Florida Supreme Court Rules Cannabis Legalization Summary 'Misleading,' Forcing Restart Of Prominent Ballot Initiative

Florida's push for adult-use cannabis legalization saw a substantial setback Thursday morning.

In a 5-2 decision, state Supreme Court justices ruled that advocacy group Make It Legal Florida's signature drive was invalid after its ballot summary was deemed misleading and unconstitutional.

What Happened?

State Attorney General Ashley Moody brought forth the petition against the drive and its summary. The AG objected to using the word "permits" and the distinguishing of federal and state law.

The majority of justices found that the drive's summary was misleading because it did not specify that the proposed activity would remain illegal under federal law.

Two justices dissented, arguing the bill implied it only covered state law but was ultimately defeated.

What This Means For Florida Cannabis Legalization In 2022

Make It Legal Florida must now restart its signature drive effort with a revised summary to qualify for the 2022 ballot--greatly diminishing the chances that Floridians will get to vote on adult-use legalization next year.

The group was well on its way to making the ballot before the ruling, amassing over 556,000 of the required minimum 891,589 signatures to qualify.

Signature drives must be complete and submitted by February 1, 2022, to qualify for the ballot.

The ruling strikes a significant blow to the state's cannabis reform movement. After almost making the 2020 ballot, advocates had appeared confident that 2022 would be the year.

In 2019, Governor Ron DeSantis proclaimed that the state would not legalize adult-use cannabis while he led the state. A Quinnipiac poll around the same period revealed that 65% of Floridians supported legalization.

In 2021, a poll commissioned by Florida For Care found that 76% of voters supported the measure.