A.G. Gancarski
Florida’s Attorney General is squarely opposed to a proposed citizen initiative that would legalize marijuana in Florida.
In a 26-page brief filed to the Florida Supreme Court this week, Ashley Moody blasted the “misleading” language, raising concerns about how the proposed legalization measure would square with federal prohibition, which continues under the Joe Biden administration as it has for decades.
She also raises the issue of the amendment enriching Trulieve, which has plowed $38 million into the Smart and Safe Florida political committee leading the legalization effort.
Additionally, she raises concerns about the regulatory framework, which would expand the scope of the medical cannabis program.
“In the end, if the Sponsor wanted to abolish state-law barriers to recreational marijuana, the straightforward way would have been to erase the old medical regime and replace it with a recreational one,” Moody writes.
“It instead built recreational marijuana into the old regime. Why? Because the Sponsor is backed by an MMTC that already has a license and on day one will be able to sell recreational marijuana with no further steps required,” the AG adds. “And it advances that self-interest by concealing from voters that the amendment would expose them to federal criminal liability, would not enhance competition, and would leave recreational marijuana unregulated (and thus unsafe). This misleading ballot summary should not go before voters.”
Moody worries medical marijuana treatment centers, in a “worst-case scenario,” would concentrate production on the recreational market.
She devotes much of the brief to alleging defects in the language contemplated by sponsors.
“The ballot summary misleadingly suggests that the amendment ‘limits’ the scope of the immunity for possession, when it actually outright bans possession of more than 3 ounces,” the brief claims.
Moody also asserts the language gives the impression that a state constitutional amendment could change federal law. From that, a voter aware that federal penalties exist for marijuana possession might conclude that the proposed amendment, though not changing federal law itself, exempts Florida residents from federal law’s purview.”
The Adult Personal Use of Marijuana citizen initiative could lead to a constitutional amendment for voter consideration, with legalization in effect as soon as May 2025 if 60% or more of voters approve. More than a million Floridians have signed petitions supporting the proposal.
Moody had previously argued the “proposed amendment fails to meet the requirements of Section 101.161(1), Fla. Stat.” So her position here is no surprise and accords with the same opinion she had in 2019, the last time a citizens’ initiative sought to put the adult use question to voters.
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Jacob Ogles of Florida Politics contributed to this report.
10 comments
JD
August 3, 2023 at 1:10 pm
Let get to the point. Her crime family Florida GOP has yet put in place how they’ll best fleece the dispensaries for recreational pot is why she’s fighting the general populace on this. As soon as the legislature is in session and quietly passes laws funneling it into donors coffers she’ll go away on this measure the next time it comes up on a ballot initiative. Or they’ll then pass it in the legislature. It’s all about the control and power.
Crooks
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PeterH
August 3, 2023 at 1:26 pm
There is only one reason Ashley Moody objects to this referendum appearing on the 2024 voting docket; Young Americans, Democrats, and WOKE Independents will come out to vote!
Moody does not represent democracy or the residents of Florida. Ashley is in the pocket of Ron DeSantis. Florida’s attorney general’s office and legislature and has lost all credibility of independence.
Brian Kelly
August 3, 2023 at 1:30 pm
It’s time for us, the majority of The People to take back control of our national cannabis policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-cannabis, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.
Politicians who continue to demonize Cannabis, Corrupt Law Enforcement Officials who prefer to ruin peoples lives over Cannabis possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through cannabis home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose cannabis, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.
The People have spoken! Get on-board with Cannabis Legalization Nationwide, or be left behind and find new careers. Your choice.
Dont Say FLA
August 3, 2023 at 1:39 pm
Moody does not want weed because Moody does not want the competition at the snack machine.
Josh Green
August 3, 2023 at 2:02 pm
The party of “Small Government” and “Personal Freedom” has become the party of “Big Karen” and “STFU and do what we tell you”.
PeterH
August 3, 2023 at 2:24 pm
Good point!
My Take
August 4, 2023 at 4:42 pm
“Party of ‘Big Karen’ ”
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Silly Wabbit
August 3, 2023 at 3:39 pm
She kwazy.
Mark miller
August 3, 2023 at 7:14 pm
Another good church going self righteous Sarah sanders look a like with great values. Talk to your boss and tell him there is a small insurance crisis going on right now.
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