Cannabis in Florida

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Florida's Medical Marijuana Universal Symbol Colorado-cannabis-universal-symbol.svg
Florida's Medical Marijuana Universal Symbol

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams (3⁄4 oz) is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. [1] Several cities and counties have enacted reforms to apply lesser penalties, however.

Contents

Medical use was legalized in 2016 by way of a constitutional amendment. Appearing on the ballot as Amendment 2, the initiative was approved with 71% of the vote.

The Victor Licata case

On October 16, 1933, 21-year-old Victor Licata used an axe to murder his parents, two brothers, and a sister while they were asleep. Despite evidence Licata had a pre-existing history of mental illness, police and the press made unattributed claims that he was "addicted" to marijuana. On October 17, 1933, the Tampa Bay Times wrote:

W. D. Bush, city chief detective, said he had made an investigation prior to the crime and learned the slayer had been addicted to smoking marihuana cigarettes for more than six months. [2]

However, a day later the Chief of Tampa Police Department downplayed the role the drug had in the murders, although he pledged himself to the cause of marijuana prohibition:

Maybe the weed only had a small indirect part in the alleged insanity of the youth, but I am declaring now and for all time that the increasing use of this narcotic must stop and will be stopped." (October 18, 1933) [3]

An October 20, 1933, editorial on page six of the Tampa Morning Tribune was entitled "Stop This Murderous Smoke". [4] The editorial writer called for the prohibition of marijuana:

... it may or may not be wholly true that the pernicious marijuana cigarette is responsible for the murderous mania of a Tampa young man in exterminating all the members of his family within his reach — but whether or not the poisonous mind-wrecking weed is mainly accountable for the tragedy its sale should not be and should never have been permitted here or elsewhere. [3]

Medical use

CBD oil legalized (2014)

On June 16, 2014, Governor Rick Scott signed into law Senate Bill 1030 – the "Compassionate Medical Cannabis Act" – to allow the use of low-THC, high-CBD cannabis oil produced from the strain of cannabis known as Charlotte's Web. [5] [6] Qualifying conditions allowed under the bill were epilepsy, cancer, and amyotrophic lateral sclerosis. [7] It passed the House 111–7 and Senate 30–9. [8]

Failed Amendment 2 initiative (2014)

In 2013, supporters of a constitutional amendment to legalize medical cannabis began collecting signature to place the issue on the 2014 ballot. The group United for Care turned in 745,613 of the required 683,149 signatures, and on January 27, 2014, the Supreme Court of Florida ruled 4-3 that the initiative had successfully qualified. [9] Appearing on the ballot as Amendment 2, the initiative ultimately failed with 57.6% of the vote (this was short of the 60% supermajority required for constitutional amendments in Florida). [10] Contributing to its defeat was casino magnate Sheldon Adelson, who donated $5.5 million to the initiative's opposition campaign. [11] The main sponsor in support of the initiative was attorney John Morgan, who spent close to $4 million. [12]

Right to Try Act expanded (2016)

House Bill 307 was signed into law by Governor Scott on March 25, 2016, to expand the state's Right to Try Act to allow terminally ill patients to use cannabis. [13] [14] The bill also sought to address problems that had arisen with the implementation of the state's CBD law that was approved in 2014. [15] House Bill 307 passed the House 99–16 and the Senate 28–11. [16]

Approved Amendment 2 initiative (2016)

In 2016, a second attempt was made to pass a constitutional amendment to legalize medical cannabis in Florida. Appearing on the ballot as Amendment 2, the initiative was approved on November 8, 2016, with 71.3% of the vote. [17] The initiative legalized the use of cannabis with a doctor's recommendation for treatment of: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition, or other comparable debilitating medical conditions. [18]

Under Amendment 2, a patient can access medical cannabis if a physician determines that the benefits of the drug would likely outweigh the potential health risks. Initially, Florida regulations did not allow for smoking the medication; instead it could only be consumed by vaping or as oils, sprays, or pills. [18] However, on May 25, 2018, Leon County Circuit Court Judge Karen Gievers ruled that the ban on smoking was unconstitutional. [19] That ruling was appealed by the administration of Governor Rick Scott, but the administration of Governor Ron DeSantis dropped the appeal and asked for the legislature to lift the restriction. [20] A bill that removed the prohibition on smoking was signed into law in March 2019. [21] In September 2020, sales of edible products began shortly after the Florida Department of Health published regulations to allow such sales. [22] [23]

