I’m a full Florida native, having been born and raised in Tampa before adventuring outside this state. When I was a younger stoner I remember visiting an “arcade” that was really just a discreet room in a shopping strip mall stacked with underground vendors – jars of edibles, mushrooms, and ounces of weed…it was the most quantity I had ever seen. 

Fast forward to a few months ago, when I noticed a recently opened Cookies dispensary ten minutes down the road from me. Florida has come a long way, but what a long and strange trip it has been down the road to legalization.

Ironing Out the Details 

In the November election later this year, Florida will have a chance to expand its billion-dollar medical market to full recreational. Amendment Three, also known as the Marijuana Legalization Initiative, would allow adults over the age of 21 or older to buy and possess up to 3 ounces of product. 

This would grant existing licensed medical operators in the state to grow, manufacture, and sell to the new adult-use market. The details don’t clarify if it will open up licenses to new businesses. 

Earlier this year, State Attorney Ashley Moody argued that the Marijuana Legalization  Initiative was misleading and detrimental to the state’s legal market. The Florida Supreme Court overruled the State Attorney’s claims, ensuring Amendment 3 a place on the ballot. 

What You Need to Know Before Voting on Florida’s Amendment 3 

A recent poll surveyed 56% of Florida voters support this recreational bill, just shy of the 60% voter approval required for this Florida Amendment to pass. Not every legal cannabis state requires this voter approval rate, but only three states have been able to exceed it – Arizona, New Jersey, and Maryland. Will Florida follow suit?

Amendment 3 makes no mention of expungement of prior cannabis records or social equity reform. Home growing is not allowed in this initiative either – which is one of the many factors in this bill that have many of us in the Sunshine State conflicted. 

1) Trulieve’s Ticket

Smart & Safe Florida is a campaign in full support of this initiative. The campaign believes cannabis legalization will bring more transparent regulations and improve quality control. 

Over the past year, the campaign raked in $39.55 million solely from the biggest multi-state operator in the FL market: Trulieve. Since the legalization of medical cannabis in 2016, this mega-corporation has grown to have a huge influence on Florida’s market, despite Trulieve CEO Kim River and her husband’s scandalous way to the top (although Florida tends to wear political corruption with style). 

With Trulieve fully funding and supporting the initiative, many consider the company’s support of Amendment 3 a step towards dominating the potential recreational market.

2) Ready to Go Recreational 

Legalizing adult use of cannabis in Florida would turn the Sunshine State’s already billion-dollar medical program into one of the nation’s largest recreational markets.

Many brands like Cookies, Jungle Boys, and Planet 13 have moved in as Florida medical dispensaries. Over the years, I’ve often seen someone walk into one of these more “cannabis-branded” stores without a medical card hoping to buy an eighth. 

The state is ready to go recreational. Whether it will be a fair playing field is truly up to Florida lawmakers – who, in all honesty, don’t have a great track record for doing the right thing. Growing a legal market in Florida will require more than policymakers presuming what’s right for our industry. We need cultivators, processors, business owners, and consumers to speak out with a higher solution. 

3) “No Home Grow, No Vote” 

The Amendment’s prohibition of home grow has been a hot debate by many in the FL cannabis community. Many see this detail solely as an advantage to the already successful medical multi-state operators in the industry. 

Florida stoners who are against the bill argue that waiting until the next election cycle to legalize will give more opportunity and time for smaller businesses to write their own counter-proposal, which can include home grow details.

Around the same time Smart & Safe Florida was collecting signatures, the Home Cultivation for Medical Marijuana Initiative was campaigning for the right for adult patients to cultivate medical cannabis. This initiative was founded by Wise & Free Florida, a group advocating for patients’ freedom in growing medicine. When a representative from Trulieve was asked about their support of this initiative, their response was a “big thumbs up.” 

4) A Disgusted DeSantis

Since Amendment 3 was announced to hit the ballot this year, Florida’s Governor has not been shy about his dislike for psychoactive cannabis and all its potential. Governor Ron DeSantis openly discourages passing the bill, predicting that voters won’t surpass the 60% threshold. 

Gov. DeSantis has made it clear on his feelings about recreational cannabis, calling the proposal “radical” and arguing that it will “reduce the quality of life” in the state – questioning why people would want to “smell it in the streets when taking your family to dinner.” 

His complaints about the plant don’t end there though– the latest calculated move from his office threw a curveball that Florida’s industry did not see coming. 

