Florida Amendment 3: Recreational Marijuana Initiative Explained

With little time remaining until the November 5 general election, the issue of whether to legalize marijuana for recreational use is on the minds of many Florida voters. Groups on both sides of the debate over Amendment 3 are making their pitches, be they pro or con.

Amendment 3, officially titled "Adult Personal Use of Marijuana," would cement into Florida's constitution the right to possess and consume cannabis for recreational purposes.

The proposed amendment states, in part, "Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise."

The measure also contains language about regulation of cannabis production and distribution tied to the 2016 constitutional amendment that legalized medical marijuana in Florida.

In Florida, citizen ballot initiatives require a 60 percent majority to pass.

Below is a list of important facts to know about Amendment 3.

What Is Amendment 3?

It's an amendment to the Florida state constitution that would legalize recreational cannabis for adults 21 and older and allow them to possess three ounces of marijuana or up to five grams of concentrate.

Does That Mean Weed Will Be Available on Every Street Corner?

No, you would still have to buy it from licensed dispensaries.

So the Entire State of Florida Will Not Smell Like Weed, Contrary to Gov. Ron DeSantis' Claims?

Probably not. DeSantis has also apparently forgotten about the existence of edibles. But his PAC, the Florida Freedom Fund, strongly opposes this amendment, so....

Will I Be Getting the Good Stuff?

It will be regulated. Whether that is "good" is a matter of opinion. However — according to testimony in a recent hearing held by the Florida House of Representatives, 90 percent of the marijuana confiscated by the Florida Department of Law Enforcement tested positive for chemicals or additives (including fentanyl), so maybe a little regulation is good?

How Much Will This Regulated Weed Cost Me?

Dispensaries will set the price. And you'll have to pay sales tax.

How Much Sales Tax?

That's yet to be determined. Florida charges a 6 percent tax on medical marijuana, but the rate on recreational marijuana is likely to be higher. In other U.S. states where recreational marijuana is already legal, the sales taxes range from 6 percent in Missouri to 37 percent in Washington. State officials here estimate that taxes would bring in at least $195.6 million annually.

How Many States Have Legalized Recreational Marijuana?

Twenty-four so far — 25 if you count Washington, D.C. Voters in North and South Dakota will also be deciding the issue on November 5. If the Florida amendment passes, the Sunshine State will be the first in the Southeast U.S. to legalize recreational cannabis.

Will This Affect Crime Rates?

Overall, arrests for marijuana possession have decreased in almost every state where recreational marijuana has been legalized, according to the Federal Bureau of Investigation.

What About the Children?

According to a study by JAMA Pediatrics, published by the American Medical Association, recreational marijuana hasn't had much effect on adolescent usage. It is unclear whether the legalization of weed has made it uncool.

Is There a Downside to Legalized Marijuana?

The campaign to support the amendment has received considerable financial support from dispensary chains, most notably the Tallahassee-based giant, Trulieve.

Governor DeSantis has labeled Trulieve as "some Canadian marijuana company" — a misleading reference to the fact that the publicly traded on the Canadian Securities Exchange. 

Another of the amendment's opponents, Florida Solicitor General Henry Whitaker, is concerned that passage would "[entrench] the sponsor's monopolistic stranglehold on the marijuana market to the detriment of Floridians." And U.S. Sen. Rick Scott, whose brother recently died after years of drug and alcohol abuse (and jail time for drug possession), considers marijuana to be a "gateway drug" that can lead to other problems.

What Will It Take to Pass Amendment 3?

Any amendment to Florida's constitution requires a supermajority of 60 percent. In 2016, when Floridians green-lit medical marijuana, 71 percent were in favor of that initiative.

OK, Great. But What Does Donald Trump Think?

The Republican presidential candidate and registered Florida voter has said he is in favor and will vote for the measure on Election Day: "As I have previously stated, I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use. We must also implement smart regulations while providing access for adults to safe, tested product."