Recreational use

Invalidated 2022 initiatives

In April 2021, the Florida Supreme Court ruled 5–2 that an initiative to legalize recreational cannabis was "affirmatively misleading" and therefore would not appear on the 2022 ballot. [24] Prior to the ruling, the group Make it Legal Florida had collected 556,049 valid signatures of 891,589 required to qualify for the ballot. [25] The court invalidated the initiative because the summary, which was limited to 75 words, did not specify that cannabis would remain illegal under federal law. [26] The challenge was brought before the court by Attorney General Ashley Moody. [27] [28]

A second initiative to legalize recreational cannabis, spearheaded by the group Sensible Florida, was struck down by the court in a 5–2 ruling in June 2021. The court again ruled that the summary was "affirmatively misleading", in agreement with a September 2019 challenge brought by Attorney General Moody. [29] [30]

Adult Personal Use of Marijuana initiative (2024)

In August 2022, a proposed constitutional amendment was filed by the group Smart & Safe Florida to legalize recreational cannabis in Florida. [31] In June 2023, the Florida Department of State confirmed that 967,528 valid signatures had been submitted of 891,523 required to qualify for the 2024 ballot. [32] Later in June, Attorney General Ashley Moody filed a 49-page legal brief urging the Florida Supreme Court to remove the initiative from the ballot. [33] In April 2024, the court ruled 5–2 that the initiative was constitutional and would remain on the ballot. [34] [35] Passage of the initiative was opposed by Governor Ron DeSantis and the Republican Party of Florida. [36]

Although the amendment achieved a majority 56% support among voters on the November 2024 ballot, it failed to reach the 60% supermajority required for adoption.

County and municipal reforms

Miami-Dade County (2015)

In June 2015, Miami-Dade County commissioners approved by a 10–3 vote a plan to allow civil citations to be issued for possession of up to 20 grams (¾ oz) of cannabis. Persons issued a citation are required to pay a $100 fine or perform two days of community service. [37]

Broward County (2015)

In November 2015, Broward County commissioners approved by a unanimous vote a plan to allow civil citations to be issued for possession of up to 20 grams (¾ oz) of cannabis. The penalty was set at $100 for a first offense, $250 for a second, and $500 for a third. [38]

Palm Beach County (2015)

In December 2015, Palm Beach County commissioners approved by a 4–1 vote a plan to allow civil citations to be issued for possession of up to 20 grams (¾ oz) of cannabis. First and second offenses are punishable by a $100 fine; a third offense cannot be cited. [39] Instead of a fine, cited individuals can opt for 10 hours of community service. [40]

Tampa (2016)

In March 2016, Tampa city council approved by a 5–1 vote a plan to allow civil citations to be issued for possession of up to 20 grams (¾ oz) of cannabis. The penalty was set at $75 for a first offense, $150 for a second, and $300 for a third. [41]

Orlando (2016)

In May 2016, Orlando city council approved by a 4–3 vote a plan to allow civil citations to be issued for possession of up to 20 grams (¾ oz) of cannabis. [42] The penalty was set at $100 for a first offense and $200 for a second. [42] As an alternative, eight hours of drug education or community service can be substituted. [43] The program went into effect in October 2016. [43]

Other

Other cities and counties that have approved decriminalization ordinances are: Miami Beach (2015), Hallandale Beach (2015), Key West (2015), West Palm Beach (2015), Volusia County (2016), Osceola County (2016), Alachua County (2016), Port Richey (2016), Cocoa Beach (2019), and Sarasota (2019). [44] [45] [46]

See also

Related Research Articles

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in Oregon</span>

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal and cultural events surrounding the use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis and authorize its use for medical purposes. An attempt to recriminalize the possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Medical cannabis in the United States</span>

In the United States, the use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">Cannabis in California</span>

Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 39 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in South Dakota</span>

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

<span class="mw-page-title-main">Cannabis in Arkansas</span>

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

<span class="mw-page-title-main">Cannabis in North Dakota</span>

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<span class="mw-page-title-main">Cannabis in Alaska</span>

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<span class="mw-page-title-main">Cannabis in Nevada</span>

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

<span class="mw-page-title-main">2016 Florida Amendment 2</span> Ballot measure legalizing medical marijuana

The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the Tuesday, November 8, 2016, general election in the State of Florida. The bill required a super-majority vote to pass, with at least 60% of voters voting for support of a state constitutional amendment. Florida already had a medical marijuana law in place, but only for those who are terminally ill and with less than a year left to live. The goal of Amendment 2 is to alleviate those suffering from these medical conditions: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition or other debilitating medical conditions comparable to those listed. Under Amendment 2, the medical marijuana will be given to the patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Smoking the medication was not allowed under a statute passed by the Florida State Legislature, however this ban was struck down by Leon County Circuit Court Judge Karen Gievers on May 25, 2018.

