DJ 33 1/3

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Florida Supreme Court Shuts Down Recreational Marijuana

Recreational marijuana in Florida will not be on the 2022 ballot.

The state Supreme Court ruled that the ballot language was misleading, when it said it would allow “limited use” of marijuana for people 21 and older, but the court said nothing in the actual amendment language limits the use of marijuana.

A group called Sensible Florida called for marijuana to be regulated like alcohol, but the proposal needed 862,000 more voter signatures to make the ballot. Ron DeSantis recently signed a bill that limits contributions to groups sponsoring that ballot initiative.

Miami has rejected cannabis dispensaries even though Florida voters approved the creation of a medical marijuana marketplace in the state constitution. Miami has created no new laws and relied on legal opinion that the change to the Florida Constitution was moot because federal law continues to categorize marijuana as an illegal substance.

Miami Beach, Coral Gables and other local governments approved zoning regulations, but the city has denied company's a certificate of use. Miami's zoning board recently sided with the company in an appeal, leading city administrators to challenge the board's decision before the Miami City Commission.

"We will address it in court," City Attorney Victoria Méndez said.

Commissioner Alex Díaz de la Portilla asked: "Have any of the 31 states that have passed either recreational or medicinal marijuana done the same thing? I'm not sure if they have, but I cannot give you advice to open or allow marijuana dispensaries until we have a little more clarification," Méndez responded.

Some Miami-Dade cities, including Miami Beach, have faced lawsuits over their rules regulating dispensaries, but the industry has largely stayed away from the city of Miami.

Photos by Getty Images

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