Advisory Opinion to the Attorney General re: Adult Use of Marijuana
On the Attorney General's request for an advisory opinion, the Florida Supreme Court struck the 'Adult Use of Marijuana' citizen initiative because the ballot summary was affirmatively misleading under section 101.161(1). Although the amendment text removed criminal and civil liability only 'under Florida law,' the summary stated without qualification that the measure 'permits' adult marijuana possession, use and sale, concealing continued exposure to federal prosecution. Justice Lawson dissented, arguing the summary accurately described the change to Florida law and that precedent never required disclosure of federal-law implications.
Key facts
- The Attorney General requested an advisory opinion on a citizen initiative proposing to legalize adult use of marijuana in Florida.
- The initiative's amendment text limited its effect to removing criminal and civil liability 'under Florida law,' but the ballot summary stated the measure 'permits' adult marijuana possession, use, and sale without that qualifier.
- +2 more key facts with a free trial
Why it matters
This is the Florida Supreme Court's most recent and most restrictive statement on ballot-summary accuracy, effectively requiring sponsors to carry material qualifying language from the amendment text into the 75-word… — full analysis with a trial
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