Judge’s gavel with marijuana leaf next to it – Photo: TANYARICO/Shutterstock.com
Residents of Florida will vote for more than simply the president on November 5. Along with five other amendments, they will also decide whether to legalize marijuana for recreational use.
Here, we examine Amendment 3, its implications, and the current legal framework in Florida.
What is it?
Voters will be asked to decide whether or not Florida should legalize recreational marijuana use and possession of up to three ounces of marijuana and five grams of concentrate by adults who are at least 21 years old.
The Marijuana Policy Project claims that it would also enable the state to better regulate cannabis use by issuing additional licenses. In addition, the Legislature would still need to establish guidelines for acceptable uses of marijuana, including when, where, and how.
The ballot summary is as follows: “Permits individuals who are 21 years of age or older to possess, buy, or use marijuana products and accessories for personal non-medical consumption through ingestion, smoking, or other methods; permits Medical Marijuana Treatment Centers and other state-licensed organizations to obtain, grow, process, manufacture, sell, and distribute such products and accessories.” pertains to Florida law; it does not alter or shield transgressions of federal law. limits the amount in possession for individual use. permits uniform law. clarifies terminology. gives the effective date.
A “yes” vote would be in favor of adding provisions legalizing marijuana for adult use to the Florida Constitution. A “no” vote is against including that wording.
After approval, the new law would go into effect after six months.
What is the current situation?
Since 2016, Florida has allowed the use of medical marijuana for those with specific ailments who get a medical marijuana ID card; nonetheless, recreational marijuana usage and possession are prohibited.
NORML, a group that promotes the legalization of marijuana, states that there are “local jurisdictions in Florida that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.”
According to NORML, selling or possessing 20 grams or less of marijuana is considered a misdemeanor, carrying a maximum penalty of one year in jail and a $5,000 fine. Anything beyond that is considered a crime.
Additionally, smoking marijuana in public is now punishable by up to $500 in fines and 60 days in jail in Miami Beach as of February 1.
How many votes is Amendment 3 going to need to pass?
For Amendment 3 to be approved, at least 60 percent of voters must vote in favor of it.
Effects
Although Ballotpedia states that “Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use,” Amendment 3 may make it legal for other people to grow and market marijuana-related goods.
It also raises concerns over personal marijuana cultivation and expungement, which is the process of deleting marijuana-related charges from criminal records.
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Chris began his writing as a hobby while attending Florida Southern College in Lakeland, Florida. Today he and his wife live in the Orlando area with their three children and dog.
