Florida’s Amendment 3 will be on the ballot in Florida on November 5, 2024 as an initiated constitutional amendment to legalize recreational marijuana. The initiative would do the following:

• Legalize recreational marijuana for adults 21 years and older
• Allow individuals to possess up to 3 ounces of marijuana (~85 grams) with up to 5 grams in the form of concentrate
• Allow existing medical marijuana treatment centers to sell marijuana products to adults for personal use
• Allow the state to grant licenses to organizations other than existing Medical Marijauna Treatment Centers to cultivate and sell marijuana products

The initiative amends Florida’s Constitution Article X, Section 29 by adding the following statement, among others: “The non-medical personal use of marijuana products and marijuana accessories by an adult, as defined below, in compliance with this section is not subject to any criminal or civil liability or sanctions under Florida Law.”

Although early polls indicated that the measure to legalize recreational marijuana in Florida lacked the necessary backing with only 49% support, a more recent poll by Florida Politics revealed 64% support among 1,065 likely voters.

In fact, Florida’s current support levels are similar to or higher than what many other states saw before legalizing. For example, when California legalized in 2016, the measure passed with about 57% support. Additionally, according to Smart & Safe Florida, the committee behind the push to legalize recreational marijuana in Florida has broken new fundraising records.

The upcoming vote to legalize recreational marijuana will require an amendment to the Florida constitution. The Florida constitution can be changed in one of the following ways:

• Initiative: This is a citizen-initiated constitutional amendment that allows citizens to change the constitution through a ballot measure (like Amendment 3 to legalize recreational marijuana). To propose such an amendment, supporters must gather signatures equal to 8% of the votes cast in the last presidential election. These signatures must come from at least 14 of the state’s 27 congressional districts. For the amendment to pass, 60% of voters must approve it. As of August 2024, polls indicate more than enough voter approval to carry the amendment forward.
• Legislature: For the Florida State Legislature to place a constitutional amendment on the ballot, a 60% vote is required in one legislative session. This means at least 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming there are no vacancies. Once on the ballot, amendments must receive 60% voter approval to pass.
• Convention: A constitutional convention can be called if 15% of the electorate signs a petition requesting it, with the same distribution requirements as a citizen initiative. Any amendments proposed by the convention must be approved by 60% of voters in a general election.
• Commission-referred constitutional amendments: The Florida Revision Constitution Commision and the Taxation and Budget Reform Commission can propose constitutional amendments to the ballot. But it might take a while as both convene every 20 years. Florida is the only state that allows commissions to do this.

The final decision rests with Florida voters on November 5, but current support for recreational marijuana legalization appears strong with polls indicating that at least 64% of likely voters support the measure. The outcome of this vote could mark a pivotal moment in Florida’s approach to cannabis regulation and use. If passed, the amendment will become effective 6 months after the vote.

If cannabis is legalized in Florida, you will no longer need a medical marijuana card to purchase marijuana products. However, having a medical card will most likely remain advantageous. Those with a medical marijuana card benefit from cost savings and tax exemptions, lower age limits, higher potency allowance, home delivery, and more.