Celebrating 4/20? Here's how Florida laws around cannabis have changed in the last decade

Many are observing 4/20 day this weekend. This was once an unconventional celebration, but now advocates, lawmakers and businesses across the United States use the day to push for the legalization of cannabis for medical and recreational use.

For years Florida has had a complicated relationship with cannabis.

Many changes have come throughout the years, and more are expected. But what could this mean for our state? And how did we get here?

Here’s an in-depth look into the history and potential future of cannabis in Florida.

It has a scent that’s indistinguishable and a look you can’t confuse- cannabis, more commonly known as marijuana, hemp or weed. According to the National Institute of Health, recreational cannabis came about in the US in the 20^th century. In the 70’s, it was classified as a Schedule 1 substance, the same category as heroin.

“I started at an early age before it was legal. I was selling cannabis in small bags and it developed into a way for me to support myself, smoke for free,” said Randy Lanier.

Lanier was a prominent professional race car driver in the 80’s who grew up in Miami. In his memoir, Survival of the Fastest, he recalls his younger years, his early days of smuggling cannabis to pay for his racing career, and his fallout.

At the annual Benzinga Conference, Lanier told NBC6 that in 1987 he won Indianapolis Rookie of the year, and was sentenced to life without parole.

“I got indicted for importation and distribution of cannabis here in the United States,” said Lanier.

He was incarcerated at the age of 33 and charged under the Continuing Criminal Enterprise Statute.

Lanier was released at 60.

The last 10 years of freedom he says he’s seen a lot change, “This plant shouldn't have the stigma that it's had for generations.”

“It's evolving more now because scientists and doctors are coming to an understanding that this plant is a plant that heals.”

Currently in the State of Florida, Weedmaps, a cannabis technology platform that was founded in 2008, reports that as of April there are 28 dispensaries in Broward County and 40 in Miami-Dade.

All of these are licensed and considered medical marijuana treatment centers, or MMTC’s.

Marijuana became legal for medical use for specific patients back in 2014 under the Compassionate Use Act. A year later, Trulieve became the first company in Florida to be licensed to sell medical marijuana in the state.

“There's been incredible progress in the State of Florida as it relates to patient access. And so, when we initially got licensed, we were licensed for a very limited scope. We actually could only service folks who had severe epilepsy or cancer. And then the legislature actually slowly expanded that to where we could also serve terminally ill patients,” said Kim Rivers, CEO of Trulieve.

THE REGULATIONS

After the 2016 passing of Florida’s Medical Marijuana Legalization Initiative, more than 10 conditions are now covered.

But how does the state ensure that these products being sold are safe? And up to code?

In the state any licensed medical marijuana dispensary has to operate fully vertical, meaning they oversee the cultivation, processing, dispensing and delivery of their products.

They are also lab tested by a 3^rd party to make sure it is free of pesticides, heavy metals, and that the labeling of what’s in the product is accurate.

But what about hemp?

According to Britannica, hemp and marijuana both come from the same species, cannabis.

But they are not the same.

In the United States, the term hemp refers to cannabis with 0.3 percent or less of THC whereas marijuana has over 0.3 percent.

According to the University of Florida, in 2014, the United States passed the Farm Bill which allowed state universities and state agencies to conduct pilot programs of hemp production.

But in 2018, Florida passed its own farm bill issuing licenses and regulations to farmers to cultivate their own crop.

According to Patrick Masucci, a hemp entrepreneur, the law “required all products to be lab tested to test under 0.3% total THC. Needed to be batched, needed to have expiration dates, needed to have a QR code that's scanned that would take you to see a lab test of the product to make sure it was safe to consume or the potency was a legal potency on the shelf. And that really cleaned up the industry a little bit."

Masucci operates a hemp dispensary, a retail chain and a retail store. And his businesses are only allowed to sell hemp derived products.

But there have been attempts to impose more regulations in both the hemp and marijuana space, including a bill aimed at lowering the threshold of THC hemp consumption.

CRUCIAL VOTING

But first, there's a a big change that might be coming to the state this year.

Amendment 3 will be on the ballot, potentially legalizing the recreational use of marijuana for those 21 and older.

Governor Ron DeSantis shared his opposition during a press conference in Hialeah Gardens on Wednesday, “Your life will be impacted by this, it will change the quality of life in our communities.”

If passed, it would allow for medical marijuana dispensaries to sell their products to the general public.

It’s a clientele that Masucci can only sell hemp products to.

“I think it would just be more competition for us. I think competition is good. I think it makes all of us improve our game and the quality of the products,” said Masucci.

If Amendment 3 were to pass, would it mean that Florida would become a national hub for purchasing marijuana?

“Once recreational passes, what will happen is now your total available market becomes enormous. We have 20 million residents in Florida and we have 120 million tourists coming into the state of Florida. All those people, the ones that are 21 and older, will be able to access recreational marijuana,” explains Dustin Robinson, better known as Mr. Cannabis Law, who provides legal assistance to the cannabis and psychedelic industries.

“So, basically the demand is going to explode and we're going to go from a situation right now where we have an oversupply and an under demand because we only have, you know, less than 900,000 patients. It's going to flip where we're going to have a higher demand than we do supply.”

He says that currently, medical marijuana centers in operation have to abide by strict restrictions related to who can own a company, the employees you have, the real estate needed to operate and more.

But the flip side is that Florida allows these centers to open an unlimited number of dispensaries.

Because of that, he doesn’t believe those looking to get into the space will be able to obtain a license quickly, and if November’s amendment passes, it will only become more difficult.

“There's no limit to the amount of competition that can come in, because if I have a license and the other guy raised more money than me, he raises $200 million, he could go open up hundreds of facilities, and if I can't raise the capital, I can't do that,” explains Robinson.

It’s a fear that Masucci shares.

While he doesn’t sell marijuana now, if Amendment 3 passes he could potentially look to apply for a license.

But right now, his concern is with bill SB 1698, that would limit the amount of delta 9- THC hemp extract to 5 milligrams per serving, 50 per container.

Masucci explains that hundreds of products wouldn’t even be able to be sold, “What it does is in one fell swoop it makes pretty much all the marketable THC products that our industry has been successfully selling, illegal, and would make us felons if we sold it.”

He’s also concerned about the impact to the state’s hemp economy.

“I think there are over 5,000 hemp businesses in the state of Florida that are fully licensed. And there's an estimated 60,000 jobs related to this industry that effectively are at risk of just going completely away,” fears Masucci.

SB 1698 is currently awaiting to be sent to the governor’s desk, but it has no impact on any marijuana products or medical marijuana centers.

However, Amendment 3 does. If it's approved with at least 60 percent of the vote in November. the Legislature would still need to provide a framework for regulatory standards, and the time, place, and manner for which marijuana can be had.

For those looking to sell marijuana without the proper licensing there are penalties.

In February, Miami Beach made smoking marijuana in public a criminal penalty of up to 60 days in jail with a $500 fine.

In Miami, possession or distribution of 20 grams or less of marijuana could amount to up to one year in jail or a $1,000 fine.

And in Broward County, anyone selling marijuana without a license provided by the Office of Medical Marijuana, faces potentially felony charges.

Those anticipating changes come November say Florida needs to be ready for what could be a new wave of cannabis customers.

“We currently don't even have enough canopy growing in the state of Florida to supply the demand that we're forecasting for recreational. So, there's going to have to be a lot of capital coming into Florida, a lot of build-out, a lot of innovation,” Robinson said.

If Amendment 3 passes, it would be effective May 5^th of 2025.