Legalization Updates: Florida Can Vote, But Not Hawaii

In Florida, the Supreme Court approved an initiative for the November ballot to legalize recreational cannabis, following successful campaigns by activists and financial backing from key industry players. In Hawaii, a cannabis legalization bill was halted by the House Finance Committee, ending its progression despite prior approvals, due to concerns from lawmakers and law enforcement.

Last Monday, the Supreme Court of Florida decided, by a 5-2 vote, not to prevent a legalization initiative aimed at recreational cannabis from appearing on the ballot in the upcoming November elections.

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Florida Activists Behind Movement

Last year, and already in 2020, Florida activists had managed to collect enough valid signatures for a cannabis legalization initiative to be placed on the ballot. The attorney general had judged the summary of the proposed initiative to be misleading or that the initiative violated the state’s Constitution’s single-subject rule for electoral measures, by not specifying that cannabis remained illegal at the federal level.

However, reports emerged in January suggesting that a number of key GOP donors had accumulated a significant stake in the state’s medical cannabis industry and were poised to profit from legalization if it occurs.

Florida is already the largest medical cannabis market in the United States, with over 871,000 registered patients.

What’s Next For Legalization in Florida?

If the legalization bill is passed in November, the 25 medical cannabis companies currently authorized to grow medical cannabis will be able to begin transitioning their operations to the recreational market and sell to adults over 21.

Trulieve, which funded the “Smart & Safe” Florida campaign with $39 million, stated: “We are grateful to the Court for rightly ruling that the voting initiative and text summary meet the standards of clarity and subject singularity. We look forward to supporting this legalization campaign as it heads to the November ballot.”

Curaleaf, already well-established in the state, also welcomed the decision: “We are thrilled to see the Florida Supreme Court add adult-use cannabis legislation to the November ballot. This could triple the size of the market in the state in the coming years, and Curaleaf is investing ahead of the conversion, with 25 new stores ready to open and expanded cultivation to provide our full range of high-quality brands and products to customers and patients.”

Due to local electoral laws, the measure will need to obtain a majority of at least 60% to be adopted in November.

Hawaii Does Not Pass Cannabis Legalization Bill

The cannabis legalization project in Hawaii ended Tuesday afternoon. In a statement, Democratic Representative Kyle Yamashita, who chairs the House Finance Committee, announced that his group would not consider the legalization measure, SB 3335, before this week’s legislative deadline.

This decision effectively kills the bill, which had already been passed by the entire Senate and several House committees during this session, before narrowly passing a first vote in the House earlier in the month.

“The path to adult-use cannabis legalization is a deeply divisive issue,” said Mr. Yamashita. “Due to many concerns regarding the bill’s implementation, the House has decided not to proceed with deliberations within its Finance Committee. This decision is reinforced by the negative votes expressed in the House by committee members.”

The Democratic Speaker of the House, Scott Saiki, meanwhile expressed “serious concerns from members of Hawaii’s law enforcement.”

“This bill requires further examination of the impact it will have on our children, our economy, and our overall well-being.”

As both supporters and opponents have pointed out, this is the furthest a legalization measure has progressed within the Hawaii legislative assembly during the last session. But after narrowly passing in the House of Representatives at the end of last month, by 25 votes to 23, many expected difficulties within the Finance Committee.

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(Featured image by Jorge Vasconez via Unsplash)

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