The 2024 Florida Amendment Series: Amendment 3 - Recommendation
Bottom Line: There will be six proposed constitutional amendments on Florida’s ballots in November’s general election. Four of those proposed amendments were referred by the Florida legislature and two were citizen led proposals which met all requirements for consideration by voters. The third of the six proposed amendments set to appear on our ballots this year would constitutionally permit recreational marijuana sales and use within the state. Here’s how the proposal will appear on our ballots in November:
Adult Personal Use of Marijuana
Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.
- A "yes" vote supports legalizing marijuana for adults 21 years old and older and allowing individuals to possess up to three ounces of marijuana.
- A "no" vote opposes legalizing marijuana for adult use in Florida.
In support of the measure the PAC which sponsored this proposed amendment – Smart and Safe Florida stated: The industry is sustainable and growing. There is no evidence that legalizing marijuana for medical or recreational use at the state level, as 37 states already have done, has boosted underage consumption from the regulated marketplace. The continued black market sale of marijuana perpetuates a culture of criminality. ... If adult-use cannabis is legalized, Florida users will have accountability, transparency, and regulations in place to ensure products are not laced with or contain potentially deadly chemicals.
In opposition to the proposed amendment Governor Ron DeSantis has stated: (The proposals) are very, very extreme. It’s basically a license to have it anywhere you want. So no time, place and manner restrictions. This state will start to smell like marijuana in our cities and towns.
My recommendation is a “No” vote on Amendment 3 and the reasons are straight-forward. First of all, this is a matter that could be handled legislatively. Amending the state’s constitution for the purpose of gaining access to recreational marijuana isn’t the appropriate way to go about legalizing marijuana and that leads to the second reason I have for opposing this amendment. No matter how Floridians vote on Amendment 3 in this election cycle, recreational marijuana won’t be legal in Florida. Marijuana remains a schedule 1 drug according to the federal government. The federal government retains superseding authority over state policies pertaining to controlled substances. This means that any businesses transacting in marijuana would not be able to access the traditional banking system and could be charged with drug trafficking if the DEA choose to enforce federal policy against Florida’s businesses. Likewise, those purchasing recreational marijuana would also be breaking federal law. If Floridians want legal marijuana, they should petition their federal representation to enact policy decriminalizing it at the federal level.
The proposed amendment needs a minimum of 60% support to pass.