Moody calls marijuana ballot summary ‘misleading’ in state Supreme Court filing
TALLAHASSEE, Fla. (FLV) – Florida Attorney General Ashley Moody called on the Florida Supreme Court to advise on a ballot summary for voters about the legalization of marijuana in the state, which Moody called “misleading.”
An Adult Personal Use of Marijuana ballot summary instructs Florida voters that a proposed amendment would “allow adults 21 years or older to possess, purchase, or use marijuana.”
However, Moody said in her 49-page briefing, dated Monday, the ballot summary is misleading because marijuana would “remain criminal under federal law.”
“And the rampant misinformation in the press and being peddled by the sponsor of this initiative about its effects makes clarity all the more pivotal,” Moody said in the briefing.
She argued the ballot summary also “misleadingly suggests” that it allows other state licensed entities, beyond medical marijuana treatment centers to enter the marijuana trade.
She said Floridians would “likely care about this issue” because greater competition in the marijuana marketplace would decrease retail prices.
However, Moody’s argument said only medical marijuana treatment centers are licensed to engage in the marijuana trade in Florida and that the amendment “would not change that.”
The power to license more marijuana distributors is up to the legislature and not with the ballot, Moody exclaimed.
Moody also argued that though the proposed amendment would expand the recreational uses of marijuana, it would not extend the Department of Health’s authority over that use.
She said the amendment would not grant any other regulatory agency authority to oversee medical marijuana treatment centers in their recreational business, “yet the summary says nothing of this.”
“Thus, voters [….] would assume that the proposed amendment would extend the Department’s regulatory authority to recreational marijuana—which it does not,” Moody said.
She said the summary “fails to tell voters” that this process is “no small task” and the Department of Health and the Legislature would not be able to regulate the industry for “at least some substantial period.”
“The ballot language is therefore misleading for the additional reason that it suggests MMTCs will be ‘licensed’ (and thus regulated) in their recreational marijuana operations while failing to disclose that there may indeed be a significant period when that is not the case,” Moody said.
“The Adult Personal Use of Marijuana ballot summary is misleading, and the initiative does not belong on the ballot,” Moody concluded.
The ballot, if passed, would allow adults 21 or older to “possess, purchase, or use marijuana products and marijuana accessories” and is funded by Truelieve, the “largest medical marijuana operator” in the U.S., according to the company’s website.
This week, Gov. Ron DeSantis signed a bill that allows patients to use telehealth to receive a physician certification to use medical marijuana.
To obtain medical marijuana, a qualified patient must have a physician certification from a qualified physician and an identification card from the Department of Health.
