Abortion access, marijuana ballot measures face make-or-break court rulings in Florida

TALLAHASSEE – Two separate ballot measures that would safeguard abortion access in Florida and legalize recreational marijuana are approaching a make-or-break deadline with the state’s Supreme Court. 

Justices have until April 1 to decide if the ballot summaries for these proposed constitutional amendments comply with state law, effectively meaning they are not misleading to voters.

If justices green-light them for November’s statewide ballot, the marijuana measure (Amendment 3) and abortion proposal (Amendment 4) could add extra spice to this presidential-election year. Florida is seen as less of a battleground since polls show Florida likely to be won easily by Republican former President Donald Trump. 

But for now, from the amendment campaigns, there’s a lot of anxious waiting and watching. 

Campaigns keep refreshing email

Since arguments on the abortion proposal took place last month, and the marijuana measure way back in November, backers of the ballot measures have been left refreshing email and checking court filings for a thumbs-up or thumbs-down from the justices. 

The court regularly issues opinions Thursdays and this week’s is the last customary release day before the deadline. Then again, the court's website warns that "out-of-calendar opinion releases are possible at any time for time-sensitive cases."

In that case, it’s possible justices reviewing these critical ballot proposals – already the products of multi-million-dollar campaigns – may wait until Monday’s ultimate deadline to rule.  

Some even fear justices could remain silent past April 1, an unprecedented step in the state’s long history of constitutional amendments but which would add another layer of legal uncertainty to the measures’ fates. 

Organizers of the campaigns don’t want to mull such twists for long. They’re thinking of future tasks and the effort to win needed approval from at least 60% of Florida voters in November.

Abortion access advocate says 'full steam ahead'

“We’re moving full steam ahead,” said Lauren Brenzel, campaign director for Floridians Protecting Freedom, the organization behind the Amendment 4 abortion rights measure. 

“Our focus is that Floridians have a history of supporting sensible policy on ballot measures so we know the electorate is there. We’re not using this as a voter turnout mechanism in a presidential election year,” she added. 

Justices heard arguments on the abortion access ballot language in February, but still also waiting is a court ruling on the constitutionality of a 2022 law banning most abortions after 15 weeks of pregnancy. 

The Republican-controlled Legislature last year expanded that ban to six weeks – a limit that would go into effect 30 days after the 15-week standard is upheld by justices.  

But all that is in a kind of legal limbo. 

Arguments on Florida’s abortion law took place before justices last September, and the court still hasn’t ruled. Against that backdrop, the focus on the abortion access ballot measure has heightened. 

Abortion access narrrows in FloridaFlorida Supreme Court justices hear arguments over fate of abortion rights in Florida

“We know we have a looming six-week abortion ban in Florida and people don’t want to see their private medical decisions interfered with by politicians,” Brenzel added. 

The ballot measure would roll back the state’s 15-week ban to a point when the fetus is viable outside the womb, usually considered 24 weeks. It would also block the six-week ban from going into effect. 

Late-hour call for more legal filings

Florida Attorney General Ashley Moody, a Republican, had already called for justices to throw out the ballot measure as confusing to voters, seizing on differing interpretations of what fetal viability means.

But earlier this month she also raised the possibility with justices that the ballot proposal might interfere with other sections of the Florida Constitution that could apply to the rights of unborn children. 

Chief Justice Carlos Muniz questioned attorneys for the state and Floridians Protecting Freedom on the same point of law in February during arguments but didn’t pursue the topic.  

Now, as the April 1 deadline nears, a pair of anti-abortion organizations also have filed documents with the court urging more review of the ballot measure’s potential impact. 

It’s been an uneasy wait for supporters of both the abortion access proposal and the marijuana measure. Sponsors spent months raising campaign funds and collecting and verifying a needed 891,523 signatures from Florida registered voters. 

Campaigns have already spent big

State campaign finance records show Floridians Protecting Freedom spent $15.6 million last year, including the costly effort to collect signatures.

Smart & Safe Florida, behind the marijuana proposal, spent $40 million, with $38 million coming from Trulieve, the Florida-based company that is one of the largest marijuana purveyors in the world. 

The marijuana proposal would allow companies like Trulieve operating in Florida to begin selling recreational marijuana to anyone over age 21, with no need for a medical marijuana card, as under current law. 

The Legislature could expand the field of companies. But home-growing by consumers would not be allowed under the amendment. 

Those over 21 could possess up to 3 ounces of marijuana. Gov. Ron DeSantis has said he expects the court to approve the measure for the ballot, although he’s spoken out against recreational pot. 

Moody, the attorney general, is opposing the amendment, saying its ballot summary wasn’t clear and violates the state Constitution’s single-subject limit. Either way, marijuana for now is illegal under federal law. 

When asked how the Smart & Safe campaign was awaiting the April 1 deadline, spokesman Steve Vancore said, “We’re in planting mode.” 

“We’re planting the seeds and getting ready for the campaign,” Vancore added. “It’s very laborious getting on the ballot. But first thing out of the gate, we’ll be raising money for the campaign. Right now, it’s wait and see.” 

John Kennedy is a reporter in the USA TODAY Network’s Florida Capital Bureau. He can be reached at jkennedy2@gannett.com, or on Twitter at @JKennedyReport