<span class="mw-page-title-main">Cannabis in Arizona</span>

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Missouri</span>

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Maryland</span>

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Ohio</span>

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023. The first licensed sales started on August 6, 2024. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">Cannabis in Michigan</span>

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

<span class="mw-page-title-main">Ashley Moody</span> American politician (born 1975)

Ashley Brooke Moody is an American attorney and politician who has served as the 38th attorney general of Florida since January 2019. Moody previously served as an assistant U.S. attorney and a circuit court judge in Hillsborough County.

References

  1. ↑ "Florida Laws & Penalties". NORML. Retrieved August 8, 2019.
  2. ↑ Sloman. Reefer madness: the history of marijuana in America. p. 61.
  3. 1 2 Sloman. Reefer madness: the history of marijuana in America. p. 62.
  4. ↑ "Licata Newspaper Articles and References". Uncle Mike's Library. June 25, 2009. Archived from the original on February 24, 2016. Retrieved March 26, 2012.
  5. ↑ Cotterell, Bill (June 16, 2014). "Florida governor signs law allowing limited medical marijuana use". Reuters. Retrieved August 7, 2019.
  6. ↑ Larrabee, Brandon (June 16, 2014). "Governor Scott Signs Medical Marijuana Bill". WFOR. The News Service of Florida. Retrieved August 7, 2019.
  7. ↑ Klas, Mary Ellen (June 16, 2014). "Gov. Rick Scott signs 'Charlotte's Web' medical marijuana bill". Tampa Bay Times. Retrieved August 7, 2019.
  8. ↑ Smith, Nancy (June 15, 2014). "Bill Signing Makes Florida 22nd State to Pass Medical Marijuana Legislation". Sunshine State News. Archived from the original on August 7, 2019. Retrieved August 7, 2019.
  9. ↑ Cotterell, Bill (January 27, 2014). "Florida's top court puts medical marijuana initiative on November ballot". Reuters. Retrieved August 7, 2019.
  10. ↑ Sweeney, Dan (November 7, 2014). "Medical marijuana: On the ballot in 2016?". Sun-Sentinel. Retrieved November 14, 2016.
  11. ↑ Hamilton, Keegan (October 26, 2016). "Weed Killers | Here's who's bankrolling the fight against legal marijuana". Vice News. Retrieved August 7, 2019.
  12. ↑ "Florida Right to Medical Marijuana Initiative, Amendment 2 (2014)". Ballotpedia. Retrieved August 7, 2014.
  13. ↑ Saunder, Jim (March 25, 2016). "Rick Scott approves medical marijuana expansion". Orlando Weekly. The News Service of Florida. Archived from the original on January 2, 2020. Retrieved January 2, 2020.
  14. ↑ Buzzacco-Foerster, Jenna (March 25, 2016). "Gov. Scott signs medical marijuana expansion bill into law". Florida Politics. Retrieved January 2, 2020.
  15. ↑ Reedy, Joe (March 14, 2016). "Florida medical marijuana bill with 'Right to Try' expansion heads to gov". The Cannabist. Associated Press. Retrieved January 2, 2020.
  16. ↑ Zuckerman, Daniel (March 25, 2016). "Florida Gov. Rick Scott Passes Medical Marijuana Expansion Bill". Inquisitr. Retrieved January 2, 2020.
  17. ↑ "Florida Medical Marijuana Legalization, Amendment 2 (2016)". Ballotpedia. Retrieved August 8, 2019.
  18. 1 2 Lewis, Jackson (June 27, 2017). "Florida Governor Signs Medical Marijuana Law". JD Supra. Retrieved July 14, 2017.
  19. ↑ "Florida: Court Strikes Down Legislative Ban On Medical Cannabis Smoking". NORML. May 31, 2018. Retrieved June 3, 2018.
  20. ↑ "Florida: Governor Demands Lawmakers Lift Ban On Smoked Cannabis". NORML. January 24, 2019. Retrieved February 11, 2019.
  21. ↑ "Senate Bill 182 (2019) - The Florida Senate". flsenate.gov. Retrieved March 15, 2019.
  22. ↑ Call, James; Schneider, Tori; Cox, Billy (September 2, 2020). "Edible marijuana now available in Florida as Trulieve offers TruGels at dispensaries". Tallahassee Democrat. Retrieved November 6, 2021.