5) The Hemp Curveball 

Florida Senate Bill 1698 is a proposed measure going after the Farm Bill loophole. It would ban hemp-derived cannabinoids like Delta-8 and Delta-10 THC. This bill would restrict Delta-9 THC products to 5 milligrams per serving or 50 milligrams per package. It’s clear this bill would severely shake up Florida’s established hemp industry. 

When SB 1698 was awaiting signature from Gov. DeSantis, it was hinted that his office would unexpectedly veto the bill under a leadership strategy akin to “the enemy of my enemy is my friend,” – hoping to pit the hemp industry against Amendment 3. Interesting. 

Soon after the Governor vetoed the bill, claiming, “Small businesses are the cornerstone of Florida’s economy…the bill would impose debilitating regulatory burdens on small businesses and almost certainly fail to achieve its purposes.” 

Right on, Ron – this veto saves hundreds of mom and pop shops and hemp cultivators. But I’m personally having trouble making sense of a Governor who is in such strong support of hemp but in bold opposition of cannabis. (Does somebody want to tell him both plants come from the same Cannabaceae family?)

Dazed, Confused & in Disbelief 

I don’t care whether you are someone who consumes consistently or just ‘know a guy’ you pick up from every once in a while. Whether you smoke or you don’t, understanding what Amendment 3 could mean for Florida is important for your future, our community, and the next generation. 

If I’m being honest to myself (and publicly to you all), I’m extremely torn about my stance on Amendment 3. Of course, I want it to be legalized in the state for adult use. I would love to see all non-violent criminals and those previously charged for the plant be free with expunged records. It would be incredible to see a market expand and open up jobs and opportunities for others in the community, not just those funded with oversized pockets. Let’s see less shame in the consumer game so I can enjoy my happy hour joint instead of gin, or so my Dad could walk into a dispensary to buy pre-rolls “just for fun.” Let’s shift the negative stigma and focus on better-quality products and resources. 

Given the complicated nature of cannabis and politics, is all of that really going to happen if this bill were to pass? Or will it only directly benefit corporate cannabis? 

For many of us Floridians, this feels like our one shot at legalizing cannabis in the state. Is it better to have one foot in the door than to be locked out completely? We’ll see what November brings. 

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Cannabis stocks spiked immediately after President Joe Biden announced the reclassification of cannabis from a Schedule I to a Schedule III drug, endorsing the Justice Department’s recommendation. 

Biden posted a video on X at 1 p.m. May 16, declaring that the U.S. Department of Justice would indeed reclassify cannabis, and within hours, cannabis-related stocks began rising amid the growing excitement.

“Today’s step is another historic step moving forward,” Poseidon Investment Management co-founder Emily Paxhia told Yahoo! Finance on an episode of Market Domination. “I think anything around cannabis reform has been very difficult for the past 10 years plus, obviously, and so anything that’s working through an ordinary process and following the steps as it should is very confirmatory.” 

Familiar names of bigger players in the industry are popping up. “We’ve seen increasing volumes in the top names in the industry,” Paxhia added.

Multi-state operators (MSOs) would benefit the most from the Schedule III classification, like Canopy Growth, Curaleaf Holdings, Green Thumb Industries, and Trulieve Cannabis, with operations in about three dozen states that allow cannabis sales. Shares of Canopy Growth, an enormous Canadian cannabis producer that trades on the New York Stock Exchange, rose 15%, to $11.95, after the tweet, Barron’s reports.

The reclassification of cannabis doesn’t fix the gap between federal and state law, and it sparked some negative feedback of a potential pharmaceutical takeover.

“On behalf of thousands of legal businesses operating across the country, we commend President Biden for taking this important first step toward a more rational marijuana policy,” said Aaron Smith, who heads the National Cannabis Industry Association. “Now it’s time for Congress to enact legislation that would protect our industry.”

Forbes reports that shares of Canopy Growth Corp. ended up closing at roughly $11, an increase of over 11% on the day to a one-month high. Canadian cannabis producer Aurora Cannabis’ stock rose nearly 7%, closing Thursday at nearly $8 per share. Cannabis product manufacturer Green Thumb Industries’ stock rose nearly 3%, climbing to a high of just over $13.

Shares of Trulieve Cannabis Corp rose as well to nearly 6% to just under $13 per share, while Tilray Brands’ shares increased by roughly 2.5% to just over $2 per share. Shares of Cronos Group also jumped over 4% on Thursday, closing at over $3 per share.

It’s important to keep in perspective the overall picture. Despite the recent gains seen by cannabis MSOs, several cannabis-related stocks are far below their 5-year highs. Curaleaf is down nearly 66% from its February 2021 high, while Tilray is down nearly 97% from its high from the same month, Reuters reports.

A 60-day commitment period will take place for a space for public input.

