Although the case before the Florida Supreme Court is not yet settled, Gov. Ron DeSantis said in a recent interview that a Florida marijuana legalization initiative will likely appear on the state’s November ballot. That would give voters in the nation’s third largest state a chance to decide whether to give adults the right to use recreational cannabis.

The measure faces opposition from the state attorney general who is attempting to block the vote. However, DeSantis expressed confidence to Marijuana Moment that there will be a favorable legal outcome for cannabis activists.

DeSantis made his comments just days before closing down his presidential campaign, deciding to no longer seek the Republican nomination for president and instead endorsing former Presidents Donald Trump. He spoke about Florida cannabis legalization in response to a question about the prospect of legalization making the ballot.

“I think the court is going to approve that,” he said. “So, it’ll be on the ballot.”

Unclear If DeSantis Has Knowledge About Court Decision

Marijuana Moment reported that it was not clear if DeSantis had some indication from the court about the status of the Florida marijuana legalization case or was just making a prediction. State Attorney General Ashley Moody has filed a challenge against the measure, asking the state Supreme Court to block it from inclusion on the November 2024 ballot. Attorneys for both sides made arguments before the court in December 2023.

Moody has won on this issue before. In 2022, he successfully petitioned justices to prevent a legalization initiative from receiving voter consideration.

Even if Moody loses the case, cannabis advocates will still have a difficult time getting the measure passed. Under Florida law, it takes 60% of the vote to pass a constitutional amendment. A recent survey by the University of North Florida found that 62% of Floridians support the measure.

What the Proposed Florida Marijuana Legalization Law Would Do

The Florida marijuana legalization ballot measure would allow existing medical cannabis dispensaries to start selling recreational cannabis to adults 21 and over. The proposal is strongly backed by Trulieve, which has 131 medical marijuana locations in the Sunshine State and therefore would benefit greatly from the change in law, according to MJBizDaily.

Even after more than one million people signed the petition to put the measure on the ballot, Moody sought to block the initiative. He contends that the measure, among other concerns, features “misleading” language that fails to clarify how the proposed state law aligns with federal prohibition.

Attorneys with Moody’s office also argue that the proposal, as written, will allow Trulieve to continue its dominance of the lucrative Florida cannabis market. In a brief filed with the Supreme Court,  state Solicitor General Henry Whitaker wrote, “This carefully curated ballot summary misleads in ways that, though sometimes subtle, are likely to influence voters – and to do so in a way that entrenches the sponsor’s monopolistic stranglehold on the marijuana market to the detriment of Floridians. The initiative should be stricken.”

The Florida Chamber of Commerce has joined Moody in opposing the ballot measure.