Amendment 3: How Legal Weed Could Transform Florida
Florida is no stranger to the debate over cannabis, but with the upcoming vote on Amendment 3, it’s important to look at the details that make up the bigger picture.
This amendment could change the entire landscape of the Sunshine State, possibly flipping it on its head, and not just for its residents. Small businesses, adjacent industries, the economy, and everyday life in Florida will all be affected for better or worse by this decision. Let’s take a look:
The Road So Far
Back in 2014, Florida dipped its toes into the shallow pool of cannabis by introducing the Compassionate Medical Cannabis Act. More or less, the program allowed people with debilitating diseases or terminal illnesses to obtain and use small amounts of cannabis oil.
However, by 2016, the general consensus was that it needed to be expanded. As a result, 70% of voters pushed to expand the program. It expanded the list of qualifying conditions for medical marijuana recommendations and added new products. It also brought in some of the mega-corp multi-state operators (MSOs) who, in some ways, monopolize the cannabis industry in Florida.
Some people think this program is great, and others have been advocating for more ever since. Despite the early strides, the path to full legalization has been anything but smooth.
Right now, buying weed in Florida still requires a doctor’s approval and a trip to a licensed dispensary. The alternative is buying it illegally on the black market— which is still a common practice for many who don’t qualify for Florida’s medical program.
And that brings us to today. Amendment 3, which is related to the legalization of recreational marijuana in Florida, was introduced as a proposed constitutional amendment by the political committee “Smart & Safe Florida” in 2022. It aims to legalize recreational cannabis in Florida and allow dispensaries to start selling weed to adults 21 and older.
Amendment 3 could simplify Florida’s current marijuana accessibility issue, opening the doors for anyone over 21 to purchase cannabis legally without needing a doctor’s recommendation. The goal was to get the amendment on the ballot for the 2024 general election. The amendment gathered the necessary signatures and overcame legal challenges to be placed on the ballot, where voters will decide it in November.
What Does Amendment 3 Offer?
If Amendment 3 passes, Florida would join the ranks of 24 other states that have already legalized recreational marijuana. For residents, this means the freedom to walk into a dispensary and choose from a variety of full-strength cannabis products without a medical card.
However, this freedom comes with limits: you can carry up to three ounces legally, which might not sound like much, but for those who already know, it’s actually quite a lot. In other states, it’s capped at one or two ounces, so Florida is ensuring a bit more freedom in that department.
It would also reduce some of the penalties currently in place for weed. Getting caught with anything over 20g (less than an ounce) of cannabis in Florida is a felony offense. However, it would limit other freedoms. You won’t be able to grow your own weed, for example. You’ll have to buy it from a state-licensed recreational dispensary.
One thing to note is that this amendment doesn’t open the floodgates for anyone to start selling marijuana. Only medical marijuana treatment centers and state-licensed facilities will have the right to cultivate and sell recreational cannabis. So, your neighborhood dealer won’t suddenly become a legal business overnight.
The issue is that some people think it gives an unfair advantage to current medical dispensaries, who will get first dibs on the rec licenses without awarding more to other businesses who want to come to the area. MSOs are based here and in other states but profit in Florida as just a handful of big companies that can make money off of the Florida regulated cannabis market. The legislature is a bit unclear about new licenses being awarded to new businesses.
Truelieve, one of the biggest donors to the Smart and Safe Florida campaign, would stand to benefit greatly from going rec, while small businesses in the hemp industry wouldn’t have as big of a chance to get a recreational cannabis business off the ground. We’ll tackle that subject more later. For now, amendment 3 needs 60% of voters to say yes to pass and become law. It’s a lot more than a normal majority vote, but polls are showing that about 58% of voters intend to vote yes on Amendment 3.
The Financial Impact of Amendment 3
Supporters of Amendment 3 argue that legalizing recreational marijuana could provide a significant financial boost to the state. The amendment’s economic impact statement suggests it could bring in around $200 million in state and local taxes. It may also boost Florida’s thriving tourism industry as more visitors funnel to Florida to partake in cannabis before heading home.
However, there are start-up costs to consider—setting up regulations, enforcing new laws, and getting the infrastructure in place—all of which could eat into those initial profits. To take it a step further, current thriving industries in Florida may suffer as a result of legal marijuana. The hemp industry is one of the only ways to obtain a legal high in Florida right now without a medical marijuana card, and with the licenses being awarded to current big businesses operating medical dispensaries in Florida, many may be snuffed out.
