Everything You Should Know About Amendment 3 in Florida (and It’s Opposition)

Whether you live in the Sunshine State or not, you’re probably aware of Florida’s Amendment 3, the ballot initiative backed by Smart & Safe FL that aims to legalize recreational cannabis for adult consumers. There’s a lot of talk going around, and the opposition is coming out strong, knowing that even with the supermajority requirement, there is a lot of support for legalization.

What Amendment 3 Would Do (and NOT Do)

My goal with this article is to not only highlight some of the nonsensical claims being made by the opposition, but also to clarify what passing Amendment 3 would and wouldn’t change. While I’m planning on voting Yes on 3 as a supporter of reform, I do think there was a lot more that could’ve or should’ve happened alongside the changes proposed by this ballot initiative.

Some of this may still be possible through legislature or future ballot initiatives, but it’s a shame that because of the strict nature of ballot initiatives in FL, these things were left out to increase Amendment 3’s chances of being approved by the Supreme Court.

Without further ado, here are the main things that saying “yes” to Amendment 3 would mean for Floridians and the millions of people who visit the state each year.

Make Possession of Cannabis Legal in FL

If Amendment 3 passes this November, it will make it legal for adults 21 and older to purchase, possess, and use cannabis. Possession limits for individuals would be up to 3 ounces (roughly 85 grams) of cannabis – with a limit of 5 grams of cannabis concentrates. Criminal penalties would no longer apply for the non-medical personal use of marijuana products and accessories by adults.

Allow Medical Dispensaries to Sell to Adult Consumers

Currently established Medical Marijuana Treatment Centers would be allowed to sell to adult consumers 21+ with ID. However, it also allows for “other state licensed entities” to acquire, cultivate, process, manufacture, sell, and distribute cannabis products and accessories – meaning it would allow the state to license new vertically integrated brands that were not specific to the states medical marijuana program.

Home Cultivation is Not Allowed

One thing left out of this ballot initiative – supposedly because it would have gone against the “single subject” rule to include it, is home or personal cultivation. I’m not an attorney, so I really can’t say for certain but to me it seems like it would’ve been a simple addition of the word cultivation in the opening and a brief statement similar to the one regarding establishing possession limits for establishing limits on home cultivation for individuals and households.

Most states that allow home cultivation limit you to 6-12 plants per individual household, and it probably wouldn’t have been too difficult to include in the wording of Amendment 3 without breaking the “single subject” rule. After all, it’s still a single subject – legalizing cannabis for adults 21+.

Personally, I think this was left out on purpose, considering the large involvement of Trulieve and donations made by their competitor brands Curaleaf who would both quickly benefit from the ability to sell to the general public.

Driving While Intoxicated is Remains Illegal

While there is still controversy regarding determining the level of intoxication (and whether someone is currently intoxicated or impaired) from cannabis use, Amendment 3 makes no changes regarding laws for driving while intoxicated (DWI). Specifically, it states that nothing permits “the operation of any vehicle, aircraft, train or boat while under the influence of marijuana.”

No Program or Plan to Reform Prior Criminal Injustices

Something that was left out of Amendment 3’s wording was anything at all regarding reform for prior criminal charges and convictions that would no longer be an offense (or as serious of an offense) under the new laws if passed.

Not all states have included this in their reform of cannabis laws, but it’s something that I believe should always be included – or there should be clear intention for this to follow soon after legalization. Hopefully, if Amendment 3 passes, this is something that the legislature will address without much hesitation.

DeSantis Makes Nonsense Claims Against Legalization

The main opponent to legalization right now seems to be Florida’s own Governor Ron DeSantis – if you’re unfamiliar the outspoken Republican has so few real arguments against legalization that he’s turning to nonsensical and unsubstantiated statements in hopes of dissuading voters.

Some of his claims include that passing Amendment 3 would see people “be able to bring 20 joints to an elementary school” and that we would have “every town smelling like marijuana” (as well as hotels and even theme parks). He also said that legalization has “not worked in a single place” and claimed that voters don’t understand the proposal’s specifics.

Of course, nothing in Amendment 3 would allow people to smoke in public spaces like theme parks or parks, and the idea that licensing a handful more businesses would add that intensely to the air quality across the state. Residential areas won’t be smelling of pungent growing buds since home grows are not part of the initiative.

