Florida Amendment 3, Marijuana Legalization Initiative (2024)

Florida Amendment 3
Election date November 5, 2024
Topic Marijuana
Status On the ballot
Type Constitutional amendment	Origin Citizens

Florida Amendment 3, the Marijuana Legalization Initiative, is on the ballot in Florida as an initiated constitutional amendment on November 5, 2024.

A "yes" vote supports legalizing marijuana for adults 21 years old and older and allowing individuals to possess up to three ounces of marijuana.

A "no" vote opposes legalizing marijuana for adult use in Florida.

Overview

What would the initiative do?

See also: Text of measure

The initiative would legalize recreational marijuana for adults 21 years old and older. Individuals would be allowed to possess up to three ounces of marijuana (about 85 grams), with up to five grams in the form of concentrate. Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use. The Florida State Legislature could provide by state law for the licensure of entities other than existing Medical Marijuana Treatment Centers to cultivate and sell marijuana products.^[1]

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

Who is supporting and opposing this initiative?

See also: Support and Opposition

Smart and Safe Florida is sponsoring the initiative. The campaign reported $54.93 million in contributions. Trulieve, a marijuana dispensary company that owns medical marijuana dispensaries in Florida, was the main contributor.^[2] Smart & Safe Florida said, "The industry is sustainable and growing. In 2020, when the state lost more than 400,000 jobs, Florida’s cannabis industry added 15,000 employees. ... Tax revenues from the legal cannabis industry for federal and state governments are projected to reach $4.06 billion in 2025, according to New Frontier data. ... There is no evidence that legalizing marijuana for medical or recreational use at the state level, as 37 states already have done, has boosted underage consumption from the regulated marketplace. The continued black market sale of marijuana perpetuates a culture of criminality. ... If adult-use cannabis is legalized, Florida users will have accountability, transparency, and regulations in place to ensure products are not laced with or contain potentially deadly chemicals."^[3]

Floridians Against Recreational Marijuana registered to oppose the initiative and reported $3,800 in contributions. Opponents of the initiative include Drug Free America, the Florida Chamber of Commerce, and Florida Attorney General Ashley B. Moody (R). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the constitutionality of proposed initiatives. Moody filed briefs with the state supreme court in which she argued that the measure should be blocked from appearing on the ballot because the ballot summary is misleading because it fails to accurately inform voters that marijuana would be illegal under federal law. She also alleged that the ballot summary would allow[] Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute marijuana, though "the amendment itself 'allows' no such thing—it merely declines to disturb the legislature’s preexisting authority to license additional such entities."^[4]

What is the status of recreational marijuana in the United States?

See also: Background

As of November 8, 2023, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.^[5][6][7][8]

• In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

Florida is one of ten states that has an initiative process and that has not yet legalized marijuana. The other states are Arkansas, Idaho, Oklahoma, Utah, Wyoming, Mississippi, Nebraska, North Dakota, and South Dakota. Oklahoma voters rejected an initiative to legalize marijuana on March 7, 2023. Initiatives were rejected by voters in Arkansas, North Dakota, and South Dakota in 2022.

By what margin have marijuana legalization ballot measures been approved in the past?

See also: Vote margins for recreational marijuana legalization ballot measures and Marijuana on the ballot in Florida

In Florida, constitutional amendments require a 60% supermajority vote of approval to pass. This requirement was added to the state constitution through voter approval of Amendment 3 in 2006. Since then, nine constitutional amendments (including Amendment 2 of 2014, designed to legalize medical marijuana) received a majority of votes in favor, but failed to reach the 60% threshold and were therefore defeated.

In 15 states and Washington, D.C., voters approved ballot measures to legalize recreational marijuana for adult use. In 13 states and D.C., the ballot initiative process was used to legalize marijuana. In two states (New Jersey and Maryland), the legislature referred a measure to the ballot for voter approval.

The average yes vote was 57.86% and the average no vote was 42.21% with an average margin of victory of 15.65%. Of the 15 marijuana legalization ballot measures, four received a vote of approval of 60% or higher. The measure with the highest margin of victory was Washington, D.C.'s 2014 initiative, which was approved by a vote of 70.06% to 29.94% for a margin of victory of 40.12%. The measure with the lowest margin of victory was Maine's 2016 initiative, which was approved by a vote of 50.26% to 49.74% for a margin of victory of 0.52%.

Commentary regarding the initiative's potential impact on 2024 elections

See also: Presidential election in Florida, 2024

The following quotes showcase the opinions and predictions of the initiative's potential impact on the election.

