United States Supreme Court building — Courtesy: Shutterstock — Steve Heap
The Florida Supreme Court has until the end of the day to decide whether or not voters will be able to comment on two proposed amendments that deal with marijuana use for recreational purposes and abortion rights in November.
In regards to the citizen ballot initiatives, which would have otherwise qualified for the vote in 2024, the court decided not to make its opinions public on Thursday. Over the weekend and on Friday, the court was closed.
On Monday at 4 p.m., the court is scheduled to release its out-of-calendar opinions.
As the ballot’s gatekeeper, the Florida Supreme Court reviews every eligible citizen initiative to ascertain whether or not voters will be able to comprehend the ballot summary’s text. A proposed change also needs to be restricted to a particular topic.
The Florida Constitution would be amended to include the right to an abortion by ratifying Amendment 4, which would limit government interference with abortion. Part of the amendment would say, “No law shall prohibit, penalize, delay, or restrict abortion before viability.”
Proponents of abortion rights are keenly monitoring the high-profile case because they believe it could provide insight into future decisions on the 15-week abortion ban that Florida Governor Ron DeSantis signed into law in 2022. A more stringent six-week prohibition is being prevented from going into place by the lawsuit.
In a previous decision, the Florida Supreme Court upheld certain limitations on abortion, citing the state constitution’s privacy provision. Following Florida Attorney General Ashley Moody’s request that the proposed amendment be struck down by the justices, the supporters of the initiative made multiple references to the privacy clause in both their filings and oral arguments.
Nonetheless, the court’s composition has significantly shifted to the right in the years following its decision to reject abortion restrictions; DeSantis nominated five of the seven justices. Charlie Crist, the governor at the time, a Republican, benched the other two.
“Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption,” according to Amendment 3, Adult Personal consume of Marijuana.
Should Florida voters approve it, the only establishments authorized to legally sell cannabis would be Medical Marijuana Treatment Centers (MMTC). The medical marijuana industry leader in Florida, Trulieve, is a chain of dispensaries that provided significant funding for the push to place the proposal on the ballot.
A single MMTC license can fetch millions of dollars when it is put up for sale because there are only so many in existence. The adult-use marijuana initiative prohibits home cultivation of cannabis.
The state contended that the ballot language in the marijuana case is deceptive.
Chief Deputy Solicitor General Jeffrey DeSousa contended, “The sponsor has injected uncertainty and confusion about the interplay between the proposed amendment and federal law.”
Voters, according to supporters, are capable of making the choice.
John Dash, an attorney involved in the Smart & Safe campaign to legalize marijuana, stated, “Voters entering the voting booth, knowing they’re voting on changing the organic law of the state, will take that duty responsibly and seriously and really think about what they’re reading and this is what they want.”
Either of the issues on the ballot, according to political analyst Tara Newsome, will encourage voters to cast ballots.
“These are two of the most important issues to drive voters out. Because they care about access to marijuana use and reproductive rights, these are the kinds of issues that drive even the most laissez-faire voter out in an election year, in 2024, when we’re worried about voter apathy.”
In order for them to be approved, 60 percent of voters would need to vote “yes.”
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Born and raised in South Florida, Krystal is a recent graduate from the University of Miami with professional writing experience at the collegiate and national news outlet levels. She’s a foodie who loves all things travel, the beach, & visiting new places throughout Florida.