- State officials in Florida who are attempting to block a constitutional amendment ballot initiative that would legalize adult-use cannabis have filed briefs that explain their legal arguments with the state Supreme Court.
- The Senate lawyers argue that another provision of the law that requires the Supreme Court to consider whether initiatives are facially invalid under the United States Constitution is cause to block the legalization amendment, writing that marijuana’s status as a Schedule I controlled substance under federal law supersedes state law under the Supremacy Clause.
- It Legal Florida initiative’s wording says that the amendment permits the possession, sale, transportation, and use of marijuana.
- If approved, however, the initiative would not permit’ such activities: Federal law prohibits the possession, sale, transportation, or use of marijuana, and the proposed amendment would not undo or override that law, lawyers in Moody’s office wrote.
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