When is Florida’s recreational marijuana amendment possibly on the ballot? What to know

Samantha Neely and Brandon Girod, Fort Myers News-Press
Updated ·7 min read

Editor's note: The story was modified from an earlier version to clarify that the proposed amendment has not yet made it onto the 2024 ballot. A section that included language from a rejected ballot measure was also removed.

Over the past decade, more than 20 states have legalized recreational marijuana. Is Florida next to join that list?

Voters in Florida might get to decide as soon as next year with the measure landing on the 2024 general election ballot.

The proposed amendment seeks to authorize the use of recreational marijuana for people 21 and older while also allowing individuals to possess up to 3 ounces of marijuana. It is sponsored by Smart & Safe Florida, which is backed by the state’s largest medical marijuana producer, Trulieve.

However, the amendment was challenged in the Florida Supreme Court in November 2023 after Florida Attorney General Ashley Moody called into question the amendment's language and potential to violate a requirement that ballot initiatives must stick to a single subject.

Here’s what Florida voters need to know ahead of time before possibly making any decision on a legalized marijuana amendment in 2024.

Everything on Florida's weed laws: Is weed legal in Florida? Here's what to know about marijuana laws in the Sunshine State

What is marijuana?

Marijuana. Weed. Maryjane, ganja and pot — Oh my! It goes by many names but before discussing what Florida wants to do with it, what is it exactly?

Marijuana is a greenish-gray mixture of the dried flowers of Cannabis sativa, according to the National Institute of Drug Use.

The main psychoactive chemical in marijuana, responsible for most of the intoxicating effects that people seek, is delta-9-tetrahydrocannabinol, or THC. The chemical is found in resin produced by the leaves and buds primarily of the female cannabis plant. The plant also contains more than 500 other chemicals, including more than 100 compounds that are chemically related to THC, called cannabinoids.

When is recreational marijuana on the Florida ballot?

Florida residents will see recreational marijuana on the ballot in Florida as an initiated constitutional amendment on Nov. 5, 2024.

What does Florida's new recreational marijuana ballot measure legalize?

The ballot seeks to legalize marijuana for adults age 21 or older for personal use, to possess, use, process and transport marijuana, marijuana products and accessories. Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use.

The amendment would not affect or repeal Florida Statutes 112.0455 2020, known as the Drug-Free Workplace Act. It also would not give immunity to federal laws.

It's important to note that the legalization of recreational marijuana would not include any required accommodations for any on-site use of marijuana in correctional institutes, detention facilities, places of education, employment or smoking marijuana in public places.

It will still be unlawful to operate any vehicle, aircraft, train or boat while under the influence of marijuana.

The petition can be read in full here, which fully outlines the proposed constitutional amendments.

Is recreational marijuana federally legal?

No, recreational marijuana is still illegal at the federal level. According to U.S. News, marijuana is classified at the federal level as a Schedule I drug under the Controlled Substances Act, meaning that the government believes it to have no medical use and a high potential for abuse. Cultivating, distributing and possessing marijuana violates federal drug laws.

However, the recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C. so far.

On Oct. 6, President Biden announced he was pardoning people with federal convictions for simple possession of marijuana, USA TODAY reported. The president's pardon also blocks future federal prosecutions for simple possession.

Is marijuana legal at all in Florida?

Marijuana is only legal in Florida once a person has obtained a Medical Marijuana Use Authorization, as outlined in Chapter 381 in Florida Statutes. This law also includes regulations for a user registry, caregiver possession, and treatment centers for purchasing consumable marijuana.

Medical marijuana was adopted by Florida voters back in 2016 by a vote of 71% to 29%.

What are Florida's current marijuana laws?

While medical marijuana is legal in Florida, there are still many laws in place that prohibit the possession, selling and transporting of marijuana, marijuana products and accessories.

Florida marijuana possession laws

Possession charges can have a wide range of penalties. Possessing 20 grams or less is a misdemeanor charge that could lead to one year of jail time and a $1,000 maximum fine. Possessing more than 20 grams becomes a felony and could result in up to five years in jail and a $5,000 fine. Incarceration times go all the way up to 30 years and fines can reach as high as $200,00.

Possessing marijuana within 1,000 feet of a school, college, park or other specified areas is a felony with a mandatory three-year jail sentence and fines up to $10,000.

Possession of paraphernalia is a misdemeanor crime punishable by up to a year in jail and up to a $1,000 fine.

Florida marijuana sale laws

Selling 20 grams of marijuana or less without remuneration is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Selling more than 20 grams is a felony charge punishable with jail time up to 30 years and $200,000 in fines, depending on the volume and whether the sale occurred within 1,000 feet of a school, park, college or other specified area.

DUI after smoking or eating marijuana

All states criminalize driving under the influence of controlled substances. Laws regarding driving while impaired range depending on jurisdictions.

Can you go into a dispensary without a medical marijuana card?

No, you can’t walk into a medical marijuana dispensary in Florida without a card. There are a few exceptions, such as:

  • Patients already registered in the state’s Office of Medical Marijuana Use (OMMU) registry who don’t have their medical marijuana card on their person can use their driver’s license instead.

  • Designated caregivers of qualified patients can get authorization to get a separate state caregiver ID card through a certification process. Starting on June 12, non-close relatives applying for a caregiver ID must complete a level 2 background screening through a Livescan Service Provider.

Can tourists with a medical marijuana card stop in and grab something?

No. According to the Florida Department of Health, Florida does not offer reciprocity when it comes to medical marijuana cards.

However, seasonal Florida residents can qualify for a state medical marijuana card. They must show proof of residence and live in the state at least 31 consecutive days each year.

How can you get a medical marijuana card?

Getting a medical marijuana card in Florida is a three-step process involving a diagnosis from a qualified physician for certain medical conditions, registering in Florida’s Medical Marijuana Use Registry and applying for a registry ID.

Step 1

Anyone interested in getting a medical marijuana card should look and see if they have one of the qualifying medical conditions:

  • Cancer

  • Epilepsy

  • Glaucoma

  • HIV/AIDS

  • Post-traumatic stress disorder (PTSD)

  • Amyotrophic lateral sclerosis (ALS)

  • Crohn’s disease

  • Parkinson’s disease

  • Multiple sclerosis (MS)

  • Medical conditions of the same kind or class as or comparable to the others listed.

  • A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.

  • Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.

The OMMU provides a tool where users can then search for a nearby qualified physician who can provide a diagnosis and recommendation.

Step 2

Once qualified, the patient’s physician will enter them into the registry. The patient must provide the physician with their email to receive a username and temporary password.

Step 3

Patients must then complete an electronic or paper application to receive an ID card. Once an application is approved, a physical ID card will be mailed to the patient. However, a physical medical marijuana ID card isn’t needed to shop at dispensaries. Patients can place orders with their driver’s license.

What states are also trying to legalize recreational marijuana in 2024?

Along with Florida, these states might see similar amendments for recreational weed on the ballot next year:

  • Nebraska

  • Ohio

  • South Dakota

Which states already allow recreational marijuana?

The recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C.

  • Colorado

  • Washington

  • Alaska

  • Oregon

  • Washington, D.C.

  • California

  • Maine

  • Massachusetts

  • Nevada

  • Michigan

  • Vermont

  • Guam

  • Illinois

  • Arizona

  • Montana

  • New Jersey

  • New York

  • Virginia

  • New Mexico

  • Connecticut

  • Rhode Island

  • Maryland

  • Missouri

  • Delaware

  • Minnesota

This article originally appeared on Fort Myers News-Press: Florida's stance on recreational weed: Can voters make pot legal in 2024?