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A circuit judge backed arguments by Smart & Safe Florida, which faces a Sunday deadline for submitting enough valid signatures to put the proposed amendment on the November ballot.
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The three-judge panel overturned a circuit court's ruling on inactive voters and upheld a ruling on petitions gathered by nonresidents, with the net effect of invalidating more than 70,000 signatures.
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The measure would prohibit smoking or vaping marijuana in a variety of places, such as streets, parks, beaches, government buildings, office buildings, lodging establishments and restaurants.
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The committee behind the proposed constititional amendment filed a lawsuit asking a judge to order Secretary of State Cord Byrd and his office to “comply with their statutory obligations.”
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The state urges a judge to reject a lawsuit challenging directives that invalidated tens of thousands of petition signatures for a proposed ramendment, citing fraud prevention and voter inactivity.
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The Florida Supreme Court will make a decision on whether the proposed recreational constitutional amendment meets legal tests to go on the November ballot.
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In the latest battle over marijuana legalization, Smart & Safe Florida alleges in a lawsuit that Secretary of State Cord Byrd improperly directed county election supervisors to invalidate about 71,000 petitions.
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The bill that ended the shutdown includes a provision to ban THC drinks and snacks derived from hemp. The $24 billion industry is now scrambling to save itself before the measure takes effect a year from now.
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Lawyers for the Smart & Safe Florida committee said they were waiving the right to appeal Leon County Judge John Cooper's ruling “to provide finality to this matter and certainty to the result.”
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Despite the rise in use, seeking treatment for cannabis use disorder has become less common. Experts say this is partly due to the misconception that marijuana is safe and nonaddictive.
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Elections officials sent the proposed constitutional amendment to the attorney general and advised Smart & Safe Florida that the measure was headed to the Florida Supreme Court for review.
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The proposal adds marijuana to a series of outdoor public places where smoking tobacco is already banned.