Florida Recreational Vote

Will Floridians Legalize Adult Use Cannabis in 2024?

According to a recent announcement by Governor Ron DeSantis (R), Florida’s upcoming November ballot will include an initiative to legalize recreational marijuana in the state. Though the bill is pending approval before it can secure an official place on the 2024 ballot, DeSantis anticipated a positive outcome from the Supreme Court, indicating that the measure will likely make the ballot and fall into the hands of voters this fall.

Inside the State’s Journey to Legalization

Florida legalized medical marijuana in 2014 with the Compassionate Medical Cannabis Act, which went into effect on January 1 2015. However, if this new initiative for adult-use cannabis makes it onto the November ballot and is passed by voters, access to marijuana in for Florida residents would expand considerably, allowing all adults aged 21 and older to purchase cannabis products at adult-use dispensaries–whether or not they hold their medical cards.

In this article, we reflect on Florida’s legalization journey, assessing the details of this new measure, as well as past attempts to legalize recreational marijuana in the state, and the history of the state’s medical program. Read on to learn more about Florida’s journey to an adult-use market, and what recreational legalization would look like for dispensary shoppers in the Sunshine state.

DeSantis Announces Legalization Will Appear on 2024 Ballot

The announcement came days before DeSantis dropped out of the 2024 presidential race. During his final campaign event in New Hampshire, the governor was questioned about legalization prospects by cannabis lobbyist John Murphy. In response, DeSantis indicated that initiatives have been devised for adult-use legalization, while suggesting favorable outcomes from the Supreme Court in allowing the initiative to appear on the ballot: “I think the court is going to approve it, so it’ll be on the ballot,” deSantis said.

According to data collected by the state, the ballot initiative has garnered enough verified signatures to secure an official spot on the November ballot, with signatures collected to date surpassing one million. And according to a poll released last month by the Florida Chamber of Commerce, the reform proposal is likely to receive majority support from voters once those ballots are cast, though this specific poll shows numbers at present falling just shy of the required 60%. Many recent polls, however, have suggested otherwise, providing percentages well beyond this threshold. According to a survey last month by the University of North Florida, 67% of voters would support the adult-use market proposed by the upcoming bill.

The measure’s progress has been fueled by the Smart & Safe Florida Campaign, which has acquired the support of cannabis activists statewide, as well as financial backing from Florida-based MSOs such as Trulieve, which has contributed over $40 million to date.

It remains unclear whether DeSantis’ remarks on the Supreme Court outcome are a mere prediction, or if he has received an official update from the Court about the status of the case. At present, the court is still weighing legal challenges opposing the measure from Florida Attorney General Ashley Moody, who has asked the court to invalidate the measure.

Though DeSantis has publicly opposed the reform–and maintained during his campaign that he would refuse federal decriminalization if elected president–he maintains that voters will have the chance to make their own decision on legalization in Florida this November. The Governor remarked that despite his personal opposition of the measure–which, in his opinion, would have a “negative impact”–he would nonetheless “respect the decisions that states make” when voters voice their opinions on legalization in this year’s ballot.

Will Florida Legalize Adult Use in 2024 Inside the State Journey to Legalization

What Adult Use Legalization Would Look Like in Florida

If adult-use legalization secures a majority vote in the 2024 election, Florida would alter its state constitution to allow existing, medical cannabis companies in the state (such as Trulieve) to sell cannabis products to all adults aged 21 and older–regardless as to whether they possess a medical card. The bill also contains a provision that would allow the approval of additional businesses, such as dispensaries specifically catered towards adult-use customers–allowing Floridians to establish recreational dispensaries, in addition to the state’s existing medical retail locations.

The new legislation would legalize the possession and purchase of adult-use cannabis products in limited quantities, including up to one ounce of cannabis total–only five grams of which can comprise high-potency concentrates such as dabs, shatter, or wax. These limitations may evolve if the bill is passed. The bill also endows Florida’s Medical Marijuana Treatment Centers, alongside other, state-licensed entities, to acquire, cultivate, process, manufacture, and sell adult-use cannabis products.

However, for many cannabis advocates, the new bill has limitations. In particular, this year’s proposed legislation lacks the emphasis upon equity and socioeconomic justice often seen in similar, adult-use legalization initiatives, which often call for the expungement of nonviolent, cannabis related convictions and prison sentences. Nonetheless, if passed, the bill would mark a major step forward for Florida’s cannabis landscape.

How Would Adult-Use Benefit Florida?

