Amendment 3 would legalize recreational use of marijuana

Posted 8/26/24

Amendment 3 would legalize recreational marijuana for adults age 21 and older, who would be allowed to possess up to 3 …

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Amendment 3 would legalize recreational use of marijuana

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Florida voters will find six proposed amendments on the ballot in November.

Amendment 3 would legalize recreational marijuana for adults age 21 and older, who would be allowed to possess up to 3 ounces of marijuana (85 grams) with up to 5 grams of concentrate. Existing Medical Marijuana Treatment Centers would be authorized to sell marijuana to adults for personal use. The Florida State Legislature could provide a state law for other businesses to be licensed to sell marijuana for recreational use.

Amendment 3 was placed on the ballot by voter petitions.

Recreational marijuana has been legalized in 24 states and the District of Columbia. Recreational marijuana is legal in Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, Washington.

Florida’s Amendment 3 does not include home cultivation of marijuana. States that currently allow people to grow their own marijuana plants include: Alaska, Arizona, California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia and the District of Columbia.

Recreational marijuana is legal in Canada and Mexico.

The financial impact statement from Florida Department of Revenue, based on other states’ experiences, estimates sales would generate at least $195.6 million in state and local taxes once the market is fully operational.

Proponents also argue legalization would mean fewer people sent to jail. Under current Florida law, you can be arrested for possession of any amount of marijuana, and charged with a felony if you possess more than 20 grams of flower or any amount of marijuana oil. Florida law allows incarceration for up to one year in jail and fines up to $1,000 for misdemeanor possession. Proponents argue this disproportionately impacts low-income people who cannot afford a lawyer.

 “Amendment 3 is a significant step forward in respecting the personal freedom of Floridians and is crucial in addressing the disproportionate impact that the criminalization of marijuana possession and use has had on Florida’s Black community and other communities targeted by the criminal legal system,” said Bacardi L. Jackson, Executive Director for ACLU of Florida.  “By approving Amendment 3, Florida voters can create a future that is both more equitable and more respectful of the freedom of the people of our state.”

Former President Donald Trump has also come out in support of Amendment 3. On Aug. 31, he posted on Truth Social: "In Florida like so many other states that have already given their approval, personal amounts of marijuana will be legalized for adults with Amendment 3," he posted. "We do not need to ruin lives & waste taxpyaer dollars arresting adults with personal amounts of it on them, and no one should grieve a loved one because they died from fentanyl laced marijuana."

Opponents to legalization argue jail sentences are rare for first-time offenders. The pretrial intervention (PTI) programs help keep misdemeanor offenders out of jail.

Florida Governor Ron DeSantis, who opposes the amendment, argues that if amendment 3 passes, the State of Florida will start to smell like marijuana.

Proponents counter that nothing in Amendment 3 allows people to smoke in public spaces like theme parks, and the Florida Legislature can regulate where smoking is allowed, just as they have done with cigarette smoking.  Since Amendment 3 does not include home cultivation, there is not an issue of pungent plants growing in residential areas.

The Florida Sheriff’s Association opposes Amendment 3, citing road safety concerns. The Florida Police Chief’s Association also opposes legalization of recreational marijuana. "As we represent the highest levels of law enforcement leadership in Florida, we believe that passage of Constitutional Amendment 3 Adult Use of Marijuana – otherwise known as recreational marijuana – will hurt public safety and ultimately cost Floridians tax dollars and lives. Among these impacts will be the growth of illegal markets and criminal cartels, impaired driving and traffic fatalities, homelessness, and hospitalization as a result of marijuana use,” stated FPCA president Chief Charles Vazquez, Tampa International Airport Police Department.

A 60% "supermajority" is required to pass the amendment.

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