WEST PALM BEACH, Fla. (CBS12) — The fight over legalizing recreational marijuana is heating up.

Florida’s largest marijuana distributor is suing the state republican party over ads encouraging voters to say “no” to Amendment 3.

Trulieve, the marijuana company behind this lawsuit, has spent nearly $100 million supporting legalization in Florida.

Even with all that money behind it, a recent FAU poll shows that just 56% of Floridians will vote yes on Amendment 3.

In this 13-page defamation lawsuit, Trulieve, the marijuana company supporting Amendment 3 claims the Florida Republican Party is misleading voters with TV ads.

It was paid for by the ‘No On 3’ campaign.

It blames “Big Weed” for making sure ordinary Floridians won’t be able to grow their pot if Amendment 3 becomes law.

Here’s the argument:

Amendment 3 would allow people 21 and older to buy, possess, and use recreational marijuana.

However, homegrown marijuana is against the law in Florida. Amendment 3 does nothing to change that.

Opponents of Amendment 3 – including Governor Ron DeSantis – say it gives control over supply to marijuana companies like Trulieve.

“I’ve had some people come to me and say ‘Yeah, you know, I don’t like marijuana but maybe I’ll grow it on my farm or something like that.’ no, no, no. You will not be allowed to. They are basically putting corporate protectionism in the constitution to protect them, so they get to sell it all,” said Governor DeSantis during a Florida GOP Convention.

In a statement to CBS12 News, chairman of the Florida GOP Evan Power said “They are using lawfare to try to silence us, but we will not be deterred in our efforts”

With polls this close, it’s not surprising Trulieve might want to see an ad off the air if it’s getting a message across they don’t like.

For now, the ad is still running.

An interesting note on this – there is one high-profile Florida Republican who will be voting for Amendment 3 – former President Donald Trump.

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