Legal Opinion · Dissent

Advisory Opinion to the Attorney General Re: Use of Marijuana for Certain Medical Conditions

Supreme Court of Florida

Decided January 27, 2014No. SC13-2006, SC13-2132Published

1DissentPolston, C.J.

I respectfully dissent because placing this initiative’s title and summary on the ballot will result in Floridians voting on a constitutional amendment in disguise. The majority fails to acknowledge that the normal and common sense meaning of the words used in this initiative’s ballot summary and title are significantly different than the normal and common sense meaning of the words used in the amendment’s text. The majority also fails to follow its own prior amendment cases.

Given the plain meaning of the words used, the ballot summary and title mislead voters and do not disclose the true…

2Cases cited20 opinions

  1. Gonzales v. RaichSupreme Court of the United States · 2005
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
  4. City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc.California Supreme Court · 2013
  5. Advisory Opinion to Atty. Gen.-Limited Political TermsSupreme Court of Florida · 1991

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