The Justice Department will take comments on the proposal after it appears in the Federal Register. A final rule would have to be issued before the reclassification would take effect. The process can be lengthy,  and it must undergo a public comment period before it can be implemented, which can take up to a year.

Tax Implications of a Schedule III Classification

Part of the excitement surrounding the reclassification move could be centered on the probate changes in tax policy that is near. Legal advisors are expecting the limitations of tax code Section 280E will change significantly now that cannabis is moving to Schedule III of the Controlled Substances Act

Duane Morris LLP & Affiliates, for instance, provided an explainer that indicates Section 280E provides that:

“No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.”

Once cannabis is rescheduled as a Schedule III substance, Section 280E will not apply to that company’s tax return and additionally, the company would no longer be banned from deducting expenses on tax returns like any other type of legal business.

Kilpatrick Townsend & Stockton LLP provided a Truth vs. Fiction article that explains  reclassification, in reality, it will probably take over a year for major changes to roll out. But one of the biggest lies or rumors, they explained, is that Schedule III will wipe out existing state cannabis markets. No one knows that at this point, and state cannabis markets have always operated in the gray market.

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The campaign to legalize cannabis in Florida is alive and well, as the state’s Supreme Court ruled earlier this month that voters will be able to decide the next chapter of cannabis reform on this year’s November ballot.

With an already bustling medical market, Florida’s potential move into the recreational cannabis space has been highly anticipated since the Sunshine State first moved to introduce medical reform in 2016. Cannabis businesses also have a hefty investment in the reform measure, with Trulieve contributing more than $40 million to the campaign, alongside an additional several million dollars from a handful of other medical cannabis treatment centers.

While the momentum ahead of Election Day feels significant, it’s possible that there may not be enough support to pass the measure under the state Constitution — at least when it comes to the results of a new poll.

The Latest Poll on Florida Adult-Use Cannabis Legalization

In Florida, measures must gain 60% support in order to pass. A new USA Today/Ipsos survey suggests that a majority of registered Florida voters, 56%, support the measure — along with 49% of Florida adults overall. Forty percent said that they would vote against it, and just 4% said that they were unsure.

Democrats and independents were most supportive of the measure (69% and 63%, respectively), while 39% of registered Republican voters  said they would vote in favor of the measure. The survey also found that support varied by region, with those in central Florida more likely to say they are in favor of recreational cannabis legalization than those in north or south Florida (54%, 49% and 38%, respectively).

While there are no differences in self-reported plans to vote for recreational cannabis legalization by gender or age, white Floridians were more likely than Hispanic Floridians to say they would vote in favor of recreational cannabis legalization later this year (55% vs. 32%, respectively).

The poll was conducted April 5-7 and included 369 Republicans, 264 Democrats and 316 independents.

Various Poll Results Point to Uncertain Outcomes

The poll is notable as the first to come out following the Florida Supreme Court’s decision to clear the measure for the ballot and reject the state attorney general’s constitutional challenge.

It’s also the most recent survey among a slew of similar recent efforts to gauge Floridian support of recreational cannabis, with varying results.

A November 2023 poll from the University of North Florida found that 67% of respondents said they would vote yes on a constitutional amendment to allow adults in Florida to purchase and possess small amounts of cannabis for personal use. It also notes that 70% of respondents supported recreational cannabis in Florida as of Spring 2023 along with 76% showing support in Spring 2022.

The most recent poll notably gave respondents the specifics of the proposed amendment, rather than simply asking if respondents supported or opposed legalization of recreational cannabis.

The measure, Amendment 3, would allow those over the age of 21 to possess up to three ounces of cannabis and five grams of cannabis concentrates. It would also allow existing medical cannabis dispensaries authorization to sell cannabis for adult use. The initiative is sponsored by Smart and Safe Florida.

The poll results represent some of the gaps Smart and Safe Florida must close to see legal recreational cannabis in Florida as the organization enters its next phase of outreach and education.

That said, Florida voters approved legal medical cannabis in 2016 with a vote of 71% to 29%. With more than six months until Election Day, it’s anyone’s guess how the cards will ultimately  fall.

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After a long legal battle, Amendment 3 will appear on the 2024 ballot. It needs the support of 60% of Florida voters in order to pass.

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The Florida Supreme Court recently decided in a 5-2 ruling that it will not be preventing an adult-use cannabis initiative from appearing on this year’s ballot. Later this year, voters will voice their opinion on “Florida Amendment 3, Marijuana Legalization Initiative,” where a “yes” supports legalizing adult-use cannabis and permitting possession of up to three ounces, and a “no” opposes adult-use legalization and all it would pertain.

