DeSantis Faces Backlash Over Taxpayer-Funded Ads Claiming Marijuana Legalization Leads To Increased Car Crashes Ahead Of Florida Vote

Florida Gov. Ron DeSantis (R) is being accused of weaponizing a taxpayer-funded ad from a state agency as part of his campaign to defeat a marijuana legalization initiative that will appear on the November ballot.

Advocates have sent multiple cease and desist letters to TV stations airing the Florida Department of Transportation ad, which warns against driving while under the influence of cannabis and claims “DUI crashes increase in states with legalized marijuana, putting everyone at risk.”

Smart & Safe Florida, the campaign behind Amendment 3, alleges in the letters that a political committee called Vote No on 3 secured the public service announcement as a means of amplifying an opposition talking point for a lower cost by going through the government.

The ad says that a DUI conviction “can more than double your car insurance.” It continues: “Unlike alcohol, there’s no easy way for law enforcement to detect how high you are when driving.”

“Don’t drive high. It can raise your premiums—or end your life,” the PSA, first reported by Politico, says.

If your THC level isn’t zero, you’re not okay to drive. #DriveHighGetaDUI. It can cause you legal troubles, raise your premiums, and could even end your life. #StayAlertStayAlive #DriveSober pic.twitter.com/UFeHp0Sm4w

— FLORIDA DOT (@MyFDOT) September 20, 2024

But it’s the claim that legalization leads to increased instances of impaired driving—being made by a state agency just weeks before voters decide on the reform—that activists say is especially improper. Research on the topic has been mixed, and even federal reports have said the effects of cannabis use on driving are unclear at this point.

“Florida law demands that campaigns be operated in the sunshine,” Smart & Safe Florida’s letters to television networks says. “Accepting taxpayer funds to broadcast State Propaganda under the guise of a public service announcement—and at an anticompetitive and severely discounted rate—should not be countenanced.”

The campaign also alleged that the stations declined to air a “politically neutral” alternative from the transportation. Instead, advocates said, they chose to play into the opposition committee’s “ruse to obtain the highly discounted rates” for the ad, The Miami Herald reported.

Nikki Fried, the chair of the Florida Democratic Party and a former state agriculture commissioner, also weighed in on the controversy, stating that “Desantis uses YOUR money to campaign against legalizing cannabis,” as well as a separate reproductive rights initiative on the ballot.

Desantis uses YOUR money to campaign against legalizing cannabis and reproductive freedom.

Hey Legislature, you all cool with this? What ever happened to being fiscally conservative? And that whole law and order thing? https://t.co/pupYDHIhc6

— Nikki Fried (@NikkiFried) September 24, 2024

“Hey Legislature, you all cool with this? What ever happened to being fiscally conservative? And that whole law and order thing?” she said.

Fried, as well as the state Democratic party she oversees, 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.

Jeff Brandes, a Republican former state senator and current president of the nonprofit Florida Policy Project, said that while he still expects Amendment 3 will pass, the DeSantis administration’s decision to air the PSA “is setting a dangerous precedent and is unlikely to be authorized in Florida’s budget.”

Florida’s Amendment 3 will still pass, but this is setting a dangerous precedent and is unlikely to be authorized in Florida’s budget. Expect lawsuits! Plus, $15 million could’ve fixed a lot of potholes.

Desperation is not a good look! https://t.co/6yQc76yDTJ

— Jeff Brandes (@JeffreyBrandes) September 24, 2024

“Expect lawsuits! Plus, $15 million could’ve fixed a lot of potholes,” he said. “Desperation is not a good look!”

The controversy comes as the legalization campaign ramps up its own advertising to shore up support for the measure, which needs at least 60 percent of the vote to pass as a constitutional amendment.

Smart & Safe Florida rolled out a series of new ads this past week—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.

Meanwhile, two more congressional Republicans representing Florida 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.

A pair of Republican and Democratic Florida senators recently teamed up to promote the state marijuana legalization initiative, making a joint appearance in a new ad for the campaign as Gov. Ron DeSantis (R) continues to rally against the measure, claiming it would benefit a corporate “weed cartel.”

Sen. Joe Gruters (R), the former chair of the Florida Republican Party, and Sen. Shevrin Jones (D) stood side-by-side in the ad for Smart & Safe Florida, 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.”

While polling has also consistently demonstrated that the ballot measure enjoys majority support from Democrats and Republicans alike—and despite the fact that the 2024 GOP nominee, former President Donald 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.

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There’s been a mixed bag of feedback on Amendment 3 from members of Florida’s congressional delegation.

One pro-legalization GOP congressman, Rep. Matt Gaetz (R-FL), recently 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.

Separately, 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.

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Photo courtesy of Philip Steffan.