With growing efforts to legalize Florida recreational weed, residents should understand the potential effects on their lives if or when these endeavors become successful. Since medical marijuana was approved by voters in 2016, multiple organizations have worked hard to get FL marijuana legalized for recreational purposes, including obtaining signatures across the state, lobbying Congress, bringing initiatives to the Florida Supreme Court, and advocating for constitutional amendments for Florida marijuana legalization. It is essential to be aware of this ever-evolving issue due to the pros and cons of legalizing weed on the state’s voters and residents.
The Florida recreational weed proposal, the Adult Personal Use of Marijuana initiative, would allow adults 21 years or older to purchase, possess, and use marijuana products and associated accessories for non-medical consumption, which would include in the forms of smoking, ingestion, or otherwise.
Additionally, the initiative would allow Medical Marijuana Treatment Centers and other entities licensed by the state to cultivate, acquire, manufacture, process, sell, and distribute these products and accessories.
In the wording of the Adult Personal Use of Marijuana amendment to the state constitution, there is also a limit of possession for personal use:
“An individual’s possession of marijuana for personal use shall not exceed 3.0 ounces of marijuana except that not more than five grams of marijuana may be in the form of concentrate.”
Florida recreational weed legalization is intended by its advocates to address criminal justice and legal issues, opportunities for the cannabis industry, and safety and responsibility issues.
If FL marijuana is legalized for recreational purposes, it would be regulated through The Florida Department of Health Office of Medical Marijuana Use (OMMU). Florida recreational weed would be purchased at the MMTCs – the medical marijuana treatment centers.
Who would be able to purchase Florida recreational weed? Adults 21 years or older would be able to purchase, possess, or use marijuana products and marijuana accessories.
If there is interest in getting into the industry and participating in the legal market, individuals and businesses must go through OMMU to obtain their licenses. Currently, licensed medical marijuana treatment centers (MMTCs) are the only businesses in Florida authorized to cultivate, process, and dispense low-THC cannabis and medical marijuana – and these same centers, or others who wish to obtain their state license, will need to apply through OMMU.
In 2016, Florida voters authorized an amendment to the state constitution. Amendment 2 legalized the use of cannabis for medical purposes if you get a valid recommendation from a doctor. The approved medical uses include:
The possession limits of medical marijuana are as follows: 1) 35-day supply of marijuana in a form for smoking up to 2.5 ounces -unless you have an exception to exceed the limit approved by the OMMU. (2) 70-day supply of marijuana within any 70-day period. This is for a qualified patient or a caregiver.
Medical marijuana can only be bought legally from a licensed MMTC.
MMTCs are currently not allowed to sell marijuana products and accessories for recreational purposes.
Is Recreational Weed Legal in Florida Right Now?
In the recent November 2024 election, Amendment 3 (Adult Personal Use of Marijuana) was on the ballot for Florida voters. While the ballot measure obtained approval by a majority of voters at 55.9%, it did not meet the supermajority of 60% necessary to pass.
The amendment to legalize Florida recreational weed failed by a narrow margin. It is not legal in the state right now. However, it is likely organizations will continue to advocate for adult personal use of marijuana. Florida residents should keep informed about new amendments and laws as the future of recreational weed use may change in the state – altering our current laws that criminalize the possession, production, and sale of marijuana for non-medical purposes.
Since recreational weed is not legal as of this writing, it is important to understand the consequences if you get caught with marijuana and you do not have a Florida medical marijuana card.
While recreational weed is legal in multiple states across the country, it is still a criminal offense in Florida if you get caught with marijuana.
Here is an overview of the current penalties for possession and use of marijuana in FL:
Possession of more than 50 lbs. of marijuana or marijuana plants is a felony – with increasing penalties of years of incarceration and fines.
The above penalties are declared under state law. However, municipalities and counties across the state have adopted laws for local decriminalization of Florida recreational weed.
Currently, fifteen counties have approved ordinances that decriminalize the possession of 20 grams or less. These include, but are not limited to, Tampa, Sarasota, Palm Beach County, Osceola County, Orlando, Miami-Dade County, and more.
While law enforcement has the legal authority to charge individuals under state law, the local ordinances allow them to issue civil penalties such as citations, minimal fines, and community service (each municipality or city decides its own penalties).
It varies across the state, but it is still common for law enforcement to impose criminal charges when an individual gets caught with 20 grams or less, even when there is an ordinance in place that decriminalizes the possession of that amount of marijuana.
These penalties would change with the legalization of recreational weed across the state. Most likely in the form of the recent amendment on the ballot, with the legalization of 3.0 ounces or less of marijuana or 5.0 grams in the form of concentrate – taking away the penalties for possessing small amounts of marijuana.
Florida’s proposed laws for the legalization of marijuana have both similarities and differences compared to those of other states where recreational weed is legal. Multiple states, such as Colorado, California, Ohio, New Jersey, New York, and Illinois, have laws in place where recreational weed is fully legal.
Colorado, for example, allows adults 21 and older to possess up to two ounces of cannabis, grow up to six plants (three mature), and purchase cannabis from regulated businesses. Their cannabis industry has generated a total of more than $2.6 billion in tax revenue (as of January 2024).
In Illinois, they have a state-funded initiative for expunging minor cannabis offenses. The state also directs 25% of all tax revenue to support communities hurt by violence, economic disinvestment, and the disproportionate impact of the war on drugs.
Certain states, including California, New York, and New Jersey, provide employment protections for cannabis consumers.
The official language of the proposed amendment to the FL constitution:
“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.”
As you can see, Florida’s proposed legislation focuses on the possession, purchase, use, cultivation of, manufacture, sale, and distribution of marijuana. While other states have these actions as their basic components, they also go further with the law regarding what they do with taxes and other personal freedom issues.
The main weed legalization pros arguments for Florida are 1) personal freedom and 2) economic benefit. Many individuals and organizations advocate for adults to be free to consume marijuana products without fear of prosecution, as many people around the country already do. The revenue that is being produced in the legal cannabis industry has provided significant economic benefits to those states as well.
The critical concerns of opponents of marijuana legalization include both public safety and health risks. Opponents argue that the cons for legalizing weed could lead to increases in addiction and abuse, a higher risk to youth, and related health effects such as cognitive and sleep impairment. They are also concerned about the risks of driving under the influence.
All residents and voters in the state should be informed about Florida recreational weed legislation and the current marijuana laws. They can affect personal freedom, finances, and other aspects of people’s lives. These are the main pros and cons of legalizing marijuana in Florida and if need any other info about the law or have legal issues be sure to consult with a marijuana lawyer right away.
Take action now and consult with a legal professional on how the current marijuana laws and potential changes might affect you. The Denson Firm has experienced attorneys who provide legal services to those accused of drug possession and other misdemeanor or felony drug crimes. Contact us for a free initial confidential consultation.
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