Florida Judge Tosses Lawsuit Against DeSantis Admin Over Anti-Marijuana Ads As New Poll Shows Legalization Ballot Initiative Passing

A Florida judge has dismissed a lawsuit challenging Gov. Ron DeSantis’s (R) use of taxpayer dollars to fund a state agency’s ad criticizing marijuana legalization ahead of a vote on a legalization initiative on the November ballot. But advocates still got some welcome news from a new survey showing two in three voters plan to support the measure, which the pollster said signals that it’s “on track” to pass.

With just two weeks until Election Day, supporters and opponents have stepped up their efforts, with an emphasis on advertising and endorsements. DeSantis, who strongly opposes the initiative known as Amendment 3, has faced allegations of weaponizing state departments to push anti-legalization narratives through various PSAs in recent weeks—prompting one Democratic state senator to sue over what he claimed was an unconstitutional appropriation of tax dollars.

But on Thursday, State Circuit Court Judge Angela Dempsey tossed the suit, agreeing with attorneys for the state that Sen. Jason Pizzo (D) lacked standing and failed to state a claim in the challenge, Politico reported. The Department of Transportation ad at the center of the lawsuit didn’t directly mention Amendment 3, but it attempted to link legalization to increased impaired driving.

It’s one of multiple PSAs from various state agencies that have aired in the run-up to the election, drawing criticism from activists who argue they are intended to influence voters.

According to one of the latest surveys on the initiative, however, that anti-legalization messaging hasn’t convinced voters to reject the reform. The poll from the University of North Florida’s Public Opinion Research Lab (PORL) found that 66 percent of voters plan to support the measure—more than enough to pass despite the steep 60 percent threshold that’s required for ballot measures to be enacted under state law.

That 66 percent represents a two percentage point increase since PORL last asked voters about the initiative in July. It’s bipartisan, too, with 78 percent of Democrats, 73 percent of independents and 53 percent of Republicans in favor of the proposal.

“After years of polling on marijuana in Florida, both medical and recreational, it is clear that the majority is in favor of legalization,” PORL faculty director and professor of political science Michael Binder said. “Closing in on election day, despite some heavy campaigning, we’re seeing support for this amendment and is on track to exceed the 60 percent supermajority required to pass.”

Advocates are hoping to sustain that momentum, and part of the strategy is to promote the bipartisan support behind legalization.

For example, the campaign behind Amendment 3, Smart & Safe Florida, recently released an ad featuring clips of former President Donald Trump endorsing the cannabis reform proposal—with a call for voters to “join” him in supporting the measure.

The promotion came just weeks after the campaign released another ad highlighting the fact that both major party presidential nominees—Trump and Vice President Kamala Harris—as well as their running mates share at least one thing in common: They don’t believe in criminalizing people over cannabis.

While the focus of the latest ad is on Trump’s endorsement of the Florida legalization proposal, it’s also airing as Harris amplifies her support for federal legalization, with a campaign pledge to end prohibition if she’s elected. She’s framed the reform as a means of helping to address racial disparities in the enforcement of cannabis criminalization.

Meanwhile, the Florida campaign released another ad recently featuring state Sen. Joe Gruters (R), who’s endorsed the initiative. In that ad, the GOP senator and former chair of the Florida Republican Party said he’s “as MAGA as they come,” referencing his support for Trump.

Grunters and Sen. Shevrin Jones (D) also recently teamed up to promote the state marijuana legalization initiative in another campaign ad. The bipartisan senators stood side-by-side, acknowledging that while they “don’t agree on much—hardly anything” and would be each voting for their respective party’s presidential nominee, they “do agree on this: Amendment 3 is good for Florida.”

Meanwhile, a political committee opposing the legalization measure has received a half-million-dollar contribution from an organization that Elon Musk reportedly used to quietly support DeSantis’s before he dropped out of the 2024 presidential race. At the same time, the pro-legalization campaign has officially exceeded $100 million in total contributions.

The main corporate backer of the legalization initiative, the multi-state cannabis operator Trulieve, has separately filed a defamation suit against the state’s Republican Party, alleging it’s knowingly deceived voters about the proposed constitutional change known as Amendment 3.

Outside the presidential race, there’s been a mix of support and opposition for the Florida legalization amendment on both sides of the partisan spectrum.

For example, the former head of the U.S. Department of Health and Human Services (HHS) under then-President Bill Clinton recently urged Florida voters to reject the marijuana legalization initiative, arguing that it would create a “new addiction-for-profit industry” in the state.

Nikki Fried, the chair of the Florida Democratic Party and a former state agriculture commissioner, recently endorsed Amendment 3. And the chair also laid out a framework for regulating cannabis that she thinks the legislature should enact if voters do approve the reform. That involves automatic expungements for prior marijuana convictions, taking steps to mitigate the risk of monopolization in the industry and directing tax revenue to Black communities and education.

Meanwhile, two congressional Republicans representing Florida also recently weighed in on the state’s marijuana legalization initiative—with Rep. Laurel Lee (R-FL) predicting it will fail and Rep. Byron Donalds (R-FL) saying he remains undecided on the measure even after former President Donald Trump came out in support of it.

Rep. Matt Gaetz (R-FL), for his part, has said he intends to vote against it, strictly because he feels the reform should be enacted statutorily, rather than as a constitutional amendment that would prove more challenging to amend.

On the other hand, Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, predicted earlier this year that the measure will pass.

While polling has also consistently demonstrated that the ballot measure enjoys majority support from Democrats and Republicans alike—and despite the fact that Trump has endorsed it as well—Florida’s governor has not relented in his crusade to defeat it.

Trulieve CEO Kim Rivers and Gruters, the GOP state senator, also met with Trump ahead of his endorsement of Amendment 3, as well as federal rescheduling and industry banking access.

Meanwhile, another recent survey from the Florida Chamber of Commerce, which is against the cannabis initiative, found that 59 percent of likely voters in the state back Amendment 3.

A separate poll from the James Madison Institute (JMI) showed 64 percent of likely voters in Florida are in favor of the legalization proposal.

Smart & Safe Florida also rolled out another series of new ads last month—including one calling out the hypocrisy of criminalizing cannabis while alcohol is legally available and another featuring a county sheriff making the case for ending marijuana prohibition.

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Photo courtesy of Mike Latimer.