In a 5-2 ruling, the Supreme Court said the initiative’s language—wording that people see when they cast ballots—that it “permits” marijuana use by adults “misleads voters into believing that the recreational use of marijuana in Florida will be free of any repercussions, criminal or otherwise.”
The ruling came after Republican Attorney General Ashley Moody asked the court to advise whether the potential constitutional initiative would be suitable for a future ballot.
The proposed initiative, sponsored by Make it Legal Florida and titled “Adult Use of Marijuana” would have left it up to voters to decide whether or not to make it legal for Floridians 21 years or older to possess, use, purchase, display, and transport up to 2.5 ounces of marijuana and marijuana accessories for personal use for any reason.
It would also permit Medical Marijuana Treatment Centers to sell, distribute, or dispense marijuana and marijuana accessories if clearly labeled and in childproof packaging to adults.
However, it would prohibit advertising or marketing targeted to persons under 21 and use of marijuana in defined public places.
“A constitutional amendment cannot unequivocally ‘permit’ or authorize conduct that is criminalized under federal law,” said the majority opinion shared by Chief Justice Charles Canady and Justices Ricky Polston, Carlos Muniz, John Couriel, and Jamie Grosshans. “And a ballot summary suggesting otherwise is affirmatively misleading.”
Justices Allen Lawson dissented.
“Today’s decision underestimates Florida voters,” Lawson wrote in his opinion, “and adds hurdles to the citizen-initiative process that are not supported by the plain language of the governing law or our precedent.”
Justice Jorge Labarga also dissented but did not write an opinion.
Meanwhile, Moody’s office praised Thursday’s opinion.
The decision by the Florida Supreme Court comes as several states such as New Jersey, New York, Virginia, and New Mexico have moved to legalize recreational marijuana.
