Ashley Moody | |
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38th Attorney General of Florida | |
Assumed office January 8, 2019 | |
Governor | Ron DeSantis |
Preceded by | Pam Bondi |
Judge of the Thirteenth Judicial Circuit Court of Florida | |
In office January 2,2007 –April 28,2017 | |
Succeeded by | Jennifer Gabbard |
Personal details | |
Born | March 28,1975 Plant City,Florida,U.S. |
Political party | Republican (1998–present) |
Other political affiliations | Democratic (before 1998) |
Spouse | Justin Duralia |
Children | 2 |
Parent |
|
Education | University of Florida (BS, MS, JD) Stetson University (LLM) |
Signature | |
Ashley Brooke Moody (born March 28, 1975) is an American attorney and politician serving as the attorney general of Florida since January 2019. Moody previously served as an assistant U.S. attorney and a circuit court judge in Hillsborough County.
During her tenure as Florida attorney general, Moody has supported lawsuits to invalidate the Affordable Care Act, advocated against restoration of voting rights for former felons, and opposed the legalization of recreational marijuana. Moody was a significant surrogate of then-President Donald Trump in Florida during the 2020 presidential election, and joined in the Texas v. Pennsylvania lawsuit, which sought to overturn the results of the election.
Moody was born in Plant City, Florida, on March 28, 1975. [1] She is the oldest of three children born to Carol and Judge James S. Moody Jr. [2]
Moody graduated from Plant City High School in 1993. [3] She received a bachelor's degree and master's degree in accounting from University of Florida. While attending the University of Florida, she served as president of Florida Blue Key. [4] Moody earned a Master of Laws in international law from Stetson University College of Law, and her Juris Doctor from the University of Florida School of Law. [5]
Moody interned for Martha Barnett, the president of the American Bar Association, [2] and later joined the law firm Holland & Knight, working in civil litigation. [6]
In January 1998, Moody switched her party affiliation from Democratic to Republican. Upon his election, Florida governor Jeb Bush appointed her to be the student representative on the Board of Regents, a now-defunct body that ran the state's university system. [1]
Moody was appointed an assistant U.S. attorney for the Middle District of Florida. [6] In 2006, Moody was elected to the Thirteenth Judicial Circuit Court of Florida, which consisted of Hillsborough County. [7] [8] [9]
On April 28, 2017, Moody resigned from the court to run for Florida attorney general in the 2018 election. [10] [11] In the Republican primary, Moody defeated state representative Frank White, who attacked Moody for her prior registration as a Democrat. [12] [13] In the general election, Moody defeated Democratic nominee Sean Shaw, a state representative, with 52% of the vote to Shaw's 46%. [14]
Moody was reelected in the 2022 election against Democratic nominee Aramis Ayala, winning by a margin of approximately 20%. [15] [16]
Moody kept Florida in a lawsuit that seeks to have the Affordable Care Act deemed unconstitutional. [17] [18]
In May 2020, Moody urged the federal government to drop its case against Trump associate Michael Flynn who had pleaded guilty to lying to the FBI. [19]
Moody argued for the disqualification of a 2022 ballot measure to legalize recreational cannabis in Florida, contending that the proposed amendment was misleading because the summary (which could not be longer than 75 words) did not clarify that cannabis would remain illegal under federal law. [20] [21] The Supreme Court of Florida agreed in a 5–2 ruling in April 2021, effectively killing the initiative which had already received 556,049 valid signatures of 891,589 required to appear on the ballot. [22] [23] Two months later, in June 2021, the court granted Moody's request that a second ballot measure to legalize recreational cannabis be disqualified from the 2022 ballot, in another 5–2 ruling that deemed the measure "affirmatively misleading". [24] [25]
In June 2023, Moody argued for the disqualification of a 2024 ballot measure to legalize recreational cannabis in Florida, filing a 49-page legal brief that asserted once again that the summary failed to make clear that cannabis would remain illegal under federal law, among other arguments put forth in the brief. [26] The challenge sought to strike down the initiative which had received 967,528 of a required 891,523 valid signatures to appear on the ballot. [27] The Florida Supreme Court ruled in April 2024 in a 5–2 ruling against Moody that the initiative would remain on the ballot. [28] [29]
