State officials in Florida who are attempting to block a constitutional amendment ballot initiative that would legalize adult-use cannabis have filed briefs that explain their legal arguments with the state Supreme Court. Lawyers for the Republican-controlled state Senate and Attorney General Ashley Moody outlined their position against the initiative supported by Make It Legal Florida in the legal briefs filed on Monday.
Lawyers for the Senate are basing their argument on a new state law signed by Republican Gov. Ron DeSantis earlier this month. The law contains several provisions designed to make it more difficult to amend Florida’s constitution through a ballot initiative, including requiring more signatures before a mandated Supreme Court review is triggered.
The Senate lawyers argue that another provision of the law that requires the Supreme Court to consider whether initiatives are “facially invalid under the United States Constitution” is cause to block the legalization amendment, writing that marijuana’s status as a Schedule I controlled substance under federal law supersedes state law under the Supremacy Clause.
“The passage of (the new law) clarifies the scope of the court’s review and opens the door for the court to consider the inability to comport with federal law,” Senate attorneys