If more than 60 percent of voters approve a state amendment to legalize recreational marijuana in the November general election, all of Florida will go up in smoke, DeSantis railed at an April 4 press conference after the Florida Supreme Court approved the ballot measure.
"It's basically a license to have it anywhere you want," the governor groused. "This state will start to smell like marijuana in our cities and towns. Do we want to have more marijuana in our communities? I don't think it'll work out well, but it is a very, very broad amendment."
At an April 17 bill signing, the governor reiterated his aversion to the sticky-icky, warning voters that legalization of recreational weed will stink up the streets and "change the quality of life in our communities."
DeSantis needs to chill out.
The proposed amendment "expressly empowers" the state legislature to enact laws governing marijuana distribution and usage in public places — as does the state constitution — notes a spokesperson for Smart & Safe Florida, the political action committee backing the ballot measure.
"Please note that while you may have the right to smoke tobacco, you do not have the unrestricted right to smoke in public places like restaurants and libraries," the spokesperson tells New Times. "The same would apply to public smoking of marijuana. And we, of course, would strongly support the limitations of public smoking just as the state already does for tobacco products."
A careful reading of the recreational marijuana amendment's ballot summary shows that Florida's cannabis industry would still be subject to a regulatory framework. And nothing in the ballot language blocks municipalities and counties from prohibiting and limiting where marijuana flower and products can be sold and consumed — just as local governments have been doing since Florida voters approved medical marijuana legalization.
Ahead of the vote, here are some facts worth knowing about the recreational marijuana amendment:
How Old Will You Have to Be to Buy Legal Marijuana?
The amendment, entitled "Adult Personal Use of Marijuana," would allow people 21 years old or older to purchase, possess, and use marijuana products and accessories. If it passes, an adult would be allowed to possess no more than three ounces of cannabis flower and five grams of cannabis concentrate. You won't get busted in jail if police find the permissible quantity of marijuana on your person. The amendment makes it clear that individuals "shall not be subject to criminal or civil liability or sanctions under Florida law" for personal cannabis possession.
That said, the proposed amendment notes that the measure does "not change or immunize violations of federal law," which continues to prohibit possession and distribution of cannabis.
Governor Buzzkill
Photo by Joe Raedle/Getty Images
Who Will Get to Grow and Sell Marijuana?
With the passage of the medical marijuana amendment eight years ago, the legislature enacted regulations that call for a so-called vertical integration business model. That means a single entity must control every aspect of a cannabis venture, from seed to sale. Each entity must also operate or partner with a Florida-based farm for cannabis cultivation and processing. Florida’s Office of Medical Marijuana has licensed 25 operators that have opened more than 600 dispensaries across the state, with cannabis giants like Curaleaf and Verano (AKA Müv) dominating the market while nationally known cannabis brands such as Cookies and Jungle Boys seek to grow their footprint in the state. The proposed amendment would allow current medical marijuana treatment centers to sell cannabis products to adults for personal use.
The measure would also grant the state legislature the power to enact laws allowing new sellers that are not medical marijuana companies to "acquire, cultivate, possess, process, transfer, transport, sell, and distribute marijuana products and marijuana accessories for personal use by adults."
If passed, Florida's recreational cannabis amendment will allow folks 21 and older to possess up to three ounces of marijuana flower.
Photo by Daniel Oberhaus/Flickr
What Are the Chances Voters Will Pass the Amendment?
Because the Republican-dominated legislature has an enduring disdain for passing marijuana legalization, residents had to resort to a ballot initiative process that requires at least 60 percent of voters to say "yes" for the amendment to become enshrined in the Florida Constitution.The Florida Supreme Court approved the ballot question and summary on April 1, rejecting a challenge from Florida Attorney General Ashley Moody, whose office argued that the item misled voters about cannabis remaining illegal under federal law.
In 2016, Florida's medical marijuana amendment passed with 71.3 percent of the vote — a good sign for recreational cannabis supporters. Additionally, Smart & Safe Florida is backed by the deep pockets of the state's medical marijuana titan, Trulieve, a Quincy, Florida-based company that owns the largest share of medical marijuana dispensaries in Florida and already spent more than $40 million to get the recreational measure on the ballot.
Other players including Verano, Curaleaf, and AYR Wellness have announced they will spark up the general election campaign as well. Those three companies donated a combined $3.5 million to Smart & Safe Florida in March, according to a recent campaign-finance report. The PAC has a $15 million head start for its campaign operations.
Recreational cannabis amendments have passed by a 60 percent threshold in three states since 2020: Arizona, Maryland, and New Jersey.
In the past two years, voters in a handful of red states rejected recreational marijuana amendments. During that same span, Florida’s GOP has overrun the state Democratic party by gaining hundreds of thousands of voters.
In March, the Pew Research Center released a national survey of 5,140 voters who were asked about their views on recreational marijuana. The poll showed that only 34 percent of conservative Republicans say marijuana should be legal for medical and recreational use, compared with a 57 percent majority of moderate and liberal Republicans.
In addition to DeSantis, the recreational marijuana amendment will likely draw opposition from the Drug Free Coalition and other anti-drug groups. In a recent interview with the Florida Phoenix, an opposition leader expressed confidence that the amendment will fail in Florida.
"I think that our coalition can raise enough money and do enough to educate the public to win this ballot measure," said Luke Niforatos, executive vice president of Smart Approaches to Marijuana. "I don't know what that final number looks like, but it will definitely be under 60 percent."