Moody opposes the restoration of voting rights for former felons. [30] Following the passing of Voting Rights Restoration for Felons Initiative in 2018, Moody, along with Governor Ron DeSantis, helped push a bill through the Florida Senate that would only restore voting rights to eligible felons once the felon has paid all of their court fees. In September 2020, after billionaire Michael Bloomberg raised $16 million to pay 32,000 felons' court fees, which would make them eligible to vote in the 2020 elections, Moody asked the Federal Bureau of Investigation and the Florida Department of Law Enforcement to investigate Bloomberg, claiming he potentially violated election laws. [31]
During the 2020 presidential election, Politico described Moody as "one of Donald Trump's biggest surrogates" in Florida. [4] After Joe Biden won the election and Trump refused to concede, Moody took a leading role in aiding Trump's attempts to overturn the election. [19]
On December 9, 2020, Moody and 15 other state attorneys general announced their support for a lawsuit by Ken Paxton, the Texas attorney general, asking the Supreme Court of the United States to invalidate the presidential election results in Georgia, Michigan, Pennsylvania, and Wisconsin, which were all won by Biden. [32] There was no evidence of large-scale fraud in the election, [33] [34] and the court decided 7-2 not to hear the Texas lawsuit. [35] [36]
Moody was on the board of directors for the Rule of Law Defense Fund. In January 2021, the organization encouraged the gathering at the Capitol building to call for a halt on the counting of the Electoral College ballots, which they contended were fraudulent. After the pro-Trump mob stormed the Capitol, Moody removed any references to the Rule of Law Defense Fund from her online biography. [19]
In 2021, amid the COVID-19 pandemic, Moody sued the federal government and the CDC for instituting requirements that cruise ships require 95% of cruise passengers to be fully vaccinated to sail. [37] [38]
Although nearly a million Floridians, 76% of them women, signed petitions to certify a 2024 ballot measure which would preserve and expand abortion rights, Moody petitioned to the state Supreme Court in January to keep state voters from being able to vote in its favor, claiming its language could mislead voters. Hundreds of Florida Republicans donated to help finance the initiative campaign. [39]
Moody is married to Justin Duralia, a deputy chief with the Plant City Police Department. They have two sons together. [40] Their elder son is serving in the United States Army. [41]
Party | Candidate | Votes | % | ±% | |
---|---|---|---|---|---|
Republican | Ashley Moody | 41,522 | 39.08% | N/A | |
Democratic | Gary Dolgin | 33,675 | 31.70% | N/A | |
Independent | Pat Courtney | 31,042 | 29.22% | N/A | |
Majority | 7,847 | 7.38% | N/A | ||
Turnout | 106,239 |
Party | Candidate | Votes | % | ±% | |
---|---|---|---|---|---|
Republican | Ashley Moody | 142,610 | 60.31% | N/A | |
Democratic | Gary Dolgin | 93,854 | 39.69% | N/A | |
Majority | 48,756 | 20.62% | N/A | ||
Turnout | 236,464 |
Party | Candidate | Votes | % | ±% | |
---|---|---|---|---|---|
Republican | Ashley Moody | 882,028 | 56.80% | N/A | |
Republican | Frank White | 670,823 | 43.20% | N/A | |
Majority | 211,205 | 13.60% | N/A | ||
Turnout | 1,552,851 |
Party | Candidate | Votes | % | ±% | |
---|---|---|---|---|---|
Republican | Ashley Moody | 4,232,532 | 52.11% | −2.96% | |
Democratic | Sean Shaw | 3,744,912 | 46.10% | +4.09% | |
Independent | Jeffrey Marc Siskind | 145,296 | 1.79% | N/A | |
Majority | 487,620 | 6.01% | −7.07% | ||
Turnout | 8,122,740 | ||||
Republican hold |
Party | Candidate | Votes | % | ±% | |
---|---|---|---|---|---|
Republican | Ashley Moody (incumbent) | 4,651,279 | 60.59% | +8.48% | |
Democratic | Aramis Ayala | 3,025,943 | 39.41% | −6.69% | |
Total votes | 7,677,222 | 100.0% | |||
Republican hold |
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
Cannabis in Montana has been legal for both medical and recreational use since January 1, 2021, when Initiative 190 went into effect. Prior to the November 2020 initiative, marijuana was illegal for recreational use starting in 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, revising the 2004 law and allowing providers to service more than three patients. In May 2023, numerous further bills on cannabis legalization and other related purposes passed the Montana Legislature. The Governor of Montana is yet to either sign or veto the bill.
Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.
Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.
The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.
The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the Tuesday, November 8, 2016, general election in the State of Florida. The bill required a super-majority vote to pass, with at least 60% of voters voting for support of a state constitutional amendment. Florida already had a medical marijuana law in place, but only for those who are terminally ill and with less than a year left to live. The goal of Amendment 2 is to alleviate those suffering from these medical conditions: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition or other debilitating medical conditions comparable to those listed. Under Amendment 2, the medical marijuana will be given to the patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Smoking the medication was not allowed under a statute passed by the Florida State Legislature, however this ban was struck down by Leon County Circuit Court Judge Karen Gievers on May 25, 2018.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Sean Michael Shaw is an American attorney and politician from the State of Florida. A member of the Democratic Party, he represented Florida House of Representatives District 61, which includes portions of Hillsborough County in and around Tampa, including Ybor City and Tampa Heights, from 2016 to 2018. Shaw was the Democratic nominee for the 2018 Florida Attorney General election.
Laurel Frances Lee is an American lawyer and politician serving as the U.S. representatives for Florida's 15th congressional district since 2023. A member of the Republican Party, she was a judge on Florida's Thirteenth Judicial Circuit from 2013 to 2019 and was the 30th Secretary of State of Florida from 2019 to 2022.
Montana I-190, the Montana Marijuana Legalization and Tax Initiative was a cannabis legalization initiative that appeared on the November 3, 2020 Montana general election ballot. Passing with 57% approval, the initiative legalized recreational marijuana in the state effective January 1, 2021. Along with Arizona, New Jersey and South Dakota, Montana was one of four states that legalized cannabis via ballot measures in the November 2020 election.
Arizona Proposition 207 was a voter initiative that appeared on the November 3, 2020, Arizona general election ballot to legalize cannabis for recreational use. Passing with 60% of the vote, the initiative legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and personal cultivation of up to six plants. Along with Montana, New Jersey and South Dakota, Arizona is one of four states that legalized recreational marijuana via ballot measures in 2020.
The 2022 Florida Attorney General election took place on November 8, 2022, to elect the Florida Attorney General. Incumbent Republican Attorney General Ashley Moody was reelected for a second term, defeating Democratic challenger Aramis Ayala by a 21-point margin.
South Dakota Constitutional Amendment A, the Marijuana Legalization Initiative, was a cannabis legalization initiative that appeared on the November 3, 2020 South Dakota general election ballot. Passing with 54% of the vote, the measure would have legalized recreational marijuana in South Dakota effective July 1, 2021. Additionally, Amendment A required the South Dakota State Legislature to establish a medical marijuana program and legal hemp sales by April 1, 2022.
U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time.
2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.
Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in the U.S. state of Oklahoma. It would have placed Oklahoma Medical Marijuana Authority in charge of business regulation. It appeared on the March 7, 2023 in a special election to consider this single State Question. Governor Kevin Stitt, who opposed the measure, set the special election in a successful attempt to limit voter turnout.
Florida Amendment 3, is a proposed constitutional amendment to the Florida Constitution subject to a direct voter referendum on November 5, 2024 that would partially legalize cannabis for possession, purchase, or recreational use in Florida for adults 21 years or older.
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