NBC6 reporter Sophia Hernandez and Investigator Tony Pipitone discuss the impact of the Florida Supreme Court rulings on Amendments 3 and 4.
On Nov. 5, Florida residents won’t just be voting for president. They will also be deciding whether to legalize recreational marijuana–along with five other amendments.
Here, we break down Amendment 3, its impacts and what Florida currently allows.
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What is it?
Amendment 3 will ask voters whether or not Florida should make it legal for adults at least 21-years-old to use recreational marijuana and possess up to three ounces of it and up to an additional five grams of concentrate.
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It would also allow the state to issue more licenses and further regulate the use of cannabis, according to the Marijuana Policy Project. The Legislature would also still need to provide a framework for regulatory standards, and the time, place, and manner for which marijuana can be used.
The summary you will see on the ballot reads: “Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.”
A “yes” vote supports amending the Florida Constitution to include language that would legalize marijuana for adult use. A “no” vote opposes adding that language.
The new law would take effect six months after approval.
Where do things stand now?
Medical marijuana has been legal in Florida for people with certain conditions who obtain a medical marijuana ID card since 2016, but it is illegal to possess and use recreationally.
However, Florida has "local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses," according to NORML, an organization dedicated to advocating for the legalization of marijuana.
The sale or possession of 20 grams or less of marijuana is a misdemeanor, punishable by a maximum sentence of one year in prison and a maximum fine of $5,000, NORML describes. Any more than that constitutes a felony.
And in February, Miami Beach made smoking marijuana in public a criminal penalty of up to 60 days in jail with a $500 fine.
How many votes are needed for Amendment 3 to pass?
At least 60 percent of voters must vote yes for Amendment 3 to pass.
Impacts
"Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use," according to Ballotpedia, but Amendment 3 could pave the way for others to cultivate and sell marijuana products.
It also opens the door to questions about expungement (removing marijuana offenses from criminal records) and growing the plant at home.
