Adult-Use Cannabis to Appear on the November Ballot in Florida

As the debate over adult-use cannabis legalization continues to gain momentum across the United States, Florida finds itself at a critical juncture with Amendment 3 slated for the November 2024 ballot. Sponsored by Smart and Safe Florida, Amendment 3 aims to legalize recreational cannabis for adults twenty-one (21) years of age and older, ushering in a new era of regulatory oversight and economic opportunity. 

Pursuant to the proposed Florida constitutional amendment, existing Medical Marijuana Treatment Centers will be authorized to expand their services to cater to adults for recreational use. Adults would also be permitted to possess up to three (3) ounces (i.e., 85 grams) of cannabis. At present, possession of over twenty (20) grams of cannabis currently constitutes a felony in Florida, carrying a potential prison sentence of up to five (5) years. Possession of twenty (20) grams or less of cannabis is a misdemeanor punishable by up to one (1) year in jail. Notably, the proposed amendment does not include any retroactive legality or retribution measures for Floridians convicted of crimes that would be made legal under Amendment 3.  

Smart and Safe Florida, the driving force behind the initiative, emphasizes the potential benefits of adult-use legalization to Florida’s economy. In 2023, Florida’s Financial Impact Estimating Conference (FIEC) projected that Amendment 3 would generate anywhere between $195.6 and $431.1 million in state and local sales tax within the first year of operations should enough Floridians vote “yes.” 

Unlike many states that only require more than fifty percent (50%) of the vote to pass a ballot initiative, in Florida, sixty percent (60%) percent of voters will need to vote “yes” for the constitutional amendment to come into effect. In 2016, medical cannabis was approved by seventy-one percent (71%) of Florida voters. Industry experts anticipate a similar outcome in November. 

While hopes are high for a monumental policy change for the Sunshine State, not everyone is on board with Amendment 3. Opponents, including Governor Ron DeSantis, Drug Free America, the Florida Chamber of Commerce, and Florida Attorney General Ashley B. Moody, have raised concerns regarding the initiative’s implications. Governor Ron DeSantis expressed his disdain for the initiative, asserting that there needs to be more stringent measures on when and where cannabis can be smoked. Attorney General Ashley Moody also filed briefs with the State Supreme Court seeking to prevent the amendment from appearing on the ballot. Nonetheless, on April 1, 2024,  the Florida Supreme Court overruled Moody on this challenge. 

Florida’s Amendment 3 reflects a broader trend towards reevaluating cannabis policies nationwide. As of April 2024, recreational cannabis is legal in twenty-four (24) states and Washington D.C. If successfully enacted, Florida would be the 25th state to legalize adult-use in the United States. As voters prepare to cast their ballots this fall, they face a decision that extends beyond the state’s borders. The outcome of this referendum will not only shape the future of cannabis regulation in Florida but will also influence the trajectory of legalization efforts across the country. 

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