Supporters of recreational marijuana in Florida are urging the state Supreme Court to ignore attempts by the Attorney General and business groups to keep legalization off the ballot, accusing opponents of trying to “deprive Florida voters” of the right to choose.
In a filing submitted late Friday, the political committee Smart & Safe Florida refuted claims that their proposed constitutional amendment is misleading. The 84-page brief argues that the ballot language clearly states its main purpose: allowing adults 21 and older to possess and purchase marijuana.
Old Fights and New Hurdles
The committee, which sponsored a similar measure that failed to reach the required 60 percent voter approval in 2024, claims opponents are “recycling” arguments the high court previously rejected.
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Leading the opposition are Attorney General James Uthmeier, the Florida Chamber of Commerce, and other groups. They argue the measure violates the Supremacy Clause of the U.S. Constitution because cannabis remains federally illegal. Smart & Safe Florida countered that states have successfully legalized the drug for 30 years without federal preemption overturning their laws.
The “Public Place” Dispute
A central point of contention is where smoking would be allowed. Opponents argue the ballot summary—which states smoking is barred “in public”—conflicts with the amendment’s detailed text, which bans it in specific “public places” like parks, beaches, and sidewalks.
Uthmeier’s office contends this distinction could mislead voters into thinking the ban covers all publicly accessible areas, including restaurants or hotels.
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Lawyers for the campaign dismissed this as unrealistic. “It is unrealistic, to say the least, that Whole Foods, AMC Theatres, or Gold’s Gym will suddenly allow patrons to smoke marijuana,” the brief stated, noting that the amendment preserves the right of private property owners to ban consumption on their premises.
A Race Against the Clock
As the legal battle heads toward oral arguments on February 5, the campaign is also racing to verify signatures. They must submit 880,062 valid signatures by February 1. While the campaign claims to have collected over 1 million, state records currently show about 675,000 verified.
This discrepancy has sparked a separate legal fight, with the campaign suing state officials for invalidating tens of thousands of petitions from inactive voters and out-of-state gatherers.
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