Florida Amendment 3 [1] was a proposed constitutional amendment to the Florida Constitution subject to a direct voter referendum on November 5, 2024, that would have legalized cannabis for possession, purchase, and recreational use in Florida for adults 21 years or older. The amendment achieved a majority 56% support among voters in the U.S. state of Florida but failed to reach the 60% supermajority required for adoption. [2]
This bill was largely sponsored by current medical cannabis companies that aim to expand the state's cannabis economy. The amendment does not address home-growing or possession, unless in the container from the approved store.
The initiative was registered with authorities around August 2022 for signature collection and assigned initiative number 22-05. To qualify for the ballot, 891,589 valid signatures were required. By December 1, 2022, it had gotten 53,982 signatures. [3] With 294,037 validated signatures by early 2023, an automatic state supreme court legal review was triggered. [4] [5] 635,961 signatures were validated by the Florida Secretary of State as of April 4, [6] and there were 841,130 validated signatures by May 1. [7] Around June 1, the Florida Division of Elections validated 967,528 signatures – enough for the measure to qualify for the 2024 ballot. [8] [9] The Florida Supreme Court issued a ruling on April 1, 2024 approving the amendment for placement on the November general ballot. [10]
The ballot summary for the amendment stated the following: [11]
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; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.
The financial impact statement for the amendment stated the following:
The amendment’s financial impact primarily comes from expected sales tax collections. If legal today, sales of non-medical marijuana would be subject to sales tax and would remain so if voters approve this amendment. Based on other states’ experiences, expected retail sales of non-medical marijuana would generate at least $195.6 million annually in state and local sales tax revenues once the retail market is fully operational, although the timing of this occurring is unclear. Under current law, the existing statutory framework for medical marijuana is repealed six months after the effective date of this amendment which affects how this amendment will be implemented. A new regulatory structure for both medical and nonmedical use of marijuana will be needed. Its design cannot be fully known until the legislature acts; however, regulatory costs will probably be offset by regulatory fees. Other potential costs and savings cannot be predicted.
A 60% supermajority vote is required for the amendment to be approved.
Poll source | Date(s) administered | Sample size [b] | Margin of error | For [c] | Against | Undecided |
---|---|---|---|---|---|---|
Stetson University [54] | October 25 – November 1, 2024 | 452 (LV) | ± 5.0% | 64% | 36% | – |
Florida Atlantic University/Mainstreet Research | October 19–27, 2024 | 913 (RV) | ± 3.2% | 60% | 34% | 6% |
Emerson College [A] | October 18–20, 2024 | 860 (LV) | ± 3.3% | 60% | 34% | 6% |
Cherry Communications (R) [B] | October 10–20, 2024 | 614 (LV) | ± 4.3% | 57% | ? | ? |
University of North Florida | October 7–18, 2024 | 865 (LV) | ± 3.49% | 66% | 30% | 4% |
Mason-Dixon Polling & Strategy | October 1–4, 2024 | 625 (RV) | ± 4.0% | 58% | 35% | 7% |
Public Policy Polling (D) [C] | September 25–26, 2024 | 808 (RV) | ± 3.5% | 58% | 35% | 7% |
Victory Insights (R) | September 22–25, 2024 | 600 (LV) | ± 4.4% | 54% | 29% | 17% |
Public Policy Polling (D) [C] | August 21–22, 2024 | 837 (RV) | ± 3.4% | 57% | 34% | 9% |
Florida Atlantic University/Mainstreet Research | August 10–11, 2024 | 1,055 (RV) | ± 3.0% | 56% | 29% | 15% |
Suffolk University/USA Today | August 7–11, 2024 | 500 (LV) | ± 4.4% | 63% | 33% | 3% |
The Tyson Group [D] | July 2024 | 1,500 (LV) | ± 2.53% | 64% | 27% | 9% |
University of North Florida | July 24–27, 2024 | 774 (LV) | ± 4.6% | 64% | 31% | 5% |
Beacon Research (D)/Shaw & Company Research (R) [E] | June 1–4, 2024 | 1,075 (RV) | ± 3% | 66% | 32% | 2% |
Cherry Communications (R) [B] | April 28 – May 7, 2024 | 609 (LV) | ± 4.0% | 58% | 37% | 5% |
Florida Atlantic University/Mainstreet Research | April 15–17, 2024 | 865 (A) | ± 3.3% | 47% | 35% | 18% |
USA Today/IPSOS | April 5–7, 2024 | 1,014 (A) | ± 4.1% | 56% | 40% | 4% |
The Tyson Group [D] | February 2024 | 1,764 (LV) | ± 2.33% | 65% | 22% | 13% |
University of North Florida | November 6–26, 2023 | 716 (RV) | ± 4.37% | 67% | 28% | 5% |
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