• Florida Democratic Party Chairwoman Nikki Fried said, "Having the ballot measures fundamentally shifts the demographics of who is targeted for turnout and who turns out. This is going to be the tactic. We’re going to run on these issues that voters care about."^[9]

• Brett Doster, president of Front Line Strategies Inc. and a conservative consultant, said, "If they start pumping massive money in [Florida] because head-to-head [the presidential election] looks close, I could see the constitutional amendments mattering. But [Democrats are] in really, really deep water right now."^[9]

• Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics, said, "The Presidential race is what’s driving turnout. Besides, you’re going to have some Republican voters voting ‘yes’ on these things, and some Democratic voters voting ‘no.’"^[9]

Text of measure

Ballot title

The ballot title is as follows:^[1]

“

Adult Personal Use of Marijuana[10]

”

Ballot summary

The proposed ballot summary is as follows:^[1]

“

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.[10]

”

Constitutional changes

See also: Article X, Florida Constitution

The initiative would amend Article X, Section 29 of the Florida Constitution. The following underlined text would be added and struck-through text would be deleted.

Note: Use your mouse to scroll over the below text to see the full text.

SECTION 29. Medical mMarijuana production, possession and use. — (a) PUBLIC POLICY. (1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law. (2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical condition in compliance with this section. (3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or its agents or employees, and in compliance with this section and Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law. (4) The non-medical personal use of marijuana products and marijuana accessories by an adult, as defined below, in compliance with this section is not subject to any criminal or civil liability or sanctions under Florida Law. (5) Medical Marijuana Treatment Centers, and other entities licensed as provided below, are allowed to acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use upon the Effective Date provided below. A Medical Marijuana Treatment Center, or other state licensed entity, including its agents and employees, acting in accordance with this section as it relates to acquiring, cultivating, processing, manufacturing, selling, and distributing marijuana products and marijuana accessories to adults for personal use shall not be subject to criminal or civil liability or sanctions under Florida law (b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings: (1) “Debilitating Medical Condition” means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post‐traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. (2) “Department” means the Department of Health or its successor agency. (3) “Identification card” means a document issued by the Department that identifies a qualifying patient or a caregiver. (4) “Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition, “Low‐THC cannabis” as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be included in the meaning of the term “marijuana.” (5) “Medical Marijuana Treatment Center” (MMTC) means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department. (6) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition. (7) “Caregiver” means a person who is at least twenty‐one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time. Caregivers are prohibited from consuming marijuana obtained for medical use by the qualifying patient. (8) “Physician” means a person who is licensed to practice medicine in Florida. (9) “Physician certification” means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the medical use of marijuana would likely outweigh the potential health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing. (10) “Qualifying patient” means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards. (11) “Marijuana accessories” means any equipment, product, or material of any kind that are used for inhaling, ingesting, topically applying, or otherwise introducing marijuana products into the human body for personal use. (12) “Marijuana products” means marijuana or goods containing marijuana. (13) “Personal use” means the possession, purchase, or use of marijuana products or marijuana accessories by an adult 21 years of age or older for non-medical personal consumption by smoking, ingestion, or otherwise. An adult need not be a qualifying patient in order to purchase marijuana products or marijuana accessories for personal use from a Medical Marijuana Treatment Center. 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. (c) LIMITATIONS. (1) Nothing in this section allows for a violation of any law other than for conduct in compliance with the provisions of this section. (2) Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana. (2) Nothing in this amendment prohibits the Legislature from enacting laws that are consistent with this amendment. (3) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient. (4) Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under the influence of marijuana. (5) Nothing in this section changes federal law or requires the violation of federal law or purports to give immunity under federal law. (6) Nothing in this section shall require any accommodation of any on‐site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place. (7) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana. (8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees. (d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion. (1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section: a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department must receive written consent from the minor’s parent or legal guardian, in addition to the physician certification. b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for the issuance and annual renewal of caregiver identification cards. c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety. d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient’s appropriate medical use. (2) Identification cards and registrations. The Department shall begin issuing qualifying patient and caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective date of this section. (3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering MMTCs within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department’s constitutional duties. (4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes. (e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this section. The legislature may provide for the licensure of entities that are not Medical Marijuana Treatment Centers to acquire, cultivate, possess, process, transfer, transport, sell, and distribute marijuana products and marijuana accessories for personal use by adults. (f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by a court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible. (g) EFFECTIVE DATE. This amendment shall become effective six (6) months after approval by the voters.[10]

Fiscal impact statement

The fiscal impact statement provided by the Florida Financial Impact Estimating Conference provided the following summary for the initiative:^[11]

“

The amendment’s financial impact primarily comes from expected sales tax collections. If legal today, sales of non-medical marijuana would be subject to sales tax and would remain so if voters approve this amendment. Based on other states’ experiences, expected retail sales of non-medical marijuana would generate at least $195.6 million annually in state and local sales tax revenues once the retail market is fully operational, although the timing of this occurring is unclear. Under current law, the existing statutory framework for medical marijuana is repealed six months after the effective date of this amendment which affects how this amendment will be implemented. A new regulatory structure for both medical and nonmedical use of marijuana will be needed. Its design cannot be fully known until the legislature acts; however, regulatory costs will probably be offset by regulatory fees. Other potential costs and savings cannot be predicted.[10]

”

The full analysis can be found here.

