ACLU Backs Citizens’ Initiative for Recreational Cannabis in Florida, Challenges Supreme Court Review

LOS ANGELES– The American Civil Liberties Union of Florida (ACLU) has thrown its support behind a citizens’ initiative seeking to legalize recreational cannabis in the state. In a recent brief filed on Monday, the ACLU also criticized the Florida Supreme Court’s handling of proposed amendments and claimed that the court is not fulfilling its duty to review ballot summaries for potential misleading information.

The ACLU’s brief emphasizes that the Florida Supreme Court, legislature, and state officials have a responsibility to uphold ballot integrity but cannot impede the will of the people. However, it argues that the court has sometimes hindered citizen initiatives based on issues not grounded in the text of the Constitution, leading to inappropriate judicial review of the initiatives. The ACLU highlights that the court’s decisions have been inconsistent, resulting in significant costs to citizens.

Specifically, the ACLU contends that the requirements for drafting an initiative are excessively flexible, allowing the court to rule on the merits of a proposed amendment, which is constitutionally impermissible. The union stresses that the court should identify specific issues with each ballot initiative, enabling proponents to address them for the next election cycle, and make the process of drafting initiatives more transparent and straightforward.

Notably, Florida Attorney General Ashley Moody recently filed a brief outlining four reasons to strike down the cannabis legalization initiative. The ACLU argues that if Moody’s objections are not frivolous, the court should adjudicate them. However, if they are deemed frivolous, the court should state so, allowing the power to return to the people after the court’s review.

The citizens’ initiative is being led by Smart & Safe Florida, a non-profit organization that has received a $39 million investment from the medical cannabis provider Trulieve. The initiative aims to collect more than 1 million petition signatures to place the proposed amendment on the 2024 ballot.

Amid these developments, two Black farmers in Florida recently obtained medical cannabis licenses after experiencing years of delays. Florida Governor Ron DeSantis signed a bill to help Black farmers in the state acquire valuable medical cannabis licenses, while also allowing medical cannabis patients to renew their physician approvals via telehealth.

Furthermore, both the Florida legislature and Governor DeSantis’ office estimate that legalizing cannabis could generate annual sales tax revenue ranging from $195.6 million to $431.3 million, providing an additional financial incentive for considering cannabis legalization in the state.