Florida Supreme Court approves abortion, marijuana amendments for November ballot

TALLAHASSEE, Fla. - The Florida Supreme Court approved two proposed amendments on Monday, allowing measures on abortion and recreational marijuana to be on the November ballot.

Amendment 3 would allow adults 21 years or older to possess and use pot for non-medical personal consumption, while Amendment 4 would specifically guarantee the right to an abortion in the state’s constitution. Both amendments will require 60% support to pass.

Florida Attorney General Ashley Moody challenged the wording of the amendments, arguing the language could confuse voters. The Florida Supreme Court did not agree with her argument in either case.

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Here is the language of Amendment 3:

Ballot Title: Adult Personal Use of Marijuana 

Ballot Summary: Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation.

FOX 13 spoke to groups for and against Amendment 3. 

"Eighty-eight percent of Americans polled do not believe marijuana should be illegal," Chris Cano, with Suncoast NORML, a cannabis advocacy organization, said. "And, as far as adult use marijuana, it's right around, above the 60% threshold. So all in all, it's going to come down to turnout."

Ellen Snelling with the Hillsborough County Anti-Drug Alliance said her problem with the measure is that she feels a decision like this should come from Tallahassee. 

"I feel like any type of legalization of a drug should go through the regular legislative process through Tallahassee, not through a constitutional amendment."

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If Amendment 4 passes in November, it will override the six-week ban set to take place in April and take it back to 24 weeks, or what's called a point of fetal viability. 

"This amendment is actually very, very broad. It is unambiguously broad," said Florida Senior Deputy Solicitor General Nathan Forrester. "I don’t think the ballot summary adequately discloses that potentiality."

Amendment 4 supporters argued the wording of the initiative is in line with common definitions concerning the issue of abortion.

The pro-choice group that got this initiative on the ballot, ‘Floridians Protecting Freedom,' celebrated the ruling today.

"When voters head to the polls, they will send a message to politicians … decisions about abortion should be between a patient and a provider, not a constituent and their politician," Lauren Brenzel, with Floridians Protecting Freedom, said. 

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"Voters understand what is before them, and if a voter doesn’t like this amendment, they are perfectly capable of voting against it," said Attorney Courtney Brewer, who represents the organization Floridians Protecting Freedom.

Amendment 4 will read as follows:

Ballot Title: Amendment to Limit Government Interference with Abortion 

Ballot Summary: No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.

Also on Monday, the Florida Supreme Court ruled the state's 15-week abortion ban passed in 2022 is constitutional, clearing the way for a more restrictive six-week ban statewide by May 1.

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