By Bird Rudd 
Photo Credit: Kiplinger Personal Finance
The state of Florida is inching closer to legalizing recreational marijuana. A proposed amendment to the state Constitution, known as Florida Amendment 3 or the Marijuana Legalization Initiative, has qualified for the 2024 ballot in Florida. The initiative only needed a total of 891,000 signatures to qualify for the ballot but it amassed more than one million valid signatures. Amendment 3 would make recreational marijuana legal for Florida residents 21 years of age and older. Individuals would be able to possess up to three ounces of the substance and up to five grams in the form of concentrate under the proposed policy. Smart & Safe Florida sponsored the initiative and they are backed by Florida’s largest medical marijuana producer, Trulieve. The topic of legalizing marijuana is still a contentious issue, with individuals on both sides strongly advocating for their viewpoint to be adopted. In order to understand the upcoming Florida ballot initiative, looking at how other states have handled the prospect of legalizing the drug can provide insight.
In 2012, Colorado and Washington became the first U.S. states to legalize recreational marijuana by approving ballot measures allowing the use and sale of cannabis. Currently, in 2024, 24 states have already approved the use of recreational cannabis. After Ohio’s vote to legalize recreational marijuana use last year, more than 50 percent of the total United States population resides in a state that has removed cannabis prohibition. In addition to the states where marijuana is legal for both medical and recreational purposes, another dozen states, including Florida, have policies that allow for the sale and consumption of medical marijuana or have decriminalized the substance, even though marijuana is still banned for recreational purposes. Roughly 75 percent of American citizens live in an area that has legalized either recreational or medical marijuana, or both.
In November 2023, the state of Ohio passed a new recreational marijuana law allowing adults 21 years of age and older to legally distribute, purchase, and use cannabis. The issue passed after winning 57% of the votes from Ohio residents. Individuals living in Ohio are also allowed to grow up to six cannabis plants, with a limit of 12 per household. The Coalition to Regulate Marijuana Like Alcohol led the campaign to legalize marijuana in Ohio. The organization claimed that allowing recreational marijuana in the state would “[fix] a broken system while ensuring local control, keeping marijuana out of the hands of children, and benefiting everyone.” There are currently no authorized sellers in Ohio, but the Division of Cannabis Control will begin processing retailer applications in June 2024. Ohio residents will likely be able to begin purchasing the product in the late summer or early fall of this year.
In Florida, the proposition of legalized recreational marijuana is still a debated topic, with two sides advocating for or against the measure. Smart and Safe Florida and Trulieve have demonstrated their clear support for the initiative by spending over $40 million dollars on the legalization campaign. Organizations such as the Drug Free America Foundation and the Florida Chamber of Commerce have demonstrated their opposition to the prospect.
Those who support the legalization of recreational marijuana point to the benefits they believe it would bring to individuals, the state economy, and the justice system. First, some supporters point out that cannabis has been shown to have therapeutic effects on an individual’s mental and physical health. Additionally, some supporters state that upon legalization, states can “promote the safer use of cannabis by educating the public on appropriate cannabis use and providing quality control measures for cannabis products.” Second, supporters believe that allowing adults to recreationally use marijuana can bring significant tax benefits to the state. The legal cannabis industry has the ability to produce a projected $4.06 billion in tax benefits for state governments in 2025, according to New Frontier data. Additionally, the industry also has the ability to generate new jobs because the “cannabis industry is a rapidly growing industry, and legalization could lead to the creation of new jobs in areas such as cultivation, processing, and retail sales.” Third, some supporters argue that the legalization of recreational marijuana can provide benefits to the state justice system in Florida. When cannabis is illegal, the state’s criminal justice system has the added responsibility to arrest and charge individuals for possession of the drug. Legalization could free up state resources to go toward other offenses as legalizing the substance may reduce the number of people who are incarcerated on charges of non-violent drug offenses. Additionally, supporters explain that it would also help to eliminate the disproportionate amount of arrests that occur in marginalized communities. According to the Drug Policy Alliance, “Black people are 3.6 times more likely to be arrested for marijuana than white people nationally, despite similar rates of use.” Supporters argue that by legalizing marijuana, these disproportionate impacts on individuals of color could be significantly reduced.
Individuals who oppose the initiative to legalize recreational marijuana point to the consequences that they believe affect young individuals, user health, and the social costs. First, some opponents argue that after legalizing marijuana, young adolescents may have an easier time getting their hands on the substance. The Hazelden Betty Ford Foundation claims that since younger individuals still have a developing brain, marijuana usage can lead to adverse effects on learning, thinking, and memory development for minors. Additionally, they state that the earlier a person starts using a mind-altering substance, the greater the chance they could develop a substance use disorder. Second, some opponents believe that recreational marijuana has adverse health effects. They contend that the drug can be addictive. According to the National Library of Medicine, “Data clearly show that about 10% of those who use cannabis become addicted; this number is higher among adolescents.” Additionally, some opponents argue that it can irritate the lining of the mouth, throat, and lungs. Cannabis usage can also trigger bronchitis, as well as intense coughing and mucus production. Third, some opponents point out that there can be social costs associated with the legalization of the substance. Individuals who choose to drive while high off the substance are at a greater risk of a fatal motor vehicle collision. The National Library of Medicine explains that “In many studies of drug-related motor vehicle fatalities, marijuana is the most common drug detected except for alcohol.” This is dangerous to not only the driver but also to innocent bystanders along the road.
In light of arguments from both sides, the decision will be left up to Florida residents who can expect to see the proposed constitutional amendment on the ballot on November 5, 2024. Those who support and oppose the legalization of recreational marijuana will likely take the next few months as an opportunity to advocate for their viewpoint and potentially influence public opinion on the topic. Ballotpedia reported a poll from the University of North Florida that was conducted in November 2023, indicating that 67% of respondents support recreational marijuana legalization in Florida while 28% oppose it. If the initiative passes, Florida will become the 25th state to allow adults to engage in recreational cannabis usage. If this occurs, it would mean that half of the states within the United States have fully legalized marijuana, for medical and recreational purposes, which could have a potential impact on federal law and the entire country.