Opinion Columnists | Attorney general argues we’re too dumb to vote on pot | Fred Grimm

Even without legalized pot, Attorney General Ashley Moody thinks Floridians are too zonked to fathom the obvious.

Somehow citizens in 23 states, the District of Columbia and three U.S. territories cope with the perils of legal recreational marijuana, despite federal statutes that still classify cannabis as a dangerous narcotic, as nasty as heroin or fentanyl.

Nor does federal law permit the use of medicinal marijuana, yet voters in 38 states (along with D.C. and four territories) have legalized the sale, possession and the therapeutic use of the devil weed. All without the DEA crashing the party. The feds don’t give a damn about pot.

But the Florida Attorney General’s office, in a brief asking the state supreme court to reject a recreational marijuana initiative, argues that legalization “would subject users to devastating criminal liability under federal law.”

Moody’s argument seems a bit specious, considering that Florida has allowed the use of medical marijuana since 2019 without federal drug agents storming the joint. (Not to mention those 37 other states.)

The 1970 U.S. Controlled Substances Act grants no special pass to medicinal users, yet 844,148 Floridians and 3.5 million other Americans with state medical marijuana ID cards have escaped “devastating criminal liability under federal law.”

Indeed, the Adult Personal Use of Marijuana ballot summary, now under review by the state supreme court, references the federal legal prohibition, stating “this does not change, or immunize violations of, federal law.” The summary doesn’t mention that the feds haven’t prosecuted marijuana possession offenses since 2013.

Moody’s brief also asserts that the amendment would limit competition among state-licensed recreational pot marketers. And that the amendment limits possession by an individual to only three piddly ounces, which she argues would complicate the lives of users who cultivate their own stuff. If nothing else, potheads should feel heartened that their attorney general is worried that they might not have enough smoke to get them through the harsh Florida winter.

The brief doesn’t mention another crucial factor. Gov. Ron DeSantis not only disapproves of legal marijuana, he hates the smell. Last year, he told reporters, “What I don’t like about it is if you go to some of these places that have done it, the stench when you’re out there, I mean, it smells so putrid.”

Political strategists, perhaps after smoking a spliff, suspect Republicans have another motivation for killing the referendum. They want nothing on the 2024 ballot that might awaken young, liberal voters from their usual electoral languor.

Unless Moody can convince the supremes to jettison the amendment, it’s likely to pass. A poll conducted last month in a joint effort by the University of South Florida and Florida Atlantic University found 60% of Floridians approve of legalized pot with only 29% opposed and 11% undecided.

Supporters have gathered 1,033,803 signatures on a supporting petition, more than enough to trigger a review of the ballot language by the court. When the justices hear arguments next month, (each side has been allotted 20 minutes), it’ll be déjà vu all over again.

Moody’s office finds the same basic fault with any progressive, citizen-launched referendum that comes her way: misleading ballot summaries. As if the pricy lawyers writing the summaries all flunked English.

She raised the same objection when the court reviewed (and rejected) two other recreational marijuana initiatives in 2021. “Affirmatively misleading,” she told the justices, twice. The AG’s office apparently thinks Florida voters are too stupid to understand the implications of legalized marijuana.

In 2020, Moody’s office convinced the court to reject an amendment initiative banning the sale of assault weapons. Because “voters will not be able to understand” the obvious ramifications.

A 2019 proposed amendment that would allow customers to choose their electricity provider: “Misleading,” she insisted.

On Monday, Moody notified the supreme court that an abortion rights ballot proposal had garnered enough validated signatures (402,082) to warrant court review.

Republicans can’t have that. An abortion rights referendum would bring a passel of angry, young women to the polls next year, when Florida voters could decide who’ll be the next president.

So, of course, the attorney general wants to keep an abortion rights amendment off the ballot. Not for ideological reasons of course. Never. Moody only worries the implications of abortion rights would be beyond Florida’s voters, who are just too dumb to comprehend the obvious.

Fred Grimm, a longtime resident of Fort Lauderdale, has worked as a journalist in South Florida since 1976. Reach him by email at or on Twitter: @grimm_fred.