Mark Neuberger Discusses New Recreational Marijuana Proposal in Florida

11 August 2022 Higher Law News

Foley & Lardner LLP Partner and Co-Chair of the firm’s Cannabis Industry Team, Mark Neuberger, was quoted in the August 11, 2022 edition of the newsletter “Higher Law,” discussing Florida’s proposed amendment to legalize the recreational use of marijuana for people 21 and older.

“This latest proposal attempts to overcome past [initiative-qualification] failures by keeping the statement before the voters very simple and more importantly, allowing the Florida Legislature discretion to implement the details,” Neuberger said. “Furthermore, the proposed amendment limits possession to only one ounce, a very small amount when compared to what other states have allowed and does not allow for home growing.”

“It also attempts to decouple the current requirement of vertical integration meaning in Florida, the same company must grow, process and sell medical marijuana. Thus, this amendment proposal is narrowly drawn, has a little something for all the interested parties and takes a fairly conservative approach to legalizing adult use. Since the Supreme Court has wide discretion in approving these constitutional amendments, it’s hard to predict how they will rule in this case.  However, in my opinion, if it makes it to the ballot in 2024, I think it would likely get more than the needed 60% vote and pass,” Neuberger added.

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