In a pivotal decision, the Florida Supreme Court recently gave the green light for a constitutional amendment on recreational marijuana to be included in the November 2024 statewide ballot. The initiative, known as Amendment 3, marks a significant step forward for the cannabis industry and serves as a powerful reminder of the strength of a democracy where the people have the power to change laws even when they’re not supported by politicians.
This victory for advocates comes after a series of setbacks that saw similar efforts to get adult-use amendments on the statewide ballot twice thwarted by the Florida Supreme Court in 2021.
The next step for it to become law is getting 60% approval from Florida voters. We expect voters to exceed that threshold as cannabis stigma continues to fade and legalization becomes less of a partisan issue. More than 70% of voters approved the 2016 ballot initiative to legalize medical marijuana and support for adult/recreational use has only grown since then. Recent polling supports these predictions and it would be a major surprise to all parties if Amendment 3 does not pass.
Five justices ruled in favor of the measure, with only two in opposition. Justice Jamie Grosshans, writing for the majority, stated, “In light of those limited considerations, we approve the proposed amendment for placement on the ballot.” This approval underscores the careful scrutiny applied to the amendment’s language and its adherence to legal standards, despite opposition from DeSantis and others. Here is Grosshans’ full 48-pg legal opinion if you need a little light reading.
One of the key points of contention in this debate has been the clarity and fairness of the amendment’s language. Critics, including Florida Attorney General Ashley Moody, raised concerns about potential ambiguities and misleading information. However, the majority of justices found that the language met the necessary standards, paving the way for its inclusion on the ballot.
Advocates argue that legalization not only aligns with changing societal attitudes but also presents economic opportunities and benefits, including tax revenue generation and job creation.
While a victory for the industry, new and existing Florida cannabis entrepreneurs will still have regulatory headwinds from combative legislative and executive regulatory bodies who might respond to the passing of Amendment 3 with more stringent licensing requirements and complex taxation laws. This is on top of the existing federal prohibition of cannabis, which comes with its own set of banking and financial hurdles.
Governor Ron DeSantis and other conservative voices have expressed reservations about the potential impact of recreational marijuana, citing concerns about public health and safety. However, the court’s decision emphasizes the importance of allowing voters to make informed choices and participate directly in shaping state policies.
As we look ahead to the November 2024 election, the debate surrounding recreational marijuana will undoubtedly intensify. Proponents and opponents will continue to make their cases, engaging with voters to secure their support or opposition.
Ultimately, the approval of Amendment 3 for the ballot underscores a fundamental principle of democracy—the power of the people to enact change through their collective voice. Regardless of individual opinions on recreational marijuana, this decision reflects a broader democratic process that values civic engagement and participation in shaping our communities’ futures.
If you have any questions about what Amendment 3 can mean for your existing business, or a new venture you’re considering starting, contact your trusted legal and/or business advisor to strategize how to best prepare for the anticipated changes.
Specifically, the bill provides that the amount of THC in hemp extract products cannot exceed 5 milligrams per serving or 50 milligrams per container; and it prohibits the sale of products containing delta-8 THC, and other cannabinoids, including delta-10 THC, THCV, and THCP, by amending the definition of “hemp extract” to explicitly state that hemp extract does not contain the foregoing cannabinoids. If the bill becomes law, which is highly likely, then it will take effect on October 1st. 