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How would Amendment 3 be implemented if passed? It may depend on who your sheriff is, former officer says

Florida voters will have to vote on Amendment 3 to determine if recreational use of marijuana would be legalized. (WJXT, Copyright 2024 by WJXT News4JAX - All rights reserved.)

JACKSONVILLE, Fla. – With election day just around the corner, some questions remain regarding Amendment 3, especially how and when it would be implemented if it were to pass.

Amendment 3 would legalize recreational marijuana for adults 21 years of age and older. It needs 60 percent approval to pass.

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RELATED | Republican state senator claims Florida agencies misused millions in taxpayer money on campaign against Amendment 3 | Casey, Ron DeSantis urge Floridians to vote ‘no’ on Amendment 3, saying it creates a ‘big weed cartel’

While the initiative will be voted on in November, the law would not take effect for six months —in May 2025— if passed.

News4JAX spoke with multiple voters who said they were either unaware of the gap in time before the amendment would take effect or thought marijuana users would just start using anyway.

“Yes, I think they would. They’re already doing it,” said voter Brenda Hines.

Others were unaware of the six-month window before it’s legal.

“Actually I did not until you just told me,” said another voter.

News4JAX Crime and Safety Expert Tom Hackney said some officers might look the other way, but there’s also a risk of them either citing people or looking more closely into what they’re doing.

“Up until that goes into effect you don’t want to be, if you don’t want to be a participant in law enforcement activities, your car wafting a huge smell of marijuana or a person wafting a huge marijuana may be the best thing in your nature to not do that until it’s legal,” said Hackney.

There is also the issue of knowing the top law enforcement officer in the county or city where someone lives. Some support Amendment 3, others don’t.

Bradford County Sheriff Gordon Smith has been outspoken in his support while Jacksonville Sheriff T.K. Waters has been outspoken in his opposition.

“Leadership trickles from the top down and often what the boss believes, you’re gonna believe. And whether that’s good, bad or indifferent, it’s hard to say. But I think you could certainly see that in those counties where the chief executive, the sheriff feels a certain way toward that amendment,” said Hackney.

MORE | Florida officials share different perspectives on marijuana legalization | Sheriff Waters on Amendment 3: Not good for Florida; ‘marijuana smoke is the most offensive smell to me ever’

News4JAX also reached out to the Jacksonville Sheriff’s Office to see how they would respond if the amendment passes.

JSO said it would be premature because the amendment could fail.

“Once (if) passed, and a penned version of a law exists identifying specifics for and/or against the use of marijuana, then would be a better time for this discussion.

At that time, an idea of how JSO would respond to potential violators would begin to form and work its way into policy. And he would be happy to discuss further if and when this occurs. In addition, in case you were not aware, Sheriff Waters has been vocal about his opposition to Amendment 3.”

Jacksonville Sheriff's Office

About the Author
Scott Johnson headshot

Scott is a multi-Emmy Award Winning Anchor and Reporter, who also hosts the “Going Ringside With The Local Station” Podcast. Scott has been a journalist for 25 years, covering stories including six presidential elections, multiple space shuttle launches and dozens of high-profile murder trials.

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