A Florida Democratic senator is suing the state for using taxpayer dollars to fund a recent ad that he says unconstitutionally attempts to influence voters to oppose a marijuana legalization initiative that will be on the ballot next month.
Sen. Jason Pizzo (D), who is expected to run for governor in 2026, announced on Friday that he would be seeking an injunction against the Florida Department of Transportation (FDOT) over the ad, which warns against driving under the influence of cannabis and then makes a contested claim that “DUI crashes increase in states with legalized marijuana, putting everyone at risk.”
Making such an assertion in an ad supported by tax dollars amounts to “political messaging” and therefore represents an unconstitutional use of appropriations authority, the senator says. The campaign behind the Florida legalization initiative has also sent cease and desist letters to 54 TV stations that have aired the public service announcement.
“For years, our state has wasted precious time, and many millions, peddling divisive and unproductive nonsense, while flouting practical solutions for critical needs,” Pizzo said.
I have directed our team to return and reject all contributions from Florida insurance companies. We’ll also seek an injunction against the state’s use of taxpayer (your) money for political messaging.
For years, our state has wasted precious time, and many millions, peddling…
— Sen. Jason Pizzo (@senpizzo) October 4, 2024
The ad in question also 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,” it says.
Research on the the relationship between state marijuana laws and rates of impaired driving has been mixed, and even federal reports have said the effects of cannabis use on driving are unclear at this point.
Jeff Brandes, a Republican former state senator and current president of the nonprofit Florida Policy Project, said in late September 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.”
“Expect lawsuits! Plus, $15 million could’ve fixed a lot of potholes,” he said. “Desperation is not a good look!”
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#DriveSoberpic.twitter.com/UFeHp0Sm4w
— FLORIDA DOT (@MyFDOT) September 20, 2024
Meanwhile, the main corporate backer of the legalization initiative, the multi-state cannabis operator Trulieve, has 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.
Central to the allegations is a TV spot from Amendment 3 opponents, which the company says implies that only large corporations, like Trulieve, would benefit under the proposal. Some have criticized the plan, saying it would create a “monopoly” with limited licenses and a prohibition on home cultivation for personal use.
Trulieve’s lawsuit says that’s untrue, because state lawmakers would have the authority to issue more licenses if the measure becomes law. And it notes that Florida already prohibits home cultivation of cannabis—a matter the constitutional amendment simply doesn’t touch.
Separately, the pro-legalization campaign, Smart & Safe Florida, released an ad of its own last week, highlighting the fact that both major party presidential nominees and their running mates oppose criminalizing people over cannabis.
The ad—titled “We’re All Saying the Same Thing”—came just days after Vice President Kamala Harris, the Democratic nominee, reaffirmed her support for legalizing marijuana. That followed weeks of silence on the issue after she rose to the top of the ticket.
Smart & Safe Florida took that opportunity to compile a roundup of clips featuring Harris and running mate Minnesota Gov. Tim Walz (D)—as well as former President Donald Trump, the GOP nominee, and his VP pick Sen. JD Vance (R-OH)—voicing support for reform.
Trump, a Florida resident, is the only candidate who has specifically endorsed Amendment 3, but he’s historically taken a states’ rights position on legalization overall. Recently, he also came out in support of federal rescheduling and allowing marijuana industry access to the banking system.
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.
Florida Gov. Ron DeSantis’s (R) opposition is well-established. And when the transportation agency’s ad on marijuana-impaired driving was released, he was accused by advocates of weaponizing taxpayer dollars as part of his campaign to defeat the cannabis measure.
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.
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.
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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