Presently, non-medical possession and use of marijuana is illegal under state and federal law and violators of that law are subject to criminal prosecution depending upon the amount of marijuana they possess or use.

Proposed Amendment 3 would legalize recreational marijuana for adults 21 years old and older. Individuals would be allowed to possess up to three (3) ounces of marijuana (about 85 grams), with up to five (5) grams in the form of concentrate. Existing medical marijuana treatment centers would be authorized under the initiative to sell marijuana to adults for personal use. The State Legislature could modify state law to permit the licensing of entities other than existing medical marijuana treatment centers to cultivate and sell marijuana products.

The amendment’s financial impact primarily comes from expected sales tax collections. If the amendment passes, sales of non-medical marijuana would be subject to sales tax. Based on other states’ experiences, expected retail sales of non-medical marijuana would generate between $195.6 and $431.3 million annually in state and local sales tax revenues once the retail market is fully operational. If Florida adds an excise tax, like some other states that have legalized recreational marijuana, the amount of new revenue could more than double. A new regulatory structure will be needed, but regulatory costs estimated to be $11.4 million after the first year, will probably be offset by regulatory fee income.

This amendment was placed on the ballot through a citizen’s initiative. Currently, 24 states have legalized recreational marijuana. This amendment would not bar additional legislation from restricting where people can smoke, such as legislation that restricts people from smoking tobacco and vaping on state beaches. Additionally, marijuana is still illegal at the Federal level, meaning it is still not allowed on Federal land or college campuses that receive federal funding.

Supporters, including Smart & Safe Florida, Trulieve, Howard Bellamy and David Bellamy, say that tax revenue from the legal cannabis industry for federal and state governments are projected to reach over $4 billion in 2025, and there is no evidence that legalizing marijuana for medical or recreational use at the state level, as 37 states have already done, has boosted underage consumption from the regulated marketplace.

Opponents, including Floridians Against Recreational Marijuana, Drug Free America, the Florida Chamber of Commerce, Florida Attorney General, Ashley Moody, and the Florida Republican Party, say the proposed amendment is misleading and marijuana is illegal under federal law and will remain illegal even if proposed Amendment 3 passes.  Additionally, some fear usage may lead to use of more serious addictive illegal drugs.

A Yes Vote Would…: Legalize recreational marijuana use in Florida by adults 21 years old and older, allowing individuals to possess up to three ounces of marijuana and authorizing existing Medical Marijuana Treatment Centers to acquire, cultivate, process, manufacture, sell, and distribute marijuana products and accessories. Allow the Florida Legislature to enact additional legislation restricting where people can smoke and to license other entities to acquire, cultivate, process, manufacture, sell, and distribute marijuana products and accessories.

A No Vote Would…: Not legalize marijuana for adult recreational use in Florida and maintain the current regulations for medical use.