This decision is the result of Attorney General Ashley Moody’s challenge of the initiative’s ballot language in summer 2023, arguing that the measure is misleading and doesn’t inform voters about federal prohibition. Moody also challenged a ballot initiative from 2022, to which the Supreme Court ultimately decided it was invalid.

The current initiative that will now be put in front of voters in November is backed by the advocacy group Smart & Safe Florida, which according to Politico, collected more than 1 million signatures to get the initiative onto the ballot. 

According to a written opinion from Justice Jamie Grosshans, the language doesn’t violate the single-subject rule, and is not too confusing for voters. “Selling and possessing marijuana appear, for better or worse, directly connected, and we cannot say that an amendment addressing both components violates the single-subject requirement,” the opinion stated. “We do not believe the summary would confuse a voter into thinking that the legislature is required to authorize additional licenses. It clearly states that the amendment legalizes adult personal possession and use of marijuana as a matter of Florida law.” Grosshans also addressed Moody’s claim that the amendment would require legislative decision in order to create adult-use dispensary licenses.

Smart & Safe Florida published a post on social media about the recent court ruling. “The court’s decision echoes our commitment to transparent ballot language and the right for voters to decide on vital issues. Here’s to progress and paving the path towards safer cannabis consumption for adults! #Yeson3”

A majority of the funds behind Smart & Safe Florida’s initiative came from the vertically integrated multistate operator, Trulieve, which granted more than $39 million to the effort. Trulieve is one of the largest cannabis companies in Florida, owning 131 of 618 medical cannabis dispensaries currently licensed in the state.

“We are thankful that the Court has correctly ruled the ballot initiative and summary language meets the standards for single subject and clarity. We look forward to supporting this campaign as it heads to the ballot this fall,” said Trulieve CEO Kim Rivers. “Trulieve was the primary financial supporter of the initiative during the signature gathering effort and subsequent court challenge and is a proud supporter, alongside a strong coalition of other companies, of the next important phase to educate Floridians on the amendment and secure a yes vote on Amendment 3 this November.”

In order for the initiative to pass this November, it will need 60% of voter approval, which would allow the state’s currently licensed medical cannabis companies to sell to any adult over 21.

Gov. Ron DeSantis took office in 2019, and shortly thereafter asked the legislature to repeal a ban on cannabis flower. Advocates and patients praised his support, and since then he has acted on that support to create strict rules to prevent medical cannabis advertisements in order to protect children.

However, DeSantis has made it clear that he does not support adult-use cannabis, calling it a “real problem” and referring to the plant as having a “stench.” He campaigned for president in 2023, and made claims that cannabis could be laced with fentanyl, and saying that he would not legalize adult-use cannabis if he were elected president. “Yeah, I would not legalize,” DeSantis said. “I think what’s happened is this stuff is very potent now. I think it’s a real, real problem and I think it’s a lot different than stuff that people were using 30 or 40 years ago. And I think when kids get on that, I think it causes a lot of problems. And then, of course, you know, they can throw fentanyl in any of this stuff now.”

Medical cannabis was legalized in Florida in 2016 with a 71.3% vote, and as of 2023, Florida had 871,000 registered medical cannabis patients, which is the highest number of patients in the country. According to Politico, the medical cannabis legalization effort was funded in majority by “Pot Daddy” John Morgan, who spent $7 million to push the initiative forward.

As of April 2, the Florida Supreme Court permitted a six-week abortion ban to take effect (which was signed by DeSantis in 2023). However, the court also approved a constitutional amendment to appear on the ballot that will ask voters to choose to decide on “Florida Amendment 4, Right to Abortion Initiative.” A “yes” vote would establish constitutional rights to abortion before fetal viability, while a “no” vote would oppose that constitutional right. “We’re thrilled the Court has let the voters decide the fate of abortion access in Florida,” said Laura Goodhue, Florida Alliance of Planned Parenthood Affiliates Executive Director. “This comes at the same time they have allowed a six-week ban to go into effect, making this initiative more important than ever.”

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The Georgia Department of Public Health (DPH) announced on Sept. 27 that its previously recorded data regarding the number of medical cannabis patients is actually less than expected.

The state found “anomalies” that inflated its patient and caregiver numbers, which originally was projected to be about 50,000 patients. This number was still taking into account patients whose cards have expired or those who have passed away since 2015, and now a more accurate 14,000 reflects the true patient count, according to The Atlanta Journal-Constitution.

DPH spokesperson Nancy Nydam further explained the cause of inflated numbers.

