Marijuana legalization initiatives have appeared on ballots for decades as the legalization of cannabis at various levels has spread across the country.
Florida appears to be on track to have a question about legalizing recreational marijuana on the ballot in 2024, but the initiative is being challenged by state Attorney General Ashley Moody. Here is what to know about the proposed ballot initiative.
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The proposed 2024 ballot initiative
The initiative is spearheaded by the group Smart and Safe Florida, which is led by country music artists Howard and David Bellamy, and pushes for “a safe and legal cannabis industry in Florida.”
“About three-fourths of Florida voters support legalizing marijuana. It is clear that Floridians are more than ready to pass the laws necessary to establish a safe, legal cannabis industry for adults over 21 that establishes straightforward penalties for illegal sale or distribution, or violation of the regulations enacted,” Howard and David Bellamy said in a statement announcing the initiative in 2022.
The proposed amendment to the constitution would allow for the recreational use of marijuana by adults 21 and older in the Sunshine State, which would put it in line with alcohol and tobacco laws in Florida.
Requirements to pass the initiative
To get the ballot question before voters, it will need to receive a number of signatures equal to that of eight percent of the votes cast in the last presidential election, which is equal to more than 885,000 people. The petition to get the marijuana question on the ballot currently has 786,747 signatures, per the Florida Division of Elections.
The ballot question must also be reviewed by the state Supreme Court to verify that it meets state statutes and is limited to single subjects.
To be amended to the constitution ballot initiative will need to receive at least 60% approval by the voters once it is placed on the ballot.
The challenge to the initiative by Moody
The initiative is set to be challenged by Moody, as she indicated in a letter submitting the proposed ballot question to the state Supreme Court for review.
“I believe that the proposed amendment fails to meet the requirements of Section 101.161(1), Fla. Stat., and will present an additional argument through briefing at the appropriate time,” Moody said in the letter.
Moody has not elaborated on how the initiative fails to meet state statutes but will have to present her argument before the court. A timetable for the review by the high court has not been set.
Previous marijuana legalization initiatives in Florida
Marijuana previously appeared on the ballot before voters in 2014 and 2016, when two separate initiatives asked whether the state should legalize medical marijuana in the Sunshine State.
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In 2014, amendment two failed to reach the 60% threshold to pass, with a 57%-42% majority voting to legalize medical marijuana, but two years later, in 2016, a similar amendment passed by a 71%-28% margin.
As of May 2023, 20 states and the District of Columbia have legalized recreational marijuana. The first states to legalize marijuana for recreational use were Colorado and Washington, after successful ballot initiatives.
