Supporters of a recreational marijuana proposal in Florida are racing to meet a critical deadline of February 1, 2024. The political committee behind the initiative, Smart & Safe Florida, has filed a lawsuit against Secretary of State Cord Byrd, accusing his office of failing to comply with state laws regarding the validation of petition signatures. This legal action highlights ongoing tensions as the state government seeks to challenge the proposed constitutional amendment that would permit adults aged 21 and older to use recreational marijuana.
The lawsuit, submitted in Leon County circuit court, demands that Byrd’s office provide updated figures regarding the number of valid petition signatures. According to the committee, the official count has remained stagnant at 675,307 valid signatures since November 23, 2023, despite claims that additional signatures have been verified. To qualify for the November ballot, Smart & Safe Florida must gather at least 880,062 valid signatures, with evidence suggesting that they have submitted over one million signatures in total.
As the deadline approaches, the committee argues that the lack of timely updates from state election officials leaves them “flying blind” regarding their status and hampers their ability to strategically deploy resources. The law mandates that local election supervisors and Byrd’s office publicly post updates on valid signatures weekly, a requirement that has not been followed since December 1, 2023.
In response to the escalating situation, Circuit Judge Jonathan Sjostrom has expedited the case, mandating that additional legal briefs be submitted by this Friday. This decision comes as part of a broader legal battle concerning challenges to the validity of certain petition signatures. Notably, in a separate ruling, Sjostrom found that state officials had improperly invalidated approximately 42,000 petitions signed by “inactive” voters. However, the court upheld a directive to invalidate nearly 29,000 petitions collected by out-of-state circulators.
The backdrop to these legal disputes involves ongoing investigations into potential election fraud linked to the signature-gathering process. James Uthmeier, the Attorney General of Florida, announced an escalation in investigations into the matter, with his office launching 46 new criminal inquiries related to the recreational-marijuana initiative. These investigations have raised concerns about approximately 14,500 petitions that have been flagged, including 7,100 that were validated by county supervisors.
Uthmeier’s office has already arrested or issued warrants for nine petition circulators and anticipates further arrests. The subpoenas issued seek to determine whether any criminal liability extends beyond individual circulators to broader organizational conduct. In a statement, Smart & Safe Florida emphasized its commitment to transparency and compliance with state law, asserting that it has reported any discrepancies as required.
As the litigation intensifies, election supervisors are grappling with the numerous directives from Byrd’s office regarding the petition validation process. David Ramba, executive director of the Florida Supervisors of Elections association, expressed concerns about the challenges faced by supervisors trying to maintain consistent service amid changing interpretations of the law.
The conflict over the recreational marijuana proposal is not merely a bureaucratic issue but reflects broader political dynamics in Florida. Ron DeSantis, who previously opposed a similar initiative in 2024, continues to advocate against the current proposal. Uthmeier, who previously led efforts to defeat marijuana initiatives, is also deeply involved in the ongoing investigations and legal maneuvers.
Looking ahead, the Florida Supreme Court is set to hear arguments regarding the proposed amendment’s compliance with ballot placement requirements on February 5, 2024. As the clock ticks down to the February 1 deadline, the outcome of these proceedings could significantly impact the future of recreational marijuana use in Florida, as well as the integrity of its electoral processes.
