Florida to Vote on Recreational Marijuana in November, State Supreme Court Rules

Marijuana plants grow at the Green Pearl Organics marijuana dispensary in Desert Hot Springs, Calif., on Jan. 1, 2018. Robyn Beck/AFP via Getty Images

A constitutional amendment to legalize recreational, or “adult use,” marijuana in Florida will appear on the November ballot, the state Supreme Court ruled on April 1.

Florida’s Amendment 3, titled “Adult Personal Use of Marijuana,” would allow 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,” and enshrine this access in the state constitution.

The ballot initiative is sponsored by “Smart & Safe Florida” but largely bankrolled by Trulieve Cannabis Corp., the largest “medical marijuana treatment center,” or dispensary, in the state of Florida and one of the largest in the country with stores in multiple states, including Arizona, Pennsylvania, Maryland, and West Virginia. Trulieve contributed more than $40 million to the initiative.

“We are thankful that the Court has correctly ruled the ballot initiative and summary language meets the standards for single subject and clarity. We look forward to supporting this campaign as it heads to the ballot this Fall,” Trulieve CEO Kim Rivers said in a statement.

“Trulieve was the primary financial supporter of the initiative during the signature gathering effort and subsequent court challenge and is a proud supporter, alongside a strong coalition of other companies, of the next important phase to educate Floridians on the amendment and secure a ‘Yes’ vote on Amendment 3 this November,” she added.

A previous initiative aimed at legalizing recreational marijuana in Florida was rejected by the state’s high court in 2021.

While Florida’s Supreme Court has approved the 2024 initiative for ballot access, state law demands that all proposed amendments must receive at least 60 percent of the vote to be enshrined in the state constitution. When the Sunshine State passed a constitutional amendment legalizing medical marijuana in 2016, it received 71.32 percent of the vote.

At least 67 percent of Floridians polled in November 2023 said they would vote for the initiative, with 28 percent saying they would not and another 5 percent saying they “don’t know” or “refuse,” according to a recent poll from the University of North Florida.

However, a poll released by the Florida Chamber of Commerce on Jan. 12 painted a different picture. Roughly 57 percent of Florida voters polled said they would support the recreational marijuana initiative, just short of the 60 percent required to pass.

Not a Surprise

The state Supreme Court’s approval of the ballot initiative was not a surprise to many Floridians, especially after several justices appeared skeptical of arguments from lawyers representing Florida Attorney General Ashley Moody during a court hearing on Nov. 8, 2023. Ms. Moody filed briefs to have the initiative rejected by the court.

Ms. Moody responded to the ruling in a April 1 post on X, the platform formerly known as Twitter.

“That decision outlines the difficulties and divisiveness of allowing vague and misleading initiatives on the ballot. We have argued from the beginning that these two new constitutional initiatives will mislead voters. We maintain that it will be an uphill battle to educate them. However, we respect the court’s decisions,” she said, addressing both the recreational marijuana and abortion access initiatives that the Florida Supreme Court approved for the 2024 ballot on April 1.

Gov. Ron DeSantis also predicted the high court’s approval of the initiative back on Jan. 19 during his final campaign event in New Hampshire before dropping out of the presidential race.

“I think the court is going to approve that,” he told cannabis lobbyist Don Murphy, who asked the governor about the initiative at the campaign event.

If at least 60 percent of voters approve the proposed constitutional amendment, Florida will join 24 other states and the District of Columbia, which have legalized possession and “adult personal use” of marijuana, or recreational marijuana, as of November 2023.

Ohio, one of the most recent states to legalize recreational marijuana, also did so with a ballot initiative. However, it passed with 57.19 percent of the vote, as ballot initiatives in Ohio only need a simple majority.

Florida’s Supreme Court on April 1 also approved a ballot initiative that would enshrine abortion access in the state constitution if passed. Political analysts expect higher-than-average voter turnout in the Sunshine State due to both amendments appearing on the same ballot, particularly among left-leaning voters who might be more supportive of abortion access and recreational marijuana.

However, a March 26 poll from the Pew Research Center found 57 percent of Republicans aged 18 to 29 and 52 percent of Republicans aged 30 to 49 support legalizing marijuana for recreational and medical use. Forty-two percent of Republicans across all age groups support broad marijuana legalization.

The poll found that 72 percent of Democrats across all age groups feel the same way.