Attorney Dustin Robinson's law firm is called Mr. Marijuana Law. Credit: OO&CO

The Main Obstacle—Florida Supreme Court Approval

With 22 million residents and 138 million annual tourist visits, Florida is poised to become the largest marijuana market in the world if adult-use marijuana passes. The obstacles that need to be overcome to make the proposed adult-use amendment a part of the Florida Constitution are as follows: obtain 222,881 voter signatures to qualify for review by the Florida Supreme Court; obtain approval of the language by the Florida Supreme Court; obtain 891,523 voter signatures to get the measure on the ballot; and once on the ballot, obtain 60% of the vote.

According to Smart & Safe Florida (the sponsors of the initiative), the initiative has already obtained over 891,523 voter signatures, which means it has obtained sufficient signatures to qualify for Florida Supreme Court review as well as to get the proposed amendment on the ballot if the Supreme Court approves the language of the proposed amendment. Additionally, based on recent polling in March 2023, it appears that Floridians would likely approve the adult-use measure if it makes it onto the ballot. Thus, the main (and potentially only) obstacle standing in the way of the adult use initiative is obtaining approval of the language by the Florida Supreme Court. This article seeks to provide an analysis of the likelihood of the Florida Supreme Court approving the proposed amendment.

The text of the proposed amendment, including the ballot title and ballot summary, can be found here.