“DPH identified a number of anomalies within the registry data including patients with duplicate cards, patients who were counted as caregivers, expired cards that had not been renewed but remained in the system, and some patients who were deceased.”

The reason that this wasn’t discovered sooner is because this year, Georgia opened its first medical cannabis dispensaries. Two Trulieve dispensaries opened in late April, and there are now a total of six operating dispensaries.

Nydam added that DPH Commissioner Kathleen Toomey has since ordered an audit of the medical cannabis registry.

A brief review of the Low THC Oil Registry requires medical providers to remove patients once they stop receiving care, or pass away. The Atlanta Journal-Constitution notes that reporting this ceased after 2019 and during the COVID-19 pandemic, and there is no automated system to keep track of the patient or caregiver count.

Georgia’s medical cannabis program started in 2015 with “Haleigh’s Hope Act.” It permitted the use of medical cannabis to treat conditions such as end-stage cancer, Lou Gehrig’s Disease, seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s disease, and sickle cell disease. However, it didn’t implement any kind of protection for the patient, especially in expecting an employer to accommodate medical cannabis consumption.

Patients must receive approval from a physician in order to treat these medical conditions, and only have access to oil that contains no more than 5% THC. Cards only cost $25 for two years.

Botanical Sciences CEO Gary Long, head of one of the medical cannabis dispensaries in Georgia, explained his frustration for the inaccurate numbers. “It is disappointing to find out that the information the state has provided is inaccurate,” Long told The Atlanta Journal-Constitution. “Our focus should be on how we move past this in a cohesive way that increases awareness of this industry in our state and the availability of these therapeutic products for patients in need.”

In July, the DPH reported 30,600 active patients, when there are actually only 13,000. For caregivers who may legally obtain cannabis for a patient, there were an estimated 21,000. Now, the number has decreased to only 1,200. Additionally, an estimated 3,400 patients have passed away out of the 17,600 patients whose cards expired or were canceled.

The Atlanta Journal-Constitution reports that the DPH has made similar data collecting mistakes in regards to COVID-19 numbers. The news outlet pointed out how the list of children who died from COVID was incomplete and that drive-up testing sites weren’t recording accurate race data.

For cannabis though, the patient numbers have risen over the past few months now that medical cannabis dispensaries have begun operation. However, updated numbers won’t be provided by the DPH until the audit is complete.

Georgia Access to Medical Cannabis Commission Andrew Turnage commented on the rising number of patients. “The demand is certainly there for patients in need,” said Andrew Turnage, executive director for the Georgia Access to Medical Cannabis Commission. “We know there are a significant number of patients in Georgia with the appropriate and applicable diagnosis, but the registry growth is happening slower than anticipated.”

In the future, the DPH has already begun to fix the issue of deceased patients being counted as cardholders. Now the DPH also plans to analyze its data twice a year to remove expired cards, and no longer need it to be done by medical providers.

In August, The Atlanta Journal-Constitution reported that there’s a backlog of 558 medical cannabis applications waiting to be verified. One Georgia mother, Kim Srkiba, uses cannabis to treat her 24-year-old son’s seizures. She told the outlet that she applied for the card in April and didn’t get approval for more than four months. “I’ve been trying to skimp on it so that it would last. We’ve had a little bit of an increase in seizures, so that’s awful,” explained Skriba. “Life with a special needs child or adult is not easy. When the state makes things harder for you, it just adds difficulty and stress to the whole situation.”

At the time, DPH interim director of health protection Chris Rustin, expressed a need to expedite the process. “We had to make it much more convenient for the public to have access to pick up these cards,” Rustin said. “These improvements will certainly help us improve the process and issue these cards quicker for the public that needs it.”

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The Florida-based advocacy group Smart & Safe Florida (SSF) has been hard at work trying to get a cannabis legalization initiative on the ballot for 2024. The most recent developments include new briefs filed with the Florida Supreme Court.

On July 19, Smart & Safe Florida, alongside the Medical Marijuana Business Association of Florida and Cato Institute, filed a new brief with the Florida Supreme Court in response to Attorney General Ashley Moody who is challenging the initiative. The Supreme Court is labeling this as a “high profile case.”

In the brief, SSF states that the “roadmap” for previous cannabis ballot initiatives has been guiding cannabis reform, but that Moody is attempting to alter that process. “In the past several years, this Court has established a ‘roadmap’ for sponsors of marijuana-related ballot initiatives. In drafting the Initiative, SSF followed that clear roadmap. But the Attorney General and other opponents now argue that this court should abruptly redraw the map,” the brief stated. “The Attorney General’s lead argument is that this court should discard three of its recent precedents—precedents that it expressly encouraged ballot sponsors to use as blueprints for drafting future initiatives.”

