JACKSONVILLE, Fla. – This November, Florida voters will decide if they want to make recreational marijuana legal.
If approved, it could bring changes to our justice system.
There is so much to dig into when discussing legalizing marijuana.
TELL US: With recreational marijuana use on Florida’s November ballot, do you plan to vote for or against it?
For instance, you have people like one News4JAX viewer who said “it might allow those with chronic pain an option when they cannot or don’t want stronger options.”
Those against it said “We have enough DUIs in Florida. Add it to alcohol, a deadly mix.”
The decision would allow companies who already grow and sell marijuana to allow any adults over 21 to purchase it for personal use.
There’s also this perspective: “We need to stop spending on arresting, prosecuting, incarcerating people for simple possession.”
That’s something Public Defender Charlie Cofer — who serves Duval, Clay and Nassau counties as part of Florida’s 4th Judicial Circuit — said he’s seen a lot of.
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He said legalization would free up the already crowded criminal justice system, but not a lot.
“It would reduce some of the demands on the criminal justice system. The number of cases this would reach is not, it would not be a huge impact,” Cofer said.
Possession of 20 grams or less is a misdemeanor and can land you in jail for a year.
A vote “yes” on November’s ballot means residents can have up to three ounces or 84 grams.
It costs roughly $900 to buy three ounces of marijuana at some local dispensaries, which is a lot more than what the drug can be purchased for on the street.
But think about who has been impacted by these marijuana-related arrests.
“Have you seen any disparities when it comes to those who have been arrested for possession of marijuana?” News4JAX asked Cofer.
“Well, certainly we see a lot of young people college-age students people entering into the workforce,” Cofer said.
The earliest data News4JAX could find was from 2020 by the American Civil Liberties Union (ACLU). It found that Black Americans are 3.6 times more likely than white Americans to be arrested for weed possession despite similar usage rates.
In 2022, President Joe Biden pardoned many federal and D.C. offenses for simple marijuana possession offenses, and as of last month, 184 certifications of pardons were issued.
So, what happens to someone who was arrested for marijuana in the past if marijuana is legalized in Florida later this year?
“It’s not automatic that they could go back in and have that conviction set aside or that arrest sealed. It would take enabling legislation to do that,” Cofer said.
Cofer said there would have to be constitutional amendments for that to happen, which he said is unlikely.