Looking at other states that have legalized recreational marijuana, studies have shown a slight increase in state income and a more noticeable rise in housing prices. While that’s good news for homeowners, it might not be welcomed by those already struggling with Florida’s insanely high cost of living.
The Pushback
Amendment 3 has its share of critics. Florida’s Attorney General Ashley Moody has been vocal in her opposition, arguing that the amendment’s language is misleading. It may be providing unfair advantages to a handful of big businesses while sacrificing smaller ones. It also doesn’t seem to cover issues that are most concerning, such as taxing, planning, and fund allocation. While her challenge was struck down by the Florida Supreme Court, it highlights the deep divide on this issue.
Governor Ron DeSantis has also raised concerns, particularly about the potential for public spaces to be overwhelmed by the smell of marijuana—a common complaint in states like Colorado and California. A lot of people discount that as silly since weed smoke is something that could be regulated, much like cigarette smoking is today.
However, his major concern seems to lie with the hemp industry and not giving so much power to MSOs operating in Florida. His opinion is that it would hurt Florida in many different ways. His campaign against Amendment 3 is backed by hemp business owners as well as those who believe legalizing cannabis is going to be dangerous for public health.
Law enforcement groups, including the Florida Sheriffs Association and the Florida Police Chiefs Association, have voiced worries about public health, road safety, and a possible increase in crime. The fear is that legalizing recreational marijuana could lead to more accidents, homelessness, and a strain on police resources. Whether these concerns are valid or not remains a contentious issue, though evidence does suggest increases in these areas in other states.
What Happens If Amendment 3 Passes?
Should Amendment 3 pass, it won’t be an overnight change. The Florida Legislature would have to step in to regulate the industry, a process that could take as little as a few months or as much as several years. Even when medical marijuana was legalized in 2016, it took nearly two years for the program to be fully implemented.
It’s also important to remember that marijuana remains illegal at the federal level, which adds another layer of complexity to the situation. Florida will choose how it will run a recreational cannabis program, but the federal government could step in and cancel it at any time. It also makes it more difficult for hopefuls looking to join the industry to obtain loans from insured banks to help cover the steep cost of licensing applications and other associated costs.
Who Wins and Who Loses if Amendment 3 Passes?
While recreational marijuana could be a win for consumers, there are potential downsides, particularly for small businesses and the hemp industry. Small cannabis businesses might struggle to compete with larger, well-established medical marijuana treatment centers, which are poised to dominate the recreational market as well. This could squeeze out the little guys and limit options for consumers in the long run.
Moreover, Florida’s thriving hemp industry could face challenges. As recreational marijuana becomes more accessible, the demand for hemp-derived products might decrease, impacting businesses that have built their brand around these products.
Finally, let’s not forget Florida’s tourism industry. While some might see recreational marijuana as an added attraction, there’s a risk it could deter certain visitors, particularly families who visit Florida for the beaches and theme parks. They might view the state’s shift towards legalization as a negative.
With the vote approaching, Florida finds itself at a crossroads. Amendment 3 promises a lot but also comes with potential pitfalls. It’s a decision that will shape the state’s future, affecting not just those who use cannabis but the broader economy and culture of Florida. Whether for or against, every vote will count as Floridians decide the future of marijuana in the Sunshine State.
Additional reading:
Don’t gloss over the most important aspect of this measure: No more arrests for simple possession (less than 3 ounces.)
The amount of Florida residents no longer arrested for bud (or cops claiming they smell stale weed in your car as an intimidation tactic and/or excuse to search) is the biggest reason I support this horrible Amendment. Of course they have to give handouts to “Big Weed”, we live in a Republican run state… they wouldn’t have it any other way! Refusing to add home grow is clearly an advantage to the MSOs, not Floridians. This could have all been avoided if our *president* would have decriminalized the 💩 already!
I AM FOR IT BUT NEEDS TO BE RESTRICTED AS TO WHERE IT CAME BE SMOKED IN PUBLIC PLACES.
IT WILL BE, DON’T WORRY!!!
How will this affect the MMJ patients? Will this cause product shortages? Will this overload the dispensaries creating long waits for service? How will this affect pricing? Would to be that MMJ patients find it cheaper to just buy recreational and forget Doctors fees, State card fees and associated cost of MMJ?
There is no certainty to any of these questions, that’s why they haven’t been answered yet. A lot of people fear it will raise the price for patients because of the Monopoly these companies will have, but others say it will lower the price – not requiring us to pay $75/year & saving us the hundreds of dollars we must pay twice a year for a “prescription”.