On November 8, 2023, the Florida Supreme Court held oral arguments on the validity of a constitutional amendment initiative to legalize adult-use cannabis (case number SC2023-0682). The Florida Constitution requires the state’s attorney general to request an advisory opinion from the Court on the validity of any ballot initiatives. The Attorney General has taken the position that the proposed amendment does not meet statutory requirements.
Oral arguments largely centered on two issues, the first being whether the ballot summary is misleading for stating that it would “allow[] [existing] Medical Marijuana Treatment Centers [MMTCs], and other state licensed entities” to engage in the sale of and other activities involving adult-use cannabis. In the Attorney General’s view, as expressed during oral arguments by Florida’s Chief Deputy Solicitor General, this constitutes a “promise” that the amendment by itself cannot deliver, since additional legislative action would be required for “other state licensed entities” to exist. Stated differently, if adopted, the amendment would give rise to a new legal situation under which MMTCs could immediately sell adult-use cannabis, but any non-MMTC entity would still need to undergo a licensure process. As the passage of the amendment by itself would not bring about “other state licensed
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