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Amendment 3 on legalization of recreational marijuana fails in Florida

The ballot initiative needed to be approved by 60% of voters

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. – Amendment 3, which would’ve legalized the use of recreational marijuana in Florida, has failed.

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If passed, Amendment 3 would’ve allowed adults 21 years old and older to possess about 3 ounces of marijuana, and it would’ve allowed businesses already growing and selling marijuana to sell the drug.

Amendment 3 needed to be approved by more than 60% of voters to take effect.

RELATED | Amendments: Breaking down abortion, marijuana & 4 other changes voters must decide to Florida constitution | Republican state senator claims Florida agencies misused millions in taxpayer money on campaign against Amendment 3

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In the wake of Amendment 3 not passing, the director of the “Vote No on 3” campaign said:

“Even after spending over $150 million -- the most in any drug legalization effort in American history -- the people of Florida saw through Amendment 3’s web of deception and defeated this corporate power grab.”

Smart and Safe Florida, which helped push the “Yes on 3” campaign released this statement:

“Tonight, a strong majority of Floridians voted in support of legalizing recreational marijuana for adults. While the results of Amendment 3 did not clear the 60 percent threshold, we are eager to work with the governor and legislative leaders who agree with us on decriminalizing recreational marijuana for adults, addressing public consumption, continuing our focus on child safety, and expanding access to safe marijuana through home grow.”

And the CEO of FLUENT, a marijuana dispensary in Florida, sent the following statement:

“While it’s unfortunate Amendment 3 did not pass, it underscores the value in FLUENT’s conservative business model. As we look ahead, FLUENT remains committed to the mission of serving the medical cannabis patients of Florida by increasing our retail and cultivation footprint, as well as expanding our product offerings.”

Robert Beasley, CEO of FLUENT

The Florida Democratic Party also issued a statement:

“The failure of Amendment 3 is a direct result of illegal campaign activity by Ron DeSantis and the Executive Office of the Governor,” said FDP Chair Nikki Fried. “Using millions of dollars of opioid settlement money and breaking multiple statutes along the way, Ron used the full force of the state to lie to voters about the effects of cannabis legalization — from enlisting state agencies to produce illegal anti-cannabis propaganda to putting his own Chief of Staff in charge of the campaign effort. Floridians everywhere should be outraged at this stunning government overreach. The so-called party of ‘small government’ has turned Florida into an authoritarian hellscape, and they used taxpayer dollars to do it. Florida Democrats will continue to do everything in our power to hold these extremists accountable for their actions.”

Background

This proposal was one of two placed on the 2024 ballot through petition signatures. The group Smart & Safe Florida sponsored the measure which needed nearly 900,000 petition signatures to get on the ballot. In all, just over one million signatures were found to be valid. The question also passed a review by the Florida Supreme Court.

As of the end of September, Smart & Safe Florida had brought in more than $101 million in contributions to fund its campaign efforts. More than $72 million of that came from Trulieve, one of the medical marijuana dispensaries already operating in Florida.

RELATED | A Jacksonville native is behind a $65-million push to legalize weed in Florida

Medical marijuana use is already legal in Florida.

If it passes: Small amounts of recreational marijuana would be legal for those 21 and older without a doctor’s prescription.

If it fails: The law would remain as it currently exists with individuals able to use marijuana if they have a medical card and purchase it at dispensaries.

This vote also comes at a time when federal officials are moving to reclassify marijuana as a less dangerous drug.

Arguments in favor of Amendment 3

Supporters of recreational marijuana argue that legalization allows for quality control and regulation which would give consumers access to safer products. Bradford County Sheriff Gordon Smith said legalizing marijuana would allow law enforcement to focus on more serious crimes.

“Would you rather have an adult purchasing marijuana from the drug dealer or would you rather have them purchasing it in a store that is regulated, controlled and taxed?” Smith said.

Some Republican leaders, including Florida resident Donald Trump and former state GOP Chairman Sen. Joe Gruters, support legalizing recreational marijuana.

RELATED | Trump supports Florida’s Amendment 3, but says marijuana legalization ‘should be done correctly’

Jacksonville Mayor Donna Deegan has also expressed her support for the initiative.

“I support Amendment 3. People shouldn’t be jailed and caught up in the system for small amounts that are for personal consumption,” she told Florida Politics.

Arguments against Amendment 3

Gov. Ron DeSantis has been outspoken on his vote against Amendment 3.

His main argument against the amendment revolves around the company behind a multimillion-dollar dollar push to legalize weed, Trulieve. DeSantis said the amendment was written to benefit and “shield” that company from liability and accountability.

DeSantis’ arguments against the marijuana initiative also include that it will hurt the state’s tourism because of a weed stench in the air.

RELATED | Casey, Ron DeSantis urge Floridians to vote ‘no’ on Amendment 3, saying it creates a ‘big weed cartel’

DeSantis said the amendment will also have a negative impact on the youth.

Jacksonville Sheriff T.K. Waters has also been outspoken in his opposition to Amendment 3 and said JSO would increase DUI patrols if it passes.

How and when would Amendment 3 be implemented if passed?

If passed, the law would not take effect for six months, in May 2025.

Some questions remain regarding how Amendment 3 would be implemented if it were to pass.

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.

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.

“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.


About the Author
Marcela Camargo headshot

Marcela joined News4JAX in 2023. She grew up in Mexico and eventually moved to California to pursue her dream of becoming a journalist. Now, she is a proud San Diego State University alumna who has many years of experience in TV and digital journalism.

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