What to know about Amendment 3, Florida's marijuana amendment on the 2024 election ballot

CBS News Miami

Florida voters heading to the polls on Election Day have the chance to say "yes" or "no" to Amendment 3, which seeks to legalize marijuana for recreational use and change the state's constitution.

Here's what to know about the ballot measure, which is one of six amendments Florida voters are considering in the 2024 election

What is Amendment 3?

Amendment 3 allows adults who are 21 or older to possess, purchase and use marijuana for personal, nonmedical reasons. It sets limits on how much individuals can legally carry — up to 85 grams of marijuana or 5 grams of marijuana concentrate.

It would also allow existing medical marijuana dispensaries to sell marijuana to recreational users. State-licensed businesses could be authorized to cultivate, process and distribute the product.  

A "yes" vote on the amendment supports recreational marijuana legalization for people who are 21 and older, while a "no" vote favors keeping in place the system that makes marijuana only available for medical use.

Amendment must secure at least 60% of the vote in order to pass. If it does, Florida will join 24 other states in approving recreational marijuana use. Recreational marijuana use, however, would still be illegal on the federal level, which could create legal complexities.

If the measure passes, only medical marijuana treatment centers and other state-licensed facilities would be permitted — initially — to sell recreational marijuana. Eventually, new legislation could allow licensing for other businesses.

Polls on Amendment 3

A CBS News/YouGov survey in May found that 56% of likely voters would vote "yes" on Amendment 3, while 30% would vote "no." Fourteen percent remained undecided.  

More recently, in August, a Florida Atlantic University (FAU) poll also showed that 56% of all voters supported marijuana legalization, with the most support coming from voters between 18 and 49 years old. 

Who supports and opposes Amendment 3?

Amendment 3 supporters argue that legalizing marijuana will curb the black market and ensure that marijuana products that are sold are safe and regulated. They also suggest that decriminalizing marijuana could free up law enforcement resources and reduce nonviolent drug offenses.

Proponents also argue the marijuana industry is "sustainable and growing" and would save taxpayer money by not having to pay to prosecute possession crimes.

Though some Republicans are against the measure, former President Donald Trump, who is a Florida resident, said he will back Amendment 3 on the ballot. 

Opponents, meanwhile, say legalizing marijuana could lead to an increase in unregulated drug use, making roads less safe and negatively impacting youth. Some also believe crime rates could rise due to wider marijuana availability.

Florida's Gov. Ron DeSantis, a Republican, opposes the amendment, as does Republican Sen. Rick Scott, who said he opposes Amendment 3 because of his brother's long history of addiction. He said his brother Roger Scott, who died in April, started smoking marijuana as a teenager and struggled with substance abuse the rest of his life.

Former secretary of the U.S. Department of Health and Human Services, Donna Shalala, wrote in a Miami Herald op-ed in September that the amendment would create a "new addiction-for-profit industry" in Florida. She made parallels with actions made by the tobacco industry.

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