The third of six proposed amendments to the Florida Constitution in the 2024 election would legalize recreational marijuana for adults 21 years of age and older.
This proposal was one of two placed on the 2024 ballot through petition signatures. The group Smart & Safe Florida sponsored the measure, and led the effort to collect nearly 900,000 petition signatures. In all, just over one million signatures were found to be valid, clearing the critical hurdle. The question also passed review by the Florida Supreme Court.
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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.
Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.
The amendment’s financial impact primarily comes from expected sales tax collections. If legal today, sales of non-medical marijuana would be subject to sales tax and would remain so if voters approve this amendment. Based on other states’ experiences, expected retail sales of non-medical marijuana would generate at least $195.6 million annually in state and local sales tax revenues once the retail market is fully operational, although the timing of this occurring is unclear. Under current law, the existing statutory framework for medical marijuana is repealed six months after the effective date of this amendment which affects how this amendment will be implemented. A new regulatory structure for both medical and nonmedical use of marijuana will be needed. Its design cannot be fully known until the legislature acts; however, regulatory costs will probably be offset by regulatory fees. Other potential costs and savings cannot be predicted. THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR AN INCREASE IN GOVERNMENT SERVICES.
All voters will be asked to say “yes” or “no.” It takes 60% of the vote for any amendment to be added to the constitution.