualify the measure for the November 2026 ballot. 

According to Marijuana Moment, the campaign recently claims to have collected over one million signatures, although this count is subject to official validation and various legal challenges. 

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The Florida Supreme Court has accepted the review of the text's constitutionality at the request of Attorney General James Uthmeier (R), with established deadlines for the parties to present their arguments: initiative proponents have until January 12 to respond, and opponents can file a reply by January 20.

Attorney General and Opposing Groups' Allegations

In the memorandum submitted to the court, the Attorney General and some organizations argue that the initiative presents structural and legal flaws, including: 

• Voting summary: opponents argue that the wording of the measure's summary could mislead voters about the actual effects of the text, especially regarding the prohibition of public consumption and other regulatory provisions. 
• Conflict with federal law: the initiative aims to establish an open regulated market for recreational cannabis in stark contrast to the current prohibition under the Controlled Substances Act (CSA). 
• Violation of the "single subject" rule: they claim that the proposed text covers multiple topics such as licensing, advertising, and business structure, in addition to simple legalization, which would violate the legal requirement that initiatives address a single subject.

Current Process Status

The court has scheduled the procedural timeline but has not set a date for oral arguments or a decision. Initiative proponents continue to collect and submit valid signatures as required by state law, while legal disputes over the invalidation of some signatures and the qualification process itself are ongoing.

In addition to the blocking request, the campaign has faced other legal actions related to the invalidation of thousands of signatures flagged by the state, as well as delays in the proposal's certification process. 

The legal challenges come amid a broader political landscape of debates on cannabis law reform in Florida, after a similar proposal in 2024 received a simple majority of votes but did not reach the required 60% threshold for approval.

With information from Marijuana Moment.