6 April 18-24, 2024 miaminewtimes.com | browardpalmbeach.com New Times | music | cafe | culture | Night+Day | news | letters | coNteNts | PIPE DOWN, RON What you need to know about Florida’s proposed recreational marijuana amendment. BY FRANCISCO ALVARADO E arlier this month, Ron DeSantis, AKA Governor Buzzkill, warned that reefer madness threat- ens to engulf the Sunshine State. If more than 60 percent of voters approve a state amendment to legalize recreational marijuana in the November general election, all of Florida will go up in smoke, DeSantis railed at an April 4 press conference after the Florida Supreme Court approved the ballot measure. “It’s basically a license to have it anywhere you want,” the governor groused. “This state will start to smell like marijuana in our cities and towns. Do we want to have more mari- juana in our communities? I don’t think it’ll work out well, but it is a very, very broad amendment.” DeSantis needs to chill out. The proposed amendment “expressly em- powers” the state legislature to enact laws governing marijuana distribution and usage in public places — as does the state constitu- tion — notes a spokesperson for Smart & Safe Florida, the political action committee back- ing the ballot measure. “Please note that while you may have the right to smoke tobacco, you do not have the unrestricted right to smoke in public places like restaurants and libraries,” the spokesper- son tells New Times. “The same would apply to public smoking of marijuana. And we, of course, would strongly support the limita- tions of public smoking just as the state al- ready does for tobacco products.” A careful reading of the recreational mari- juana amendment’s ballot summary shows that Florida’s cannabis industry would still be subject to a regulatory framework. And noth- ing in the ballot language blocks municipali- ties and counties from prohibiting and limiting where marijuana flower and products can be sold and consumed — just as local gov- ernments have been doing since Florida vot- ers approved medical marijuana legalization. Ahead of the vote, here are some facts worth knowing about the recreational mari- juana amendment: How Old Will You Have to Be to Buy Legal Marijuana? The amendment would allow adults 21 years old or older to purchase, possess, and use marijuana products and accessories. If it passes, an adult would be allowed to possess no more than three ounces of cannabis flower and five grams of cannabis concentrate. You won’t get busted in jail if police find the permissible quantity of marijuana on your person. The amendment makes it clear that individuals “shall not be subject to criminal or civil liability or sanctions under Florida law” for personal cannabis possession. That said, the proposed amendment notes that the measure does “not change or immu- nize violations of federal law,” which contin- ues to prohibit possession and distribution of cannabis. Who Will Get to Grow and Sell Marijuana? With the passage of the medical marijuana amendment eight years ago, the legislature en- acted regulations that call for a so-called verti- cal integration business model. That means a single entity must control every aspect of a cannabis venture, from seed to sale. Each en- tity must also oper- ate or partner with a Florida-based farm for cannabis cultivation and processing. Florida’s Office of Medical Mari- juana has licensed 25 operators that have opened more than 600 dispen- saries across the state, with canna- bis giants like Curaleaf and Ve- rano (AKA Müv) dominating the market while nationally famous cannabis brands such as Cookies and Jungle Boys seek to grow their footprint in the state. The proposed amendment would allow current medical marijuana treatment centers to sell cannabis products to adults for personal use. The measure would also grant the state legislature the power to enact laws allowing new sellers that are not medical marijuana companies to “acquire, cultivate, possess, process, transfer, transport, sell, and distrib- ute marijuana products and marijuana acces- sories for personal use by adults.” How Many Votes Are Needed for the Amendment to Pass? Because the Republican-dominated legisla- ture has an enduring disdain for passing mar- ijuana legalization, residents had to resort to a ballot initiative process that requires at least 60 percent of voters to say “yes” for the amendment to become enshrined in the Flor- ida Constitution. In 2016, the medical marijuana amend- ment passed with 71.3 percent of the vote — a good sign for recreational cannabis supporters. Additionally, Smart & Safe Flor- ida is backed by the deep pockets of the state’s medical marijuana titan, Trulieve, a Quincy, Florida-based company that owns the largest share of medical marijuana dis- pensaries in Florida and already spent more than $40 million to get the recreational mea- sure on the ballot. Since the Florida Supreme Court ap- proved the ballot question and summary, other players including Verano, Curaleaf, and AYR Wellness have announced they would spark up the general election campaign. Those three companies donated a combined $3.5 million to Smart & Safe Florida in March, according to a recent campaign-finance re- port. The PAC has a $15 million head start for its campaign operations. Recreational cannabis amendments have passed by a 60 percent threshold in three states since 2020: Arizona, Maryland, and New Jersey. In the past two years, voters in a handful of red states rejected recreational marijuana amendments. During that same span, Florida’s GOP has overrun the state Democratic party by gaining hundreds of thousands of voters. In March, the Pew Research Center re- leased a national survey of 5,140 voters who were asked about their views on recreational marijuana. The poll showed that only 34 per- cent of conservative Republicans say mari- juana should be legal for medical and recreational use, compared with a 57 percent majority of moderate and liberal Republicans. In addition to DeSantis, the recreational marijuana amendment will likely draw oppo- sition from the Drug Free Coalition and other anti-drug groups. In a recent interview with the Florida Phoenix, an opposition leader ex- pressed confidence that the amendment will fail in Florida. “I think that our coalition can raise enough money and do enough to educate the public to win this ballot measure,” said Luke Niforatos, executive vice president of Smart Approaches to Marijuana. “I don’t know what that final number looks like, but it will definitely be under 60 percent.” [email protected] On April 1, 2024, the Florida Supreme Court cleared a recreational cannabis legalization item for the November ballot. Photo by Kelly Hall/Getty Images | METRO | THE AMENDMENT WOULD ALLOW ADULTS 21 YEARS OLD OR OLDER TO PURCHASE, POSSESS, AND USE MARIJUANA PRODUCTS AND ACCESSORIES.
