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While Amendment 3 may not have passed, the vision for legalized recreational marijuana in Florida is not dead. In fact, recreational marijuana could return on ballots as soon as 2026, but not without changes.
Earlier this month, the Smart & Safe Florida committee which originally backed Amendment 3, filed a revamped proposal at the Division of State Elections. The proposal addresses several concerns raised by Florida Governor Ron DeSantis, who lobbied fiercely against Amendment 3 on the 2024 ballot.
Amendment 3 would have allowed adults 21 or older to purchase and use marijuana for non-medical reasons. Additionally, marijuana dispensaries would have been able to sell marijuana for recreational use. Ultimately, the majority of Florida residents voted “yes” on 3, but the bill failed to reach the 60 percent threshold needed to pass.
The revised proposal still allows adults 21 and older to purchase and possess marijuana in Florida, but adds more regulations for property owners and marijuana companies.
One of the reasons that DeSantis pushed back against legalizing recreational marijuana use was the harsh smell that comes from smoking weed. “It’s basically a license to have it anywhere you want. So no time, place and manner restrictions. This state will start to smell like marijuana in our cities and towns,” said DeSantis while criticizing Amendment 3 at an appearance in Davie last April.
According to the Division of Elections website, the new proposal says that “smoking and vaping marijuana in any public place is prohibited.” This is just one of the ways that Smart & Safe seeks to dispel the governor’s critiques.
Desantis and First-Lady Casey DeSantis also expressed concerns about misleading packaging for cannabis products, which can often appear too “child-friendly.”
“Why do they package it like Gummy Bears and lollipops and Rice Krispie Treats and brownies?” Casey DeSantis said while speaking against Amendment 3 at a press conference in Jacksonville last October. “It will happen where this gets to our kids, they can consume it and it can be potentially life ending.”
The new proposal also touches on this criticism as it says it would prohibit “marketing and packing of marijuana in a manner attractive to children.”
The new proposal also calls for a “horizontal integration” system. Under the current “vertical integration” system, medical marijuana treatment centers are required to handle all aspects of marijuana production and sales.
The “horizontal integration” system will allow medical marijuana treatment centers to “acquire, cultivate, process, transport, and sell marijuana to adults” without being required to do all.
The shift to horizontal integration in Florida could potentially bring several benefits. It allows smaller businesses to enter the marijuana market, which could both increase competition and lower prices. Companies would also be able to focus on what they do best, which could lead to higher quality products.
In an interview with WPTV News, attorney Paula Savchenko said the new proposal was created to cover the spaces that were left in Amendment 3. “There were some holes in the amendment that needed additional clarification of language, which has been covered here,” Savchenko said.
While it is still uncertain if DeSantis will be receptive to these changes, the new proposal signifies that the Smart & Safe Florida committee is willing to bend to the governor’s critiques, a strategy that could be effective in order to keep the conversation alive.
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