Floridians will soon decide whether to legalize recreational marijuana.
Amendment 3 will need the support of at least 60% of voters in the election on Nov. 5 to pass.
Supporters argue that Floridians should be free to choose whether to smoke pot for fun, and legalization can be done in a safe way that will generate tax revenue for the state. Opponents say the amendment is too broad and will lead to more drug use in Florida.
“This state will start to smell like marijuana in our cities and towns,” Gov. Ron DeSantis said. “It will reduce the quality of life.”
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It won’t be a free-for-all if voters legalize marijuana for recreational use, said Paula Savchenko, founding partner of South Florida-based Cannacore Group, which provides legal assistance to businesses in the marijuana industry.
“A lot of people have the concern that, ‘Oh no, they are going to do this without regulations,’” Savchenko said. “That’s just not the reality of what is going to happen.”
Here’s what you need to know.
Q: How old would you have to be to buy marijuana legally?
A: The amendment specifies that Floridians 21 years and older can buy up to 3 ounces of marijuana for personal use. Anyone under that age without a medical marijuana card would still be subject to criminal penalties. Possession of up to 20 grams of marijuana is a misdemeanor offense in Florida, punishable by up to a year’s imprisonment and a $1,000 fine.
Q: When would marijuana become legal?
A: The amendment would take effect six months after it is approved by voters, putting the legalization date on May 5, 2025. But Savchenko said she thinks it could take up to a year for regulations to be put into place and operators to gear up for recreational marijuana.
Marijuana is illegal under federal law, but U.s. authorities have largely stayed away from enforcing it in states that have legalized the drug. Twenty-four states and the District of Columbia have legalized recreational marijuana as of February, according to the Pew Research Center.
Q: Where would you buy marijuana?
A: You won’t be able to pick up marijuana at a grocery store or pharmacy, although at least one operator has pitched the idea of selling medical pot at dispensaries next to Circle K gas stations. If recreational marijuana becomes legal, the state’s 25 licensed medical pot companies would be able to sell it. The state is planning to issue an additional 22 medical marijuana licenses.
As of April 1, Florida had 628 medical marijuana treatment dispensaries across the state, according to the Office of Medical Marijuana Use.
The Florida Legislature could also allow other entities to cultivate, transport and sell marijuana, according to the amendment.
In 2022, Circle K announced a partnership with Green Thumb Industries that would allow Floridians to buy medical pot at dispensaries adjacent to some of its gas stations. Florida regulators, though, have not signed off on that proposal.
The recreational pot amendment wouldn’t allow people to grow their own marijuana, Savchenko said.
Q: Could cities regulate marijuana businesses?
A: The state and cities would retain the ability to regulate zoning for marijuana businesses, said Bob Jarvis, a law professor at Nova Southeastern University.
The amendment “could not be clearer in giving the Legislature the power to enact laws to prevent the sale or use of marijuana in school zones and other areas where such sales or use would be problematic or would threaten the health, safety, or morals of the public,” he said.
In particular, the initiative states, “Nothing in this amendment prohibits the Legislature from enacting laws that are consistent with this amendment.”
Q: How much tax money would be produced?
A: Legal recreational pot would generate at least $195.6 million annually in state and local sales tax revenue when the market becomes fully operational, according to the amendment’s financial impact statement.
Florida could also levy a separate excise tax, commonly referred to as a “sin” tax, on marijuana. Washington State has the nation’s highest excise tax on marijuana products at 37%.
In 2022, 21 states taxing recreational marijuana generated a combined $3 billion in 2022, according to the Tax Foundation, a research organization based in Washington, D.C.
States have used those revenues to help fund education, health care and corrections. But policymakers must be careful not to raise taxes too high, Savchenko said. Excessive taxes and fees can push consumers into the black market where marijuana can be purchased for less.
Q: How much would marijuana cost?
A: An eighth of an ounce of medical marijuana in Florida runs about $33 to $45, according to an analysis by the Cannacore Group. In comparison, the same amount in California, where recreational weed is already legal, would cost about $20 to $25 based on the consulting firm’s analysis.
Q: Could I smoke pot in public?
A: The amendment doesn’t directly prohibit public consumption of marijuana.
But Savchenko said she expects state lawmakers and regulators would ban it. Florida’s medical marijuana law doesn’t allow the drug to be smoked in public. Landlords could also bar their tenants from smoking marijuana, similar to leases that don’t allow cigarette smoking, she said.
The amendment’s sponsors, Smart & Safe Florida, dismissed concerns that their ballot initiative would create a right to smoke marijuana in public.
“If voters approve the amendment, the Legislature will have full authority to regulate or ban the use of marijuana in public places — that it already exercises for tobacco and alcohol,” Smart & Safe advocates John Bash and Glenn Burhans wrote in a column that appeared in the Tampa Bay Times.
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Punishments for public consumption of marijuana vary by state. Smoking pot in public in California can result in a $100 fine, or $250 in an area that prohibits tobacco smoking.
Some states have authorized marijuana consumption lounges, which are usually attached to a dispensary. Savchenko doesn’t expect Florida would allow that anytime soon.
Q: What if I smoke and drive?
A: Penalties for driving under the influence of drugs are just as severe as those for driving under the influence of alcohol.
Q: Could I be fired for smoking pot?
A: Legal pot doesn’t include job protections in Florida, Savchenko said. Employers could still drug test employees for marijuana and fire them if they test positive. Bills have been filed in the Florida Legislature to establish job protections for people using medical pot, but they haven’t gained traction.
Q: Who is bankrolling the marijuana amendment?
A: Trulieve, the state’s top medical marijuana operator, has put about $40 million behind the amendment.
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