7 Cons of Marijuana Legalization in Florida – Amendment 3
Time for Florida to make a big decision: should the state join the growing list of 420-friendly states or stick to its top-notch medical program? The vote on Amendment 3 takes place on Tuesday, November 5, 2024. For the amendment to pass, 60% of voters need to approve it.
What are some of the downsides of legalizing recreational weed in Florida?
Just like all things, there are good aspects of legalization and negative ones. The negative ones can become ongoingly real. From worries about how it could impact medical marijuana patients to public safety issues, higher prices at dispensaries, funky tourists, and the persistence of the black market, there are several factors to consider before you cast your vote in November.
1. It May Reduce Patient Access to Medical Marijuana
In states like Nevada, medical cannabis patients faced shortages and price hikes after recreational legalization as dispensaries struggled to keep up with the surge in demand. Florida’s medical marijuana program, which serves nearly 1,000,000 patients with conditions like chronic pain, epilepsy, and PTSD, could face similar challenges.
Ultimately that means that recreational legalization could make it that much harder for medical patients to not only find the specific products and strains they use to treat their medical conditions but to afford their medicine in the first place.
Roughly 75% of patients in the top four counties serving medical marijuana are over the age of 53. That means retirement-age folks and people on fixed incomes who rely on medical marijuana for many different reasons. With increased demand from recreational users, the medical products they need to feel their best may become scarce or too expensive.
However, in states with established recreational markets, some measures have been taken to protect medical patients, such as offering them priority access or creating separate dispensary lines. However, Florida would need to be proactive in safeguarding patient access to ensure that those who depend on cannabis for medical reasons aren’t negatively impacted by recreational legalization.
2. It Could Lead to Public Health and Safety Issues
Governor Ron DeSantis and other opponents of rec have raised concerns about how it could impact public safety, particularly when it comes to impaired driving. In Colorado, for instance, marijuana-related traffic deaths rose by 62% following legalization. Washington state also saw a 6% increase in collision claims after recreational cannabis became legal. It’s a nuanced issue, since enforcing impaired driving laws for weed is a sticking point. Unlike alcohol, there is no breathalyzer test for weed, making it difficult to assess impairment on the road.
Beyond driving, health concerns have also been raised. In states like California, emergency department visits and hospital admissions related to marijuana use spiked. Between 2016 and 2019, California experienced an 89% increase in marijuana-related emergency department visits, with some cases involving accidental overconsumption, particularly from edibles. Child exposure is another concern; although child-resistant packaging is already in use in Florida on the medical side, legalization brings fears of increased access leading to accidental ingestion, especially among young children.
That said, studies have also shown that cannabis users tend to drive more cautiously compared to those under the influence of alcohol, which could offset some of these risks. Moreover, teen cannabis use rates are supposedly down all over the country. Public health and safety could be at risk without properly balancing these safety concerns with effective regulation in Florida.
3. Pose Risks of Accidental Consumption in Kids or Pets
Opponents of rec in Florida argue that legalizing weed could make it easier for teens to obtain and use, citing initial spikes in youth consumption in states like Colorado after legalization. A study found that between 2017 and 2021, the number of children under six who accidentally consumed cannabis edibles rose by a whopping 1,375%. In 2021 alone, over 3,000 young children were reported to have accidentally ingested cannabis, with about 23% of these cases requiring hospital admission. Most of these children found the edibles at home.
While severe symptoms are rare, cannabis in children can bring on symptoms of lethargy, anxiety, altered heart rates, and, in extreme cases, breathing difficulties or seizures.
In states like Washington and Oregon, laws mandate child-resistant packaging, clear labeling, and stringent age restrictions at the point of sale. Of course, no system is perfect. The concern remains that more widespread availability could lead to accidental ingestion, especially with products like edibles, which can resemble candy or snacks. It will be up to the parents to protect their children and pets.
4. Legal Weed Could Actually Bolster The Black Market in Florida
One of the promises of recreational legalization is that the black market will go away, but that hasn’t always been the case. States like California have seen the illegal cannabis trade persist—and, in some cases, thrive—even after legalization. It mainly comes down to the stark price difference between the legal and black markets. In California, high taxes and regulatory costs have made legal cannabis much more expensive, leading lots of residents to turn to the black market, where products are cheaper. As a result, even with legalization, the black market is still valued at billions of dollars.
Florida could face similar challenges, especially if taxes and prices for recreational cannabis are higher than those for medical cannabis. If recreational prices rise too steeply, many users may prefer to stick with their Florida medical cards to access cheaper products, or worse, continue purchasing from illegal sources. Additionally, with states like Georgia and Alabama still prohibiting recreational cannabis, some of our neighbors may simply cross state lines for cheaper cannabis or to avoid higher taxes.
Another factor that could fuel the black market in Florida is the absence of home-grow rights in Amendment 3. While the amendment’s backers have stated that home cultivation could be voted on separately in the future, its exclusion in the current legislation could push people toward illicit cultivation at home. In states like Colorado where people are allowed to grow their own weed, people have an alternative to expensive dispensary products. Without such a provision, some Floridians may resort to illegal growing if prices remain too high in the recreational and possibly medical market.
For Florida to truly curb the black market, it will need to balance tax rates, regulatory costs, and pricing to ensure the legal market is affordable and accessible to as many people as possible.
