If enough voters go for it in November, recreational marijuana for adult use will become legal in Florida.
What will this do to the state's medical marijuana program, overwhelmingly approved by voters in 2016?
As of May 24, 2024, there are currently 882,407 patients with active Medical Marijuana cards in Florida according to the latest update from the state'sDepartment of Health, Office of Medical Marijuana Use(OMMU). But if Amendment 3 passes, anyone 21 years old and older would be able to use and possess up to 3 ounces of marijuana, with some restrictions.
Would there be any reason to have a Medical Marijuana card if you can just head to a licensed marijuana dispensaryand walk on in?
Yes, according to Morgan Hill, spokesperson for Smart & Safe Florida, the backers of the amendment.
"The addition of adult use, if passed, is just that: an addition," Hill said in an email. "The medical marijuana program will remain unchanged, in fact, there will be continued opportunity for the state legislature to improve the medical program in years to come."
What will Florida's recreational marijuana amendment do?
If voters pass the amendment in November, Florida would become the25th state to legalize marijuana usefor fun and not just for medical use. Users would still be required to buy their weed at licensed dispensaries.
Theproposed amendment would do the following:
- Legalize marijuana for adults 21 and older for personal use.
- Legalize the possession, use, processing, and transporting of marijuana, marijuana products and marijuana accessories.
- Preserve current medical marijuana law by repealingNote 1 A. of Florida Statute 381.986 2020, which would otherwise cause it to expire six months after "a constitutional amendment related to cannabis or marijuana is adopted."
- Prevent legislature from limiting marijuana's tetrahydrocannabinol (THC) percentage.
If weed becomes legal, why would people still need a Medical Marijuana card?
If the amendment passes, it will still be up to the Florida Legislature to establish rules and regulations for its sale, and lawmakers may decide to pile on more restrictions to recreational weed than on the medical variety as other states have done. The potency would be the same, but it may cost more and there could be caps on how much you could buy.
"It is possible that, as has been done in other states, the legislature may create specific provisions to ensure that the medical patient’s experience is not disrupted by adult use customers," Hill said.
Recreational marijuana may be heavily taxed
Medical marijuana is not taxed in Florida, but the pot you buy for your weekend will be. "All states tax adult use marijuana," Hill said.
In states where adult-use marijuana is legal, buyers pay excise taxes from 7% up to 37% on top of state sales taxes, according to the Federation of Tax Administrators. Legislators who want to discourage the use of marijuana (and increase state revenue) may want to jack it up. There are already so-called "sin taxes" in Florida for tobacco products, alcohol and gambling.
Medical marijuana may not be as restricted
The Florida legislature may opt to put a cap on how much THC — the psychoactive component of marijuana that gives you the euphoric effect — is allowed, something that was already attempted earlier this year.
Initially, a new bill introduced in the 2024 session ahead of the legalization amendment would have pre-emptively undercut it by capping allowable THC content to 10% in smokable flower, with limits on concentrates, vapes and edibles comparable to other states. It was later amended to 30% but still failed to move. The Legislature could decide to revisit THC caps when they write the new regulations or limit how much you can buy or possess at a time.
Currently, there is no THC restriction for smokable medical marijuana in Florida, although patients are restricted to a 35-day supply under 2.5 ounces unless a qualified physician requests an exception.
"We anticipate that any potency caps would be restricted to adult use customers only," Hill said.
Recreational marijuana is only for adults
The amendment would legalize marijuana for people 21 years of age and older.
However, Florida allows minors to receive medical marijuana provided a qualified physician determines that the benefits outweigh the potential health risks. If the patient is under 18, a parent or caregiver must apply for a Medical Marijuana caregiver card.
Medical marijuana users may get priority
"Time will tell how the Florida legislature differentiates the two programs, but it is true that in every state, operators continue to prioritize ensuring the patient experience is not disrupted in any way," Hill said. "In some cases, that means creating separate lines for patients, or express pickup areas for patients."
You probably won't get to have it delivered, either.
"Home delivery in Florida will remain exclusiveto medical cannabis patients," said Aaron Bloom, CEO of the Florida-based medical marijuana card provider DocMJ, in an email, "and medical marijuana treatment centers will be required to reserve a percentage of product in store for medical patients only, and include designated lines and parking in dispensaries for medical patients only."
How many people have to vote for recreational marijuana in Florida to pass it?
To pass, the recreational marijuana amendment would have to receive a supermajority or 60% of the vote.
In a poll last year by the University of North Florida’s Public Opinion Research Lab,70% of the respondents supported the amendment. However, a USA TODAY/Ipsos poll in April showed only 49% of Florida voters would vote for it, with 14% saying they were unsure or unregistered and 36% against (1% skipped the question).
Ads promoting the amendment have begun blanketing the state, and this week Florida's "Pot Daddy," attorney John Morgan of Morgan & Morgan, announced his endorsem*nt.
Would the amendment make recreational marijuana completely legal?
Not according to the federal government, although plans have been put in motion to reschedule marijuana from its current Schedule I drug status (drugs "with no currently accepted medical use and a high potential for abuse," the same category such as heroin and LSD) to a more benign Schedule III along with ketamine, testosterone, some anabolic steroids or Tylenol with codeine. It would also make the drug eligible for prescription.
Half the country has legalized marijuana in some form and the Biden administration has been sending clear signals that the previous approach to marijuana use was wrong by firstpardoning people with federal convictions for simple possession of marijuanain 2022 and then issuing in December 2023 a "full, complete, and unconditional pardon" toevery American who uses marijuanaor has in the past.
Editor's note: Quote has been correctly attributed to Aaron Bloom.
