Monday, October 09, 2023 10:56:33 AM
CASE NUMBER SC2023-0682
Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana
Summary of Argument
The people of Florida retain ultimate political power. They can
amend the Florida Constitution directly through the ballot initiative
process. Art. XI, § 3, Fla. Const. While the Florida Supreme Court,
legislature, and state officials can ensure ballot integrity, they cannot
interfere with the will of the people.
Yet, the Florida Supreme Court sometimes prevents ballot
measures from reaching voters. The Court has struck down citizen
initiatives on grounds not based in the text of the Constitution. It has
invited inappropriate judicial review on the merits of initiatives.
Finally, it has decided cases based on certain objections while
ignoring others. This all comes at great cost to citizens.
The Court must return to constitutional grounds of review
under Article XI, Section 3 and Article XI, Section 5(e) of the Florida
Constitution (as codified by § 101.161(1), Fla. Stat.). It must provide
clear rules to enable citizens to draft valid amendments. Finally, it
must identify every defect in a ballot measure to give citizens an
opportunity to redraft it.
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