Tampa Bay Times
TALLAHASSEE — Attorney General James Uthmeier and two major business groups have urged the Florida Supreme Court to reject a proposed recreational marijuana constitutional amendment, arguing it is misleading and conflicts with federal law.
Uthmeier, the Florida Chamber of Commerce and Associated Industries of Florida filed briefs Friday as the Supreme Court prepares to make a pivotal decision about whether the proposed constitutional amendment meets legal tests to go on the November ballot.
The political committee Smart & Safe Florida is sponsoring the proposal, which would allow people age 21 and older to use recreational marijuana. In addition to needing Supreme Court approval, Smart & Safe Florida must meet petition signature requirements by Feb. 1.
he Supreme Court is not supposed to consider the merits of proposed constitutional amendments but looks at issues such as whether wording is clear and whether proposals improperly deal with multiple subjects.
The brief filed by Uthmeier’s office called the pot proposal “fatally flawed.”
“It misleads voters in a way designed to garner greater approval, is flatly invalid under the federal Constitution and violates the single-subject requirement,” the attorney general’s brief said. “The (Supreme) Court should therefore strike the proposed amendment from the ballot.”
Uthmeier, who was then Gov. Ron DeSantis’ chief of staff, and the Chamber of Commerce were among leading opponents of a similar proposed constitutional amendment sponsored in 2024 by Smart & Safe Florida. The amendment fell short of receiving the required 60% voter approval to pass, leading Smart & Safe Florida to try again to pass an amendment in 2026.
In a statement Monday, Smart & Safe Florida pushed back against the opponents’ new briefs.
“In 2024, the Florida Supreme Court rejected nearly identical arguments, upheld a virtually identical amendment and again provided a clear roadmap for ballot approval,” the statement said. “We followed the Court’s guidance, and we anticipate they will again follow Florida law and approve the current ballot language. 5.9 million voters approved of the measure in 2024, and over a million Florida voters have signed petitions to put the current language on the ballot, we hope their voices won’t be ignored.”
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