Recreational marijuana in Florida: What to know as Florida Supreme Court hears arguments

Editor's note: A section that included language from a previous rejected ballot measure was removed.

Justices on Florida’s Supreme Court heard arguments on Wednesday debating whether a proposed recreational marijuana amendment can appear on the ballot in 2024.

The proposed amendment seeks to authorize the use of recreational marijuana for people 21 and older while also allowing individuals to possess up to 3 ounces of marijuana. It is sponsored by Smart & Safe Florida, which is backed by the state’s largest medical marijuana producer, Trulieve.

The organization already collected more than 1 million valid signatures, surpassing the more than 891,000 required to qualify for the ballot by February and ultimately be on the 2024 ballot.

Florida Attorney General Ashley Moody challenged the proposed amendment, asking the Supreme Court to weigh in on whether it was valid.

If the Supreme Court rules in favor of the initiative, Florida’s 13 million voters will decide whether to legalize marijuana. Here's what to know about the case and what the initiative entails, as well what Florida's current laws look like regarding pot.

Debate on Florida pot: Florida Supreme Court hears challenge to recreational marijuana amendment

Watch the Florida Supreme Court oral arguments in the marijuana legalization ballot case in the video below:

What is marijuana?

Marijuana. Weed. Maryjane, ganja and pot. It goes by many names but before discussing what Florida wants to do with it, what is it exactly?

Marijuana is a greenish-gray mixture of the dried flowers of Cannabis sativa, according to the National Institute of Drug Use.

The main psychoactive chemical in marijuana, responsible for most of the intoxicating effects that people seek, is delta-9-tetrahydrocannabinol, or THC. The chemical is found in resin produced by the leaves and buds primarily of the female cannabis plant.

The plant also contains more than 500 other chemicals, including more than 100 compounds that are chemically related to THC, called cannabinoids.

Why is Moody challenging the recreational marijuana bill?

According to Politico, Moody's attorneys claim that the language of the initiative fails to explain that marijuana is still prohibited under federal law. Chief Deputy Solicitor General Jeffrey P. DeSousa claimed that the ballot's summary was misleading and deceived voters.

"What they should have said is the amendment eliminates state law penalties and liability for certain uses of marijuana. That's far more accurate," DeSousa said during the hearing. "They don't want to do that because it's less sexy, less appealing to voters."

DeSousa and Samuel Salario, an attorney for the Florida ChambeCelerio representing the Florida Chamber of Commerce, also argued that the measure violates a requirement that ballot initiatives must stick to a single subject.

According to past reports, Moody has voiced that the measure would help Trulieve continue its dominant position in Florida, where Tallahassee Democrat reported that the recreational marijuana market could be worth as much as $1.7 billion according to state economists.

How did the justices, Smart & Safe react to this?

After hearing remarks from the state, the justices appeared to favor the amendment. Chief Justice Carlos G. Muñiz disagreed with the claim that the language was unclear in the amendment's summary.

“It seems like it wasn’t an unreasonable choice to put that in the substantive part,” Muñiz said. “I just can’t see how that wouldn’t be reasonable.”

The Smart & Safe campaign released a statement following Wednesday's hearing, saying:

“We believe that after today’s oral arguments, it is clear that the language was drafted to conform to the roadmap that the Court itself has provided in prior cases. We hope that the Court agrees that the language strictly adheres to the law and will allow the citizens of Florida to exercise their sovereign right to decide whether to amend their constitution.”

Trulieve, who is backing Smart & Safe, released a statement of their own saying:

“We believe that the campaign’s lawyer properly conveyed their case to the Court and remain hopeful that the justices will ignore the political rhetoric, stick to the law and give Floridians the opportunity to vote on this important initiative.”

When might recreational marijuana be on the Florida ballot?

Florida residents might see recreational marijuana on the ballot in Florida as an initiated constitutional amendment on Nov. 5, 2024, the same day as the presidential election.

When do justices have to decide on the initiative's outcome?

It's not clear when the court will rule on the challenge to the ballot language summary. The Florida Supreme Court has until April 1 to hand down a decision on the case.

However, if no decision is handed down, then the measure would be cleared to be on next year’s ballot.