In attempting to “redraw” this initiative map, SSF claims that Moody is suggesting that the Supreme Court “…abandon the deferential standard of review that it has consistently applied to ballot initiatives for decades, essentially arguing that this Court committed legal error in dozens of decisions, and that it should invent a new, more lenient standard for discarding precedent.”

SSF is asking the Supreme Court to “reject these misguided efforts to jettison established legal rules in service of a thinly veiled policy agenda,” and to confirm that SSF’s initiative “satisfies the legal requirements to be placed on the ballot.”

Medical Marijuana Business Association of Florida and Cato Institute also issued individual briefs as well.

The Medical Marijuana Business Association of Florida said that Moody’s argument is “misleading because it fails to disclose that there may be a significant period in which the marijuana industry will be unregulated in the production of marijuana for non-medical personal use by adults, ignores the current regulatory scheme that would remain in place, is speculative, and is belied by Florida’s history of robustly regulating marijuana.” The organization asserts that the ballot title and summary are not misleading, and should be approved.

The Cato Institute’s brief argues that the ballot initiative does not violate the state’s single subject rule for ballot initiatives.

In order for SSF’s ballot to fully qualify, it will need to submit 891,589 valid signatures. In March, SSF submitted 420,000 signatures toward the initiative’s goal to qualify for the ballot, but only 222,881 signatures were required to prompt a Florida Supreme Court review of the ballot summary text in order to move forward.

Two months later in May, Moody submitted her opinion that the ballot doesn’t meet the requirements of the single subject rule. “We very much look forward to [Moody’s] analysis but more importantly to both written and oral arguments before the Florida Supreme Court and a positive ruling from that court,” SSF said at the time. “As an aside, it is important to note that the opinion of the Attorney General is not binding and that this matter will be decided after both sides have had their say before the Florida Supreme Court.”

By June, Moody officially challenged the initiative with a legal opinion that the ballot title and summary is “incorrect and misleading” because cannabis is still illegal under federal law. Previously, Moody also called a ballot initiative from 2021 “misleading” and the Florida Supreme Court rejected the measure.

Cannabis company Trulieve has granted a total of $39.05 million toward getting a legalization initiative onto the ballot in 2024. 

If the initiative is allowed to proceed to the ballot and is approved by voters, it would allow currently operating medical cannabis businesses to sell adult-use cannabis, but also allow state legislators to increase the number of dispensaries. For residents, it would allow adults to possess up to three ounces of flower and up to five grams of concentrates, but in its current form does not allow home cultivation and does not mention anything in regards to cannabis conviction expungement or social equity licensing.

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Florida Attorney General Ashley Moody on Monday filed a challenge to a proposed ballot measure to legalize recreational marijuana with the state Supreme Court, arguing that the initiative should not appear before voters in next year’s general election. If successful, the proposed amendment initiative from the group Smart & Safe Florida would legalize cannabis for all adults aged 21 and up. 

In a legal opinion filed with the Florida Supreme Court on Monday, Moody, a Republican who has been the state’s attorney general since 2019, argued that the proposed marijuana legalization ballot measure is misleading to voters. In the brief, she notes that according to the ballot summary, the proposed initiative would permit “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories” for non-medical consumption.

“That is incorrect and misleading,” because marijuana remains illegal under federal law, she wrote in the state’s brief. “In previously approving similarly worded ballot summaries, the court erred.”

“[M]arijuana is independently prohibited by federal law,” the brief notes, as cited by the Orlando Sentinel. “Indeed, every individual who possesses marijuana under the scheme provided by the proposed amendment would become a federal criminal.”

The ballot summary notes that the initiative does not change federal law, but that language is “inadequate to resolve the confusion,” Moody wrote in the brief.

To qualify for the ballot, the proposal must first be approved by the Supreme Court and receive nearly 900,000 verified signatures from registered voters. If the initiative survives the challenge by Moody, it must receive at least 60% of the vote in the 2024 general election to become law.

Medical Marijuana Legalized In 2016

In 2016, the Florida Supreme Court approved a medical marijuana legalization ballot measure that went on to garner 71% of the vote at the polls in that year’s election. But in her legal brief, Moody wrote that “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. 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.”

In a 5-2 decision in 2021, the Florida Supreme Court rejected a proposed recreational marijuana initiative that was challenged by Moody. The same year, the court also rejected a second adult-use cannabis ballot proposal in a separate decision.

