Supporters of a recreational marijuana ballot proposal in Florida are under pressure as they approach a significant deadline. With just weeks remaining until February 1, 2024, the political committee Smart & Safe Florida has filed a lawsuit against the state, alleging that Governor Ron DeSantis’ administration has failed to comply with legal requirements regarding the transparency of petition signatures.
The lawsuit, filed on January 5 in Leon County Circuit Court, calls for Secretary of State Cord Byrd and his office to regularly update and publicly disclose the number of valid petition signatures. For the past two months, the reported number has remained at 675,307, despite claims from Smart & Safe Florida that they have submitted over 1 million signatures, with more than 700,000 believed to be validated by local election supervisors.
Smart & Safe Florida aims to place the proposal, which would permit adults aged 21 and older to use recreational marijuana, on the ballot for the upcoming November election. To achieve this, the committee must gather at least 880,062 valid signatures, including meeting requirements in various congressional districts. The lack of updated information has led the committee to express frustration, stating that they are “essentially flying blind” regarding their status and planning.
Legal Disputes Intensify
The current legal battles come on the heels of earlier disputes over the validity of petition signatures. On January 5, Circuit Judge Jonathan Sjostrom set an expedited schedule for the case, with additional briefs due before the end of the week. The court is also navigating a separate issue where approximately 42,000 petitions signed by “inactive” voters were improperly invalidated according to Sjostrom’s ruling. However, he also upheld a decision to invalidate nearly 29,000 petitions collected by out-of-state petition gatherers.
As the deadline looms, elections supervisors are grappling with conflicting directives from Byrd’s office regarding the validation process. David Ramba, executive director of the Florida Supervisors of Elections association, noted that the process has become increasingly complicated, resulting in supervisors reviewing the same petitions repeatedly.
The legal scrutiny extends beyond procedural issues. James Uthmeier, DeSantis’ chief of staff and now the Attorney General, announced a “major escalation” in investigations concerning potential fraud related to the recreational marijuana initiative. His office has initiated 46 new criminal investigations and issued subpoenas for records from Smart & Safe Florida regarding potentially fraudulent petitions. The investigations revealed that about 50 petition circulators had submitted 14,500 petitions that raised significant concerns.
Uthmeier’s announcements point to a broader effort to challenge the recreational marijuana initiative, echoing the state’s strategy to prevent similar measures from gaining traction in the past. The committee has responded by stating their commitment to transparency and compliance with state laws.
Future Implications and Ongoing Appeals
As the litigation progresses, lawyers for both sides are preparing for potential appeals. Uthmeier’s office is advocating for the Florida Supreme Court to determine whether the proposed constitutional amendment meets the necessary requirements for ballot placement. Arguments are scheduled to be heard on February 5.
The ongoing legal disputes and investigations indicate a challenging path ahead for those advocating for recreational marijuana in Florida. With the February 1 deadline approaching, the political landscape remains tense as both sides prepare for the next steps in this contentious battle. As the situation continues to evolve, the implications for Florida’s marijuana policy could be significant, shaping the future of both the political arena and public opinion in the state.
