In just a few months, Florida will have to make an important decision as the debate over marijuana legalization takes center stage on the November ballot. On April 1st, the Florida Supreme Court approved Amendment 3 on the November general election ballot. This initiative would allow recreational marijuana for adults 21 years or older. With widespread support for medical marijuana but hesitation towards recreational, the addition of this amendment will mark a pivotal moment for the state’s drug policy. This vote could result in a new era of how Floridians and even Americans view marijuana.

History of Legalization

The road to legalization has not been easy. Starting in the 1930s, the Marihuana Tax Act prohibited cannabis at a federal level, except for medical use. This Act lasted for 30 years before being voided. However, the next year Cannabis was classified as a Schedule I drug. For reference a Schedule I drug is a drug with high potential for abuse and has no medical benefit. As many know, this decision was only recently changed, as it is now a Schedule III drug.

In 2012, 82 years after the initial federal ban, Colorado and Washington became the first states to legalize recreational cannabis following the passing of Amendment 64. As of 2024, there are now 24 states that allow recreational usage of marijuana.

In 2016, Florida moved to legalize medical marijuana. Then in 2018, the Farm Bill allowed for hemp-derived products under 0.3% THC by dry weight. With these decisions, the perception of marijuana in Florida has changed. In a survey conducted by the Florida Chamber of Commerce, it was found that 57% of Florida voters support the legalization of recreational marijuana. However, for this initiative to pass, it needs to meet a 60% threshold. 

What Being on the Ballot Means

The summary of Amendment 3 states that adults 21 years or older will be allowed to possess, purchase, or use marijuana products. They also will continue to allow Medical Marijuana centers. However, they will also allow new entities to acquire, cultivate, process, manufacture, sell, and distribute marijuana products. Floridians will be allowed to possess up to three ounces of cannabis, and no more than five grams of that can be marijuana concentrate products.

This amendment, if passed, will also disallow legal consequences such as fines and imprisonment for recreational possession. The document does not mention what will happen to those with prior marijuana convictions.

If enacted, this amendment is estimated to generate anywhere between $195.6 million and $431.3 million. While it’s unclear where the tax revenue from this industry will be allocated, we can examine other legalized states for insights.

Examples of Cannabis Tax Distribution

In Colorado, they impose a retail marijuana excise tax of 15%. The money generated from this tax is split between several funds. 15.56% goes to the General Fund, which encompasses education, health care, and corrections. 12.59% goes to the Public School Fund. 71.85% goes to the Marijuana Tax Cash Fund, which works to educate the public about substance abuse, and offers treatment, healthcare, and law enforcement.

In California, they impose a 15% excise tax on retail marijuana. Similar to Colorado, the money generated goes to several different programs. 60% goes to anti-drug programs and drug education. 20% goes to environmental programs, which work to restore wildlands, fix roads, and create local parks. 20% goes to public safety, which includes firefighters, law enforcement, and scientific research.

From these two examples, we can hope that if this amendment were to pass, this money would go into funds to help our youth and communities.

Legal Implications

With the passing of Amendment 3, there would be new laws and legal restructuring. They have stated they will disallow legal consequences such as fines and imprisonment for recreational possession. There will also be new regulations that help to make marijuana products safer for the public.

However, in the documents we have access to, there is no mention of potential expungement or relief for those who have prior marijuana-related convictions. As of right now, 26 states allow for marijuana record expungement. However, there are a multitude of regulations and processes that can make this process seem impossible for those suffering. 

Social Implications

It’s no secret that there is a prejudice that surrounds marijuana. Many associate the substances with high crime rates and delinquent behavior, however, this is a harmful, potentially racially motivated stereotype. With legalization becoming widespread and new generations’ acceptance, this attitude has begun to shift. 

The use of marijuana recreationally and medicinally has become more widely accepted and looked at as an alternative to medications or alcoholism.

If marijuana were to become recreational, it would discourage people from engaging with street drugs and offer them safe, regulated products. This change would also allow more people to use the substance for medical treatment and research.

Importance of Your Vote

For Florida residents, it is crucial to vote this November. As it stands, Amendment 3 must receive 60% of the votes for it to pass. In a survey done by the Florida Chamber of Commerce, 57% of Floridians support marijuana legalization, 37% oppose it, and 5% are undecided. 

We cannot emphasize the importance of voter registration and engagement enough. If voters participate, the decision will better reflect what Florida residents want.This vote can change laws for the better and provide accessible marijuana to more people.

The Future

In summary,  Amendment 3 marks a significant turning point in the state’s approach to cannabis legislation. As voters prepare to cast their ballots, they can shape the future of marijuana policy in Florida. The potential legalization of recreational marijuana not only reflects changing societal attitudes toward cannabis but also presents numerous economic, social, and medical considerations for Floridians to weigh. Ultimately, the decision rests in the hands of the voters, who must carefully consider the implications of their vote on public health, criminal justice, and the overall well-being of the state. Whatever the outcome, the addition of recreational marijuana to the November ballot signifies a crucial moment in Florida’s ongoing dialogue surrounding drug policy as well as the importance of civic engagement in shaping the laws that govern our communities.