Campaign Responds To Challenge

After Moody filed the brief challenging the proposal, Smart & Safe Florida spokesman Steve Vancore said the campaign does not agree with Moody’s assessment of the ballot measure.

“We believe the language as written clearly complies with the requirements of the Constitution. We look forward to bringing this matter to the Florida Supreme Court and are confident that the court will conclude that there is no lawful basis to set aside the ballot initiative,” Vancore said in a public statement. “This important issue should be entrusted to the citizens of Florida — over a million of whom have already signed the Smart & Safe Florida petition saying they support it — to decide for themselves through democratic choice.”

Daniel Russell, an attorney specializing in cannabis law, accused Moody of politicizing the issue.

“This document is more Fox News fear-mongering intended to produce goodwill from ‘the base’ than a legal document filed by Florida’s chief legal officer on behalf of the state’s 22 million residents,” Russell told The News Service of Florida in an email. “It reeks of conservative nonsense and Nixonian views on a substance that is legalized for recreational use in 23 states, three U.S. territories, and the District of Columbia. I believe that the Supreme Court of Florida will see this for what it is and allow voters to decide the next steps for Florida’s future.”

Proposal Would Legalize Weed For Adults in Florida

The proposal from Smart & Safe Florida would allow the state’s current providers of medical marijuana to begin selling cannabis to all adults aged 21 and up. Consumers would be permitted to purchase up to three ounces of marijuana at a time, including no more than five grams of cannabis concentrates. The proposed constitutional amendment ballot measure allows state lawmakers to authorize additional adult-use cannabis business licenses, although there is no requirement for the legislature to do so. The initiative also retains Florida’s current vertically integrated business structure, which requires operators to control the production and marketing of marijuana from seed to sale.

The Smart & Safe Florida campaign is sponsored by Trulieve, the state’s largest medical marijuana provider, to the tune of contributions totaling more than $38 million, according to data from the state Division of Elections. Earlier this month, Trulieve announced that the proposal had received enough signatures from Florida voters to qualify for the 2024 general election ballot.

“Our investment demonstrates our firm belief that Floridians are ready to experience the freedom to use cannabis for personal consumption; a freedom which is currently enjoyed by more than half of America’s adults,” Trulieve CEO Kim Rivers said in a statement from the company on June 1. “With over 965,000 validated signatures from nearly every part of our state, it is clear these voters share that belief. We are thrilled the campaign has made this milestone and look forward to seeing this initiative on the ballot next November.”

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Regulators in Georgia have opened the door for medical cannabis patients in the state to have far greater access to treatment. 

The state Board of Pharmacy “has released a set of regulations that will allow Georgia’s independent pharmacies to dispense cannabis oil to eligible patients enrolled in a registry maintained by the state Department of Public Health,” according to Northwest Georgia News.

The outlet reports that state regulators have “granted manufacturing licenses thus far to two companies.” 

“Trulieve Georgia and Botanical Sciences LLC have begun producing cannabis oil and have opened dispensaries in Marietta and Macon, with more to come,” according to the outlet. “Separate from those dispensaries, the 2019 law also authorizes independent pharmacies to sell cannabis oil to eligible patients.”

“This gives an opportunity for virtually every community to have access,” said Andrew Turnage, executive director of the Georgia Access to Medical Cannabis Commission, which oversees the medical cannabis program, as quoted by Northwest Georgia News. 

“They set a pathway for independent pharmacies to apply and subject these pharmacies to inspection and regulation for this medicine,” he added.

Lawmakers in the Peach State first legalized medical cannabis treatment with the passage of Haleigh’s Hope Act in 2015, which granted eligible patients access to low-THC cannabis oil. 

The state General Assembly followed that up with “Georgia’s Hope Act” in 2019, “which authorizes the Georgia Access to Medical Cannabis Commission to oversee the regulated licensing of limited, in-state cultivation, production, manufacturing, and sale of low-THC oil as well as dispensing to registered patients on the state’s Low-THC Oil Registry,” according to the state Access to Medical Cannabis Commission’s official website. 

After Republican Gov. Brian Kemp signed the bill into law that spring, the commission was “administratively attached for budget, procurement, and human resources support…to the Office of the Georgia Secretary of State,” the government website says.

