Florida Amendment 3 on recreational marijuana falls short of 60% threshold in the Nov. 5, election

ORLANDO, Fla. – Florida Amendment 3, the proposed amendment to Florida’s constitution that would legalize the recreational use of marijuana for people age 21 and over, has failed.

Amendment 3 would enshrine the right of adults to use recreational marijuana products for personal use in Florida’s Constitution. Florida would follow 24 other states, three U.S. territories and the District of Columbia in legalization, according to the National Conference of State Legislatures.

In order to pass, the amendment would need to get approval from 60% of voters. If approved, the amendment would take effect 6 months later.

Here’s what you need to know.

[RESULTS 2024: Complete Coverage | Voter Guide for the Nov. 5 election | Here are the 6 amendments that will be on the Florida ballot in November]

Ballot language

BALLOT SUMMARY:

From the Florida Division of Elections website:

“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.”

In addition to this summary, there will also be a financial impact statement on the ballot that was added by the state:

“The amendment’s financial impact primarily comes from expected sales tax collections. If legal today, sales of non-medical marijuana would be subject to sales tax and would remain so if voters approve this amendment. Based on other states’ experiences, expected retail sales of non-medical marijuana would generate at least $195.6 million annually in state and local sales tax revenues once the retail market is fully operational, although the timing of this occurring is unclear. Under current law, the existing statutory framework for medical marijuana is repealed six months after the effective date of this amendment which affects how this amendment will be implemented. A new regulatory structure for both medical and non-medical use of marijuana will be needed. Its design cannot be fully known until the legislature acts; however, regulatory costs will probably be offset by regulatory fees. Other potential costs and savings cannot be predicted.”

Amendment 3 essentially amends Article X, Section 29 of the Florida Constitution. This is the section that legalized medical marijuana, which Florida voters approved in 2016. Here’s what that would look like.

Breaking down the amendment

Supporters of a proposed state constitutional amendment that would legalize recreational marijuana say the measure will generate millions of dollars in sales tax revenue while assuring Floridians can purchase safe products.

However, critics warn that enshrining the right to use marijuana in the state’s constitution could limit lawmakers’ ability to restrict where it can be smoked while generating huge profits for the existing medical marijuana industry.

According to the ballot summary, the amendment “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.”

The amendment only applies to Florida law and does not change or immunize federal law violations, according to the amendment.

Individuals would not be allowed to grow marijuana plants if the amendment passes.

Instead, the amendment “allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories.”

Individuals would be allowed to possess up to 3 ounces of marijuana — equivalent to approximately 170 joints — or up to five grams of concentrated cannabis.

Trulieve, the state’s leading provider of medical marijuana, has contributed nearly 92% of the $101 million raised by Smart and Safe Florida to place the amendment on the ballot and promote it.

“No one should be in jail or fear arrest for purchasing cannabis in the State of Florida,” said Angie McGough, Trulieve’s vice president of operations. “Floridians deserve the right to purchase safe product in a safe environment.”

Critics of the measure, including Vote No on Amendment 3, claim the amendment was written to benefit the existing marijuana industry while making it difficult for individuals and small businesses to profit from it.

“This is about big, mega marijuana corporations coming in and infiltrating our state,” said Dr. Jessica Spencer, Vote No on Amendment 3′s director of advocacy. “Florida would be known as the largest legal cannabis market. We don’t want that.”

Sales of non-medical marijuana would generate at least $195.6 million annually in state and local tax revenues once the retail market is fully operational, according to the financial impact statement. There is no indication how the Florida legislature might allocate such new tax revenue.

That same financial report does not conclude whether the state could face higher or lower health care and criminal justice costs if the amendment passes.

“There are proven benefits to the revenue for the state, both from an employment standpoint and also from a tax benefit,” said McGough.

Critics believe taxes on legal cannabis could drive users to potentially unsafe marijuana sold on the black market.

“Individuals are going to be seeking less expensive options, as they have in other states,” said Spencer.

Trulieve representatives note that all marijuana sold by state-licensed providers must undergo third-party testing.

“It’s still going to be monitored from seed to sale,” said McGough. “They actually can get safe product versus the risk of getting something that’s laced with fentanyl on the street. So that’s why we’re so strongly in favor of passing adult use.”

Under current Florida law, high-THC medical marijuana cannot be smoked in public or on any form of public transportation.

The proposed amendment authorizing recreational marijuana use does not place any restrictions on where it can be smoked.

While some amendment supporters have suggested that state lawmakers or local leaders could pass smoking bans to limit where marijuana can be used, critics believe such restrictions would face legal challenges.

“(You’d be) violating my constitutional right to smoke pot where I want to,” said Spencer. “That’s the problem with a constitutional amendment. You have to be very careful when you’re making decisions on voting yes or no on constitutional amendments because they will forever be enshrined as written in the state constitution, and we will not be able to make any changes to it that are not consistent with the (amendment) language.”

Bottom Line

A “YES” vote on Amendment 3 means you are allowing adults to use marijuana for recreational purposes in Florida.

A “NO” vote on Amendment 3 means you are against allowing adults to use marijuana for recreational purposes in Florida.

Get today’s headlines in minutes with Your Florida Daily: