Here’s when we’ll know the fate of Florida’s abortion, marijuana amendments
Floridians will soon find out whether they’ll get to vote on allowing recreational marijuana and expanding abortion access.
The state Supreme Court heard arguments over the two proposed ballot initiatives in recent months. Since then, supporters and opponents have been waiting to see whether the high court gives the go-ahead.
With a key deadline looming, here’s what to know about what happens next.
What are the two amendments?
One amendment proposes removing criminal and civil penalties for people 21 and older who use marijuana. If it is allowed on the ballot, it will be Amendment 3. The Supreme Court heard arguments in November about whether it should be allowed on the ballot. Florida voters previously legalized medical marijuana through a constitutional amendment in 2016.
The other amendment would protect abortion access until viability, which is estimated to be at about 24 weeks of pregnancy. It would undo Florida’s current 15-week ban and block a possible six-week ban that legislators passed last year. If allowed on the ballot, it will be Amendment 4. The Supreme Court has been mulling it since hearing arguments last month.
When does the Supreme Court need to decide?
Attorney General Ashley Moody has challenged the language of both proposals, leaving it up to the court to figure out whether the amendments are misleading and whether they deal with multiple issues instead of just one.
According to the Florida Constitution, the justices “shall” rule on any challenged amendments no later than April 1. The court typically releases its decisions at 11 a.m. on Thursdays. But it doesn’t necessarily have to adhere to that schedule.This Thursday is the last one before April.
What if the court doesn’t decide by April 1?
Unclear. There is no explicit provision in law that says what happens if the Supreme Court doesn’t issue an opinion by April 1, according to court spokesman Paul Flemming. Flemming said a scenario like that has never happened.
Any clue how the court will rule?
In November, Florida’s justices cast doubt on the state’s argument that the recreational marijuana amendment would mislead voters into thinking that marijuana is legal federally. Gov. Ron DeSantis later predicted that the court would rule in favor of putting that amendment on the ballot, according to cannabis media site Marijuana Moment.
The justices’ stance on the abortion amendment is less clear. Moody argued the term “viability” in the proposal would confuse voters, but Lauren Brenzel, campaign director of the group pushing the amendment, dismissed Moody’s argument as a “disingenuous” attempt to silence voters.
Justices raised other questions during arguments over the abortion amendment, including whether the Constitution guarantees fetuses the same rights as people under the law. Last week, Moody told the court that her office would be willing to file another brief about that issue specifically.
If justices sign off, then what?
If the amendments are allowed on the ballot, each will need 60% of voter support in the November election to pass.
If they don’t, then what?
If the justices reject the amendments, the groups pushing for them could start over again for a future ballot cycle.
The group proposing the recreational marijuana amendment spent months getting over a million signatures to try to get on the 2024 ballot, and has so far spent nearly $40 million, most of which came from the marijuana company Trulieve.
Supporters of the abortion amendment have spent nearly $16 million trying to get it on the ballot. The group has gotten support from both large donors like the ACLU and Planned Parenthood and small donors across Florida. About one million people signed petitions to get it on the ballot.
This story was originally published March 25, 2024 at 10:51 AM with the headline "Here’s when we’ll know the fate of Florida’s abortion, marijuana amendments."