Oh, and I’m sure very few (if any) of us who actually use cannabis can see a reason we would ever bring joints to an elementary school. That’s almost as entertaining as the idea of passing out our expensive edibles instead of candy on Halloween.

Also, it’s laughable that legalization hasn’t worked anywhere when the majority of our country has a successful, thriving, and regulated cannabis industry – with studies finding benefits like increased property values, reduced crime, and other benefits of dispensaries opening their doors.

These claims are a modern version of Reefer Madness, trying to convince people that Amendment 3 is anything other than a positive change being backed by corporate greed to get the job done.

Florida Republican Party Officially Opposes Amendment 3

To no surprise, back in May, the Republican party announced their official opposition to Amendment 3, with some legitimate and mostly unfounded concerns. Specifically, they stated that the initiative would “benefit powerful marijuana special interests, while putting children at risk and endangering Florida’s family-friendly businesses and tourism climates.”

Breaking this down a little, yes – the amendment does benefit powerful marijuana special interests, but they aren’t exactly hiding this. The cannabis brand Trulieve is the one primarily backing the Safe & Smart FL campaign, and Curaleaf is another big-name contributor to the push for legalization.

If passed, both would be able to sell to a general market and are likely to see high revenue increases, so their stake in legalization is obvious. As I mentioned earlier, this was likely a large part of the reason personal/home cultivation was not included in the initiative.

However, the GOP’s other stated concerns – putting children at risk and endangering Florida’s family-friendly businesses and tourism – have little ground to stand on. Study after study has found that rates of teen cannabis use go down after a legal and regulated market is implemented, and the idea that legalization would do anything but benefit the tourism industry is insane (cannabis users have kids, too!).

Smart & Safe FL Break Fundraising Records

Whether they are being backed by a cannabis industry corporate giant or not, the success of Smart & Safe Florida’s campaign for Amendment 3 has been impressive for sure. With this being the fifth try for the state to legalize cannabis through a ballot initiative, it became clear that funding was the main barrier to making this change happen.

The group has now broken fundraising records, having raised over $40 million, surpassing the previous $36.7 million that California’s Proposition 64 raised back in 2016. With the most funding of any measure on the ballots in 2024, there is a far greater chance that they can reach enough voters in a positive light and gain those votes.

With funding clearly in place, the activist group has roughly five months left until the November election to win over at least 60% of voters to get Amendment 3 on the books. The “supermajority” requirement applies only to ballot initiatives and is the reason that medical marijuana didn’t pass the first time it made it to the ballot.

Take the expense that goes into campaigning, plus the strict guidelines for initiative approval and extremely high petition signature requirements, and it’s no surprise that there have been many failed attempts at legalizing recreational cannabis in Florida.

Recent Polls Show High Support for Amendment 3 from Voters

Overall, Florida has recently had a far more positive outlook on the idea of legalization when it comes to voter support in polls. However, since Amendment 3 was approved for the ballot, there have been three polls on voter support for legalization – and two out of three believe Amendment 3 could become law.

A Fox News poll conducted in early June (2024) found that 66% supported Amendment 3, while 32% opposed it, and only 2% were still undecided. Similarly, back in November of 2023, the University of North Florida asked people if they would vote for the initiative if it made it to the ballot as a potential amendment, and that poll found 67% in support, 28% opposed, and 5% undecided.

On the other hand, a poll taken in early April (2024) by USA Today found that Amendment 3 might not have quite enough support to pass. However, their poll wasn’t specific to this ballot initiative, instead asking if there were a ballot measure to legalize recreational possession and sale of cannabis would they support it. This poll with a more generalized question found 49% in support, 36% opposed, and 14% undecided.

So, even though the USA Today poll found just under 50% support, their question was regarding legalization with no specifics in place, and had a considerably higher undecided vote. The other polls both had undecided votes of 5% or less – so assuming those undecided lean towards legalization with proper regulation being specified, that easily brings the supportive votes closer to that 60% support threshold.

On the other hand, the other two polls were very close in results, and both were specific to Amendment 3, suggesting that it does possibly have the votes needed to be passed. Chances are there will be many more official and unofficial polls conducted between now and the November election – but as of right now, things are looking positive for those hoping for legalization to finally happen in the Sunshine State.