5. Rec Could Have Unforeseen Environmental Impacts
States like California and Oregon have faced major environmental issues thanks to a huge increase in cannabis production. One of the biggest issues is water—cannabis plants require lots of water, which can strain local resources, especially in areas already facing water shortages. In California, outdoor cannabis cultivation has contributed to water diversion and pollution, with fertilizers and pesticides seeping into the state’s water supply.
Additionally, cannabis cultivation—especially indoors—requires massive amounts of electricity to power lights, air conditioning, and ventilation systems. A study in Colorado estimated that indoor cannabis operations account for about 2% of the state’s electricity consumption. The high energy usage leads to an increased carbon footprint, with researchers estimating that growing a kilogram of cannabis can produce over 3,600 kilograms of CO2 equivalent emissions, contributing to climate change.
Another environmental concern is waste. In 2020, the cannabis industry generated an estimated 1 billion pieces of single-use plastic, much of which ended up in landfills, but could end up in the streets, on our beaches, and in our oceans. Packaging requirements aimed at keeping products child-resistant often result in excessive plastic waste, creating an environmental dilemma that Florida would need to address if cannabis legalization moves forward.
Florida’s wetlands and coastal areas could face harm from unregulated or poorly managed cannabis farming. Without strong environmental protections and sustainable farming practices, the state may see adverse effects similar to those experienced in California. But to take it a step further, without home-grow rights under Amendment 3, people may resort to illegal grow ops, which often operate without regard for the environment in the first place.
6. It Could Smother Small Businesses and Adjacent Industries
A major concern surrounding Amendment 3 is that it could pave the way for large, corporate cannabis companies to dominate Florida’s recreational market, potentially pushing out smaller, local businesses. The amendment is largely backed by Trulieve, one of the biggest multi-state operators (MSOs) in the cannabis industry and a dominant player in Florida’s medical marijuana market. With the lack of home-grow rights in the current proposal, people would be forced to rely on licensed dispensaries, which are largely controlled by corporations like Trulieve.
This has raised fears that large cannabis companies would have the power to dictate prices, leaving smaller operators and independent businesses struggling to compete. Governor Ron DeSantis has voiced concerns that Amendment 3, as it’s currently written, could set up these multi-million-dollar companies to monopolize the industry, which could stifle or destroy Florida’s hemp market, where many small businesses currently operate and thrive. For a state where the cannabis industry is already leaning corporate, legalization might limit opportunities for the small players.
The entry price for a recreational cannabis license in Florida is rumored to be upwards of $40 million—effectively putting it out of reach for the average entrepreneur and leaving the industry open only to big marijuana companies like Trulieve. For these small businesses, particularly those in the hemp and CBD markets, the legalization of recreational cannabis could present new challenges. Without room for competition, they could be squeezed out by larger, well-funded corporations, fundamentally changing the landscape of the state’s cannabis industry from a diverse-ish marketplace to one dominated by a few major players. The concern is that rather than fostering innovation and opportunity, recreational legalization might leave small business owners with fewer options and less market share.
The availability of “ridiculously good discounts” for medical patients, often in the form of standard and daily deals, could also disappear if recreational dispensaries monopolize the market and have less incentive to provide competitive pricing.
As a result, the cultural landscape of cannabis in Florida could shift from a grassroots, community-driven movement to one where large corporations dictate the terms of access and pricing, pushing out small businesses and adjacent hemp operators who have kept Florida’s market diverse up until now.
7. It Might Attract Bad Tourists
Tourism is Florida’s bread and butter, with millions of visitors flocking to the state’s beautiful beaches, theme parks, and natural wonders every year. As the most visited destination in the U.S., Florida’s tourism industry is built around its family-friendly image, which opponents of recreational cannabis legalization argue could be at risk if Amendment 3 passes.
Governor Ron DeSantis and other critics have expressed concerns that recreational cannabis could hurt Florida’s reputation. They point to states like New York, where public cannabis consumption has led to complaints about the smell in city streets and parks. In Florida, where outdoor attractions are a huge part of tourism, there are worries that public use could interfere with the family-friendly atmosphere that many visitors expect.
However, legal weed could also become a draw for tourists— just not the ideal kind. States like Colorado have seen a surge in weed tourists, attracting visitors who want to legally shop at a dispensary and then go do tourist stuff.
The problem is that there is a lack of restrictions in Amendment 3 regarding where people can smoke, which could mean that cannabis use might happen in public spaces like beaches, restaurants, and parks, even in the presence of children, raising concerns about public health and safety. Not to mention, there just aren’t enough police to monitor every tourist who purchased cannabis and make sure they’re following the law. It’s easier now more than ever to discreetly hit a vape pen in public and tuck it away in a pocket or bag.
Florida could also end up with a different kind of “weed tourist”—including urban campers or “transient tourists” who travel state-to-state and consider sleeping under bridges or dumpster-diving as part of their lifestyle. Cities in Colorado and along the West Coast have reported a major uptick in homelessness since the legalization of cannabis, adding strain to local resources and creating public image issues.
Dispensaries also sometimes struggle to keep up with demand in newly recreational states. Cities like Las Vegas faced extreme shortages and price hikes. Florida could face a similar issue, particularly in tourist hotspots like Orlando, Tampa Bay, and Miami, where increased demand from visitors might drive up prices and make cannabis less accessible to local residents and medical patients.
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