Recreational Cannabis Bill Fails At The Florida Polls

In 2016, Florida law expanded to allow medical cannabis use, with more than 60 percent of voters approving the option for those with “debilitating illnesses.” Ever since, a movement to broaden cannabis legalization into recreational use has steadily taken root in the state, with the latest ballot initiative appearing during the November 2024 election. However, that initiative failed, meaning that cannabis regulations – and prosecutions – in Florida will remain the same for the foreseeable future.

How Did The Bill Fail?

In most states, it takes a simple majority (50.1 percent or more) to pass ballot initiatives, but Florida is an exception, with a 2006 law requiring 60 percent of voters to approve initiatives before they become law. Amendment 3, the most recent proposed regulation permitting recreational cannabis, received roughly 56 percent of the vote in 2024, which would make it law in most other states. In Florida, it means advocates will have to retool their efforts for the 2026 midterm elections.

This lack of success notwithstanding, it is remarkable that the level of support for Amendment 3 shows a marked improvement from past attempts at legalization. The previous measures put forth in 2021 did not even make it on the ballot, as the state’s Supreme Court ruling that both were “affirmatively misleading” to voters, and even had they made it onto the ballot, the outlook was grim for passage.

Cannabis Offenses Still Prosecuted Aggressively

Currently, cannabis is legal for medical use, able to be purchased by someone with (1) a medical card (or a caregiver’s card); and (2) a diagnosed ‘qualifying condition.’ The list of qualifying conditions is long, but not exhaustive, including maladies like cancer, epilepsy, and post-traumatic stress disorder (PTSD). Anyone who lacks one or both of these requirements can wind up in legal trouble.

While possession of cannabis is still a crime, carrying jail time and financial penalties, it is worth noting that it is one of the very few drug offenses charged as a misdemeanor if the amount in question is small (under 20 grams). This does not mean that possession charges should not be taken seriously – but rather, that the state of Florida has prioritized going after those who possess, sell, or traffick in drugs which are more dangerous and have more potential to harm.

Contact A West Palm Beach Drug Possession Attorney

While some lawmakers believe that eventual legalization is only a matter of time, it has not happened yet. If you have been arrested and charged with cannabis-related offenses, a West Palm Beach drug charges attorney from the firm of Perlet & Shiner, P.A. can help protect your rights. Contact our office today to speak to an attorney.

Source:

nbcnews.com/storyline/2016-election-day/nevada-mass-legalize-marijuana-florida-oks-medical-pot-n681006