  23. ↑ Fuller, Austin (September 21, 2020). "Medical marijuana chocolates, cookies and gels hit the dispensary shelves in Florida". Orlando Sentinel. Retrieved November 6, 2021.
  24. ↑ Stern, Mark Joseph (April 22, 2021). "The Florida Supreme Court Won't Let Voters Legalize Recreational Marijuana". Slate. Retrieved August 2, 2023.
  25. ↑ Jaeger, Kyle (April 22, 2021). "Florida Supreme Court Kills 2022 Marijuana Legalization Initiative That Hundreds Of Thousands Had Signed". Marijuana Moment. Retrieved August 2, 2023.
  26. ↑ Wilson, Kirby (April 22, 2021). "Florida marijuana legalization dealt blow by Florida Supreme Court". Tampa Bay Times. Archived from the original on June 2, 2023. Retrieved August 2, 2023.
  27. ↑ Gancarski, A.G. (December 20, 2019). "Ashley Moody argues against pot legalization initiative". Florida Politics. Retrieved August 4, 2023.
  28. ↑ Saunders, Jim (March 24, 2020). "AG Moody, trying to slow down recreational pot amendment, asks Florida Supreme Court to review". Orlando Weekly. News Service of Florida. Retrieved August 4, 2023.
  29. ↑ Wilson, Kirby (June 17, 2021). "Florida Supreme Court issues another defeat to marijuana legalization". Tampa Bay Times. Archived from the original on December 7, 2022. Retrieved August 2, 2023.
  30. ↑ Moline, Michael (June 17, 2021). "FL Supreme Court blocks a second pro-pot citizens initiative from the 2022 ballot". Florida Phoenix. Retrieved August 2, 2023.
  31. ↑ "Florida recreational marijuana initiative launched". CBS News Miami. News Service of Florida. August 8, 2022. Retrieved August 3, 2023.
  32. ↑ Ritchie, Bruce (June 1, 2023). "Florida recreational marijuana effort clears crucial hurdle". Politico. Retrieved August 3, 2023.
  33. ↑ Kam, Dara (June 27, 2023). "Florida's attorney general says recreational marijuana amendment is 'misleading to voters'". Orlando Weekly. News Service of Florida. Retrieved August 3, 2023.
  34. ↑ Sarkissian, Arek (April 1, 2024). "Florida Supreme Court approves ballot measure to legalize recreational marijuana". Politico. Retrieved April 30, 2024.
  35. ↑ Wilson, Kirby; Ellenbogen, Romy (April 1, 2024). "Recreational weed will be on Florida's 2024 ballot, Supreme Court rules". Tampa Bay Times. Archived from the original on April 9, 2024. Retrieved April 30, 2024.
  36. ↑ Leonard, Kimberly (May 7, 2024). "Florida GOP says no to weed referendum". Politico. Retrieved June 30, 2024.
  37. ↑ Hanks, Douglas (June 30, 2015). "Miami-Dade adopts $100 fine for pot possession". Miami Herald. Archived from the original on March 23, 2019. Retrieved March 22, 2019.
  38. ↑ Wallman, Brittany (November 11, 2015). "Broward downgrades penalty for pot possession". South Florida Sun-Sentinel. Retrieved March 22, 2019.
  39. ↑ Washington, Wayne (December 15, 2015). "Palm Beach County's new pot law: $100 fine for holding about ¾-ounce". The Palm Beach Post. Archived from the original on March 23, 2019. Retrieved March 20, 2019.
  40. ↑ Swisher, Skyler (December 15, 2015). "Palm Beach County eases penalty for marijuana possession". South Florida Sun-Sentinel. Retrieved March 20, 2019.
  41. ↑ Danielson, Richard (March 17, 2016). "Tampa City Council okays civil fines for small amounts of marijuana". Tampa Bay Times. Retrieved March 22, 2019.
  42. 1 2 Weiner, Jeff (May 9, 2016). "Orlando OKs citations for marijuana possession in small amounts". Orlando Sentinel. Retrieved March 22, 2019.
  43. 1 2 Cordeiro, Monivette (May 9, 2016). "Orlando City Council adopts use of civil citations for marijuana, but with some changes". Orlando Weekly. Archived from the original on May 12, 2016. Retrieved March 22, 2016.
  44. ↑ Cox, Billy (September 3, 2019). "Sarasota votes to decriminalize small amount of marijuana". Sarasota Herald-Tribune. Retrieved September 6, 2019.
  45. ↑ "Decriminalization is sweeping Florida — one city at a time". Marijuana Policy Project. Retrieved August 8, 2019.
  46. ↑ "Florida Local Decriminalization". NORML. Retrieved August 6, 2019.
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