The drive for recreational pot far from dead

In the wake of Florida’s 2024 general election, a proposed constitutional amendment aimed at legalizing recreational marijuana fell short of the necessary votes. Despite significant support —gathering 55.9% of the vote —Amendment 3 failed to meet the 60% threshold required for passage, signaling a major setback for proponents of adult-use cannabis.

Amendment 3 sought to allow adults 21 years and older to legally possess up to three ounces of marijuana or five grams in concentrated form. Had it passed, it would have opened the door for regulated cannabis sales in the state, enabling both current medical marijuana operators and new entities to sell recreational marijuana. 

The amendment never had the opportunity. Ron DeSantis, the governor of Florida, opposed the amendment, fearing it would create an unregulated market that could be commandeered by corporate interests.

It was championed by Smart & Safe Florida, a coalition that poured more than $150 million into the effort, with most of the money provided by Trulieve, the biggest supplier of medical marijuana in Florida. The amount of money and leading role in the campaign played by Trulieve angered the governor, who went on to accuse the company of trying to form a “cartel” by cementing its interests within the Florida constitution.

A hefty financial injection into clearing the necessary 60% hurdle proved futile after the bar was raised by Florida voters in 2006, one of the conditions imposing it when approval for constitutional amendments was upped from 50% to 60%. 

The defeat saw Smart & Safe Florida issue an optimistic statement on continuing the push for marijuana decriminalization and access to marijuana, including but not limited to home grow and improved child safety measures.

One of the most unexpected outcomes of the 2024 elections was that Amendment 3 failed to pass, especially considering how polling was so tight going into the election. Despite polls consistently showing strong popular support for its passage, the campaign to promote its passing floundered in an overwhelmed contrast to opposition tactics and large spending by those against legalization.

Morgan Hayes, 32, argued that the Legislature would be unable to regulate the marijuana market effectively. 

“We have so many other things to worry about right now than legalizing marijuana. Who does it benefit?” Hayes said.

The opponents had another angle regarding the adverse impacts that recreational marijuana could have on public spaces, mostly increasing visibility and public consumption. In the months leading up to the election, Governor DeSantis and other powerful figures campaigned vigorously against the measure. They argued that this move would pass with ill intent, and besides, there was never a shortage of mixed explicit and fear-based anti-legalization rhetoric to sway public sentiment.

However, supporters of the amendment pointed out that the proposed regulation would have given the state an opportunity to control marijuana’s public use, in the same way, it regulates the consumption of alcohol and tobacco products. They also underscored that while unregulated hemp products are flooding the market, adult-use cannabis would have been subject to rigid safety standards, lab tests for contaminants among other requirements. Safety regulations which according to critics some of their unregulated hemp products are assumed dangerous because they come from unscrupulous smoke shops and gas stations were never subjected to such regulations.

While the defeat was on the horizon, it paved the way for discussion in the Florida state Legislature. Kim Rivers, Trulieve CEO, said in a post-vote statement that they would work with legislators to guarantee safe access to marijuana through a regulated system plus decriminalization efforts and the expansion of personal possession rights.

The setback may be significant, but the prospective demand for cannabis in Florida is unquestionable. At present, Florida holds the most extensive market for medical marijuana in the nation, and this market is about to get even bigger. By the end of this year, 22 new licenses are expected to be issued.

“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,” said the “Vote No on 3” campaign in a social media post following the results.

The outcome of Amendment 3’s failure will have lasting implications for the state’s cannabis industry. While the defeat means that recreational marijuana will not be legalized in the near future, it also brings increased focus on the unregulated hemp products currently available in Florida. With advocates now turning their attention to regulating these products, it remains to be seen whether the state will embrace a more comprehensive approach to cannabis reform in the years to come.

As for recreational marijuana in Florida, that has pretty much remained on the back burner. But with 55.9% of voters in support of the measure, it is safe to say that the drive for recreational use is far from dead. The right question to ask is no longer “if” but, instead, “when” the state will permit marijuana for all adults.