JACKSONVILLE, Fla. – Tuesday is the day Floridians are expected to find out whether recreational marijuana will be legalized or kept illegal for personal use in the state.
Amendment 3, if passed, would allow adults 21 years old and older to possess about 3 ounces of marijuana, and it would allow businesses already growing and selling marijuana to sell the drug.
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Amendment 3 needs to be approved by more than 60% of voters to take effect.
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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.
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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.
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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.
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.