According to the website, patients with the following conditions are eligible for cannabis oil prescriptions: “Cancer, when such diagnosis is end stage or the treatment produces related wasting illness or recalcitrant nausea and vomiting; Amyotrophic lateral sclerosis, when such diagnosis is severe or end stage; Seizure disorders related to diagnosis of epilepsy or trauma related head injuries; Multiple sclerosis, when such diagnosis is severe or end stage; Crohn’s disease; Mitochondrial disease; Parkinson’s disease, when such diagnosis is severe or end stage; Sickle cell disease, when such diagnosis is severe or end stage; Tourette’s syndrome, when such syndrome is diagnosed as severe; Autism spectrum disorder, when (a) patient is 18 years of age or more, or (b) patient is less than 18 years of age and diagnosed with severe autism; Epidermolysis bullosa; Alzheimer’s disease, when such disease is severe or end stage; AIDS when such syndrome is severe or end stage; Peripheral neuropathy, when symptoms are severe or end stage; Patient is in hospice program, either as inpatient or outpatient; Intractable pain; [and] Post-traumatic stress disorder resulting from direct exposure to or witnessing of a trauma for a patient who is at least 18 years of age.”

But the state’s thousands of eligible patients were unable to obtain the cannabis oil until earlier this year, when the first two medical cannabis dispensaries opened for business last month. 

Trulieve, a medical cannabis company, operates both of those dispensaries, which are located in the towns of Macon and Marietta.

“We believe that access to medical cannabis improves lives, and Trulieve is proud to be the first to provide that access to the state of Georgia,” said Trulieve CEO Kim Rivers in a press release at the time of the opening. “We look forward to providing high quality products and an elite experience.”

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The political committee Smart & Safe Florida is sponsoring the “Adult Personal Use of Marijuana” proposal, which obtained well over the required 222,881 petition signatures to trigger an imperative Supreme Court review. 

On Monday, Florida Attorney General Ashley Moody (R) formally submitted the proposal to the court, along with her opinion that it does not meet legal requirements to land on next year’s ballot. The Supreme Court reviews initiatives, specifically ensuring that constitutional amendments are limited to single subjects and that they contain clear language.

Moody has specifically claimed that the initiative violates the state Constitution’s single subject rule, requiring ballot proposals to focus on a single, individual issue only. Moody previously made the same argument about a 2022 legalization measure, which the Supreme Court ultimately invalidated.

“In accordance with the provisions of Article IV, section 10, Florida Constitution, I respectfully request this Court’s opinion as to whether the proposed amendment ‘Adult Personal Use of Marijuana’ complies with the single-subject requirement of Article XI, section 3, Florida Constitution, and whether the ballot title and summary of the amendment complies with the substantive and technical requirements in section 101.161(1), Florida Statutes,” Moody’s new court filing reads. “I believe that the proposed amendment fails to meet the requirements of Section 101.161(1), Fla. Stat., and will present additional arguments through briefing at the appropriate time.”

Activists countered with a statement shared Tuesday, sharing their appreciation for Moody’s transmittal to the Supreme Court while they “respectfully disagree with her statement that she believes it does not comply.”

“We very much look forward to her analysis but more importantly to both written and oral arguments before the Florida Supreme Court and a positive ruling from that court. As an aside, it is important to note that the opinion of the Attorney General is not binding and that this matter will be decided after both sides have had their say before the Florida Supreme Court,” reads a statement from the Safe & Smart campaign. 

Trulieve spokesman Steve Vancore also shared the company’s belief that “the ballot language meet’s Florida’s single subject and related laws.” Trulieve is the largest cannabis producer in Florida and has put more than $38 million to date behind the effort to put adult-use cannabis in front of voters in the state.

“As a majority of American adults now enjoy the freedom to use cannabis for personal consumption, we hope the court will agree that the Smart & Safe amendment meets Florida’s ballot sufficiency laws and will allow the voters to have a vote on this important matter,” Vancore said. 

The Safe & Smart committee needs both Supreme Court approval and at least 891,523 validated petition signatures for the measure to land on the 2024 ballot. According to the state’s Division of Elections website, the committee had 786,747 signatures as of Tuesday.

Under the initiative, adults over the age of 21 would be allowed “to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise.” Additionally, the proposal allows state-licensed medical cannabis operators — of which there are currently 22 — to “acquire, cultivate, process, manufacture, sell and distribute such products and accessories.” 

The initiative does not allow for residents to grow at home for personal use. Should the initiative make the ballot, it must receive approval from 60% of voters to be enacted, since it’s a constitutional amendment.

A poll published by the University of North Florida’s Public Opinion Research Lab (PORL) in February also found that 70% of respondents supported the measure, either “strongly” or “somewhat.”

“Efforts to put recreational marijuana in front of voters in 2024 are in the beginning stages, but support for it is high across the political spectrum,” said Dr. Michael Binder, PORL faculty director and professor of political science. “If it makes it onto the ballot next year, and that’s a big ‘if,’ it has a good chance of reaching the 60% supermajority needed to pass.”

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