In addition to expanding access and suppressing cannabis purchases through the illicit market, adult-use legalization would bring significant tax revenue to the state. According to analysts associated with DeSantis’ office and the Florida legislature, recreational legalization could generate between $195.6 million and $431.3 million in new tax revenue through sales taxes on the purchase of adult-use cannabis products. These figures would increase even further if lawmakers choose to impose an excise tax in addition to state taxes at the point of sale, as many other states have done.

The History of Florida’s Adult-Use Legalization Attempts

Though the outlook of Florida’s adult-use bill sounds promising, cannabis advocates and lawmakers have faced plenty of opposition in response to the current measure.

In early February, for instance, state lawmaker Rep. Ralph Massullo proposed a THC cap to set a 10% THC limit (by weight) for smokable cannabis products, and a 60% limit for ingestibles. Massullo’s proposed bill would limit the potency of edibles, for instance, to 200mg per container, and 10mg per piece. And just last summer, DeSantis himself enacted a law to restrict advertising and manufacturing by legitimate medical dispensaries in the state, imposing regulations to prohibit product branding or messaging that promoted “recreational” use of medical dispensary products. In addition, DeSantis added additional eligibility requirements for industry workers, while passing a June 2023 bill that prohibited residents of sober living facilities from using legal, medical marijuana products.

Though these challenges are legitimate, cannabis advocates are hopeful that this ballot will fare favorably compared to legalization attempts in the recent past.

In the past, Moody has successfully petitioned the court to prevent a similar measure from making the ballot in 2022. And last November, the Supreme Court heard oral arguments in opposition against adult-use legalization proposed by the Smart & Safe Florida Campaign. The court has yet to issue a ruling on this issue, which should arrive by or before April 1st.

DeSantis, however, has suggested that this year’s outcome will be different. And in addition to his remarks about legalization, DeSantis has also offered comments on other aspects of marijuana legislation in recent weeks. In a separate response to Murphy, DeSantis declared that the federal gun ban for registered Florida cardholders is unconstitutional. Last year, Florida’s gun ban spurred a lawsuit against the Biden Administration by former Florida agricultural commissioner Nikki Fried, though DeSantis was not involved in the case.

Medical Marijuana in Florida: From 2014 to Present

In January 2015, Florida’s medical marijuana program went into effect with the Compassionate Medical Cannabis Act of 2014, which initially allowed access only to non-smokeable, low-THC marijuana products for qualified medical patients.

Since then, Florida’s medical marijuana program has increased considerably, allowing a wider variety of product formats while expanding qualifying conditions. This expansion occurred under the Right to Try Act of 2016, which allowed patients diagnosed with terminal conditions to access full potency cannabis extracts, while a citizen referendum in November of the same year mandated an expansion of the state’s medical program for all qualifying cardholders. And shortly thereafter in 2017, the Florida House of Representatives and the State Senate both passed legislation to implement this expansion, replacing large portions of the prior Compassionate Use Care Act to provide more flexibility with regard to product formats and potencies, including:

  • Flower and Pre-Rolls
  • Edibles containing up to 10mg THC per piece
  • Vaporizers
  • Concentrates
  • Oral & Sublingual Tinctures
  • Topicals & Transdermal Patches
  • Rick Simpson Oil (RSO)
  • Capsules
  • And many more…

This 2017 revision also expanded the list of qualifying conditions for a medical marijuana order in Florida, which currently include:

Next Steps

In order to succeed, the ballot will need to receive the equivalent of 8% of the votes cast in the last presidential election. Moreover, 8% of these signatures must come from district-wide votes from the 2020 election in at least half of the state’s 28 congressional district.

After signature collection and validation, the Secretary of State will present the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). Thereafter, the Attorney General will request an advisory opinion from the Supreme Court, which will review aspects of the measure such as the single-subject rule; the appropriateness of the bill’s title and content; and its validity or invalidity under the US Constitution.

Get Your Medical Card in FL

Though the verdict on adult-use sales in Florida remains to be determined, residents with qualifying conditions can access vetted, legal cannabis products through Florida’s pre-existing network of medical dispensaries. Haven’t signed up for your medical card yet? Don’t worry–it’s never too late, and FLDispensaries makes the process easier than ever, guiding patients through every step of the process from beginning to end.

To get started, fill out this form to see if you qualify today, and you’ll be contacted by a representative from an ordering doctor’s office to set up your appointment for a medical marijuana order.

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