If it the amendment does pass, does it instantly become legal to smoke marijuana the next day?

Don't grab your joint papers just yet. If the amendment passes, it won't be instantly legal to go purchase marijuana, as legislatures usually have to go through steps to incorporate it into the state constitution.

There might also be legal challenges that could slow that process down, such as legislatures working against it.

What does Florida's potential new recreational marijuana ballot measure legalize?

The Tallahassee Democrat reported that the ballot seeks to legalize marijuana for adults age 21 or older for personal use, to possess, use, process and transport marijuana, marijuana products and accessories. Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use.

The amendment would not affect or repeal Florida Statutes 112.0455 2020, known as the Drug-Free Workplace Act. It also would not give immunity to federal laws.

It's important to note that the legalization of recreational marijuana would not include any required accommodations for any on-site use of marijuana in correctional institutes, detention facilities, places of education, employment or smoking marijuana in public places.

It will still be unlawful to operate any vehicle, aircraft, train or boat while under the influence of marijuana.

The petition can be read in full here, which fully outlines the proposed constitutional amendments.

Is recreational marijuana federally legal?

No, recreational marijuana is still illegal at the federal level. According to U.S. News, marijuana is classified at the federal level as a Schedule I drug under the Controlled Substances Act, meaning that the government believes it to have no medical use and a high potential for abuse. Cultivating, distributing and possessing marijuana violates federal drug laws.

However, the recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C. so far.

On Oct. 6 of last year, President Biden announced he was pardoning people with federal convictions for simple possession of marijuana, USA TODAY reported. The president's pardon also blocks future federal prosecutions for simple possession.

Is marijuana legal at all in Florida?

Marijuana is only legal in Florida once a person has obtained a Medical Marijuana Use Authorization, as outlined in Chapter 381 in Florida Statutes. This law also includes regulations for a user registry, caregiver possession, and treatment centers for purchasing consumable marijuana.

Medical marijuana was adopted by Florida voters back in 2016 by a vote of 71% to 29%.

What are Florida's current marijuana laws?

While medical marijuana is legal in Florida, there are still many laws in place that prohibit the possession, selling and transporting of marijuana, marijuana products and accessories.

Florida marijuana possession laws

Possession charges can have a wide range of penalties. Possessing 20 grams or less is a misdemeanor charge that could lead to one year of jail time and a $1,000 maximum fine. Possessing more than 20 grams becomes a felony and could result in up to five years in jail and a $5,000 fine. Incarceration times go all the way up to 30 years and fines can reach as high as $200,00.

Possessing marijuana within 1,000 feet of a school, college, park or other specified areas is a felony with a mandatory three-year jail sentence and fines up to $10,000.

Possession of paraphernalia is a misdemeanor crime punishable by up to a year in jail and up to a $1,000 fine.

Florida marijuana sale laws

Selling 20 grams of marijuana or less without remuneration is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Selling more than 20 grams is a felony charge punishable with jail time up to 30 years and $200,000 in fines, depending on the volume and whether the sale occurred within 1,000 feet of a school, park, college or other specified area.

DUI after smoking or eating marijuana

All states criminalize driving under the influence of controlled substances. Laws regarding driving while impaired range depending on jurisdictions.

What states are also trying to legalize recreational marijuana in 2024?

Along with Florida, these states might also see similar amendments regarding recreational weed on the ballot next year:

• Nebraska

• South Dakota

Which states already allow recreational marijuana?

After Wednesday's election results, Ohio became the 24th state to legalize recreational marjiuana. The recreational use of cannabis has been legalized in 23 other states, three U.S. territories, and D.C.

• Colorado

• Washington

• Alaska

• Oregon

• Ohio

• Washington, D.C.

• California

• Maine

• Massachusetts

• Nevada

• Michigan

• Vermont

• Guam

• Illinois

• Arizona

• Montana

• New Jersey

• New York

• Virginia

• New Mexico

• Connecticut

• Rhode Island

• Maryland

• Missouri

• Delaware

• Minnesota

Contributing reporting: James Call, Capital Bureau | USA TODAY Network-Florida

This article originally appeared on Fort Myers News-Press: Florida marijuana amendment debated in Supreme Court. Is weed legal?