Florida court deals blow to marijuana ballot initiative
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The Florida Supreme Court on Thursday dealt a potentially fatal blow to supporters of a proposed constitutional amendment aimed at legalizing marijuana under certain circumstances.
The justices ruled that the initiative’s ballot summary is “misleading” in part because it does not spell out that recreational marijuana possession and distribution remains a federal crime.
“The point is that a summary should not contain language that is affirmatively misleading and creates a risk that voters will be confused,” the majority justices wrote in a 5-2 ruling.
The ruling came after Attorney General Ashley Moody requested an advisory opinion on whether the marijuana initiative was valid.
A group called Make It Legal Florida had been gathering petition signatures in hopes of placing the initiative on the 2022 ballot. Now, they will have to start all over again.
The group would need more than 891,000 signatures to get the marijuana measure on the 2022 ballot
The proposal would permit Floridians 21 and older to possess up to 2.5 ounces (70 grams) of marijuana for personal use, with some restrictions over where it could be used. The court majority objected to the summary because they said it implies Floridians would be completely free of criminal exposure despite federal law.
The court reasoned that the ballot summary “affirmatively misleads voters into believing that the recreational use of marijuana in Florida will be free of any repercussions, criminal or otherwise.”
Justices Jorge LaBarga and Allen Lawson dissented, with Lawson filing an opinion saying the ballot summary accurately describes what the proposed amendment would do. Lawson said he would have approved it.
Florida voters in 2016 approved a constitutional amendment permitting medical use of marijuana.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.