Support

Smart & Safe Florida is leading the campaign in support of the initiative.

Supporters

Corporations

• Trulieve

Individuals

• Howard Bellamy - Musical artist
• David Bellamy (Nonpartisan) - Musical artist
• John Morgan - Florida lawyer

Arguments

Opposition

Opponents

Officials

• Florida Gov. Ron DeSantis (R)
• Florida Attorney General Ashley B. Moody (R)

Political Parties

• Republican Party of Florida

Corporations

• My Florida Green

Organizations

• Drug Free America Foundation
• Florida Chamber of Commerce

Arguments

Campaign finance

See also: Campaign finance requirements for Florida ballot measures

Smart & Safe Florida is sponsoring the initiative. The campaign reported $60.16 million in contributions. Trulieve, a marijuana dispensary company, provided $54.28 million to the committee. Trulieve owns medical marijuana dispensaries in Florida.^[2]

Floridians Against Recreational Marijuana registered to oppose the initiative. The campaign reported $3,800 in contributions. Florida Freedom Fund, created by Florida Governor Ron DeSantis (R), registered to oppose the initiative as well as Amendment 4, the abortion rights initiative. The campaign did not yet report contributions or expenditures.<refname=finance/>

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$60,151,694.91	$6,458.85	$60,158,153.76	$46,563,624.04	$46,570,082.89
Oppose	$3,800.00	$0.00	$3,800.00	$115.50	$115.50

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.^[2]

Committees in support of Amendment 3
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Smart & Safe Florida	$60,151,694.91	$6,458.85	$60,158,153.76	$46,563,624.04	$46,570,082.89
Total	$60,151,694.91	$6,458.85	$60,158,153.76	$46,563,624.04	$46,570,082.89

Donors

Following are the top donors to the support committee:^[2]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Trulieve	$54,275,000.00	$0.00	$54,275,000.00
Verano Holdings	$2,250,000.00	$0.00	$2,250,000.00
Curaleaf	$2,000,000.00	$0.00	$2,000,000.00
Green Thumb Industries	$500,000.00	$0.00	$500,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the initiative.^[2]

Committees in opposition to Amendment 3
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Floridians Against Recreational Marijuana	$3,800.00	$0.00	$3,800.00	$115.50	$115.50
Florida Freedom Fund	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$3,800.00	$0.00	$3,800.00	$115.50	$115.50

Donors

All three donors to the opposition committee are as follows:^[2]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
American Potential	$3,500.00	$0.00	$3,500.00
Coalition for Medical Cannabis	$250.00	$0.00	$250.00
Noreen A. Fenner	$50.00	$0.00	$50.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Florida Marijuana Legalization Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Fox News	6/1/2024-6/4/2024	1075 RV	± 3%	66%	32%	2%
	Question: "As you may know, some state constitutional amendments will be on the Florida ballot this fall. If the election were today, how would you vote on Amendment 3, which would legalize marijuana for adults ages 21 and older?"

USA Today/Ipsos	4/5/2024-4/7/2024	1014 RV	± 4.1%	49%	36%	14%
	Question: "If there is a ballot measure in Florida to decide recreational cannabis legalization, would you vote for or against making possession and sale of cannabis/marijuana legal?"

University of North Florida	11/6/2023-11/26/2023	716 RV	± 4.37%	67%	28%	5%
	Question: "Another amendment has been proposed to the Florida Constitution, allowing adults 21 years or older to possess, purchase, or use marijuana for non-medical personal consumption. It would also allow state-licensed entities to cultivate and sell such products and accessories. This would apply only to Florida law and does not change, or immunize violations of federal law. It establishes possession limits for personal use, and allows for consistent legislation. If the measure appears on the Florida ballot in 2024, will you vote yes or no on this amendment?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Recreational marijuana in the U.S.

See also: Marijuana laws and ballot measures in the United States

As of May 31, 2024, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.^{[5][12][13][14]}

• In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

The following table provides information about when and how recreational marijuana became legal.

Timeline and process of recreational marijuana legalization
State	Year legalized	Process used	Votes on ballot measures
			For	Against
Colorado	2012	Initiative	55.32%	44.68%
Washington	2012	Initiative	55.70%	44.30%
Alaska	2014	Initiative	53.23%	46.77%
Oregon	2014	Initiative	56.11%	43.89%
Washington, D.C.	2014	Initiative	70.06%	29.94%
California	2016	Initiative	57.13%	42.87%
Maine	2016	Initiative	50.26%	49.74%
Massachusetts	2016	Initiative	53.66%	46.34%
Nevada	2016	Initiative	54.47%	45.53%
Michigan	2018	Initiative	55.89%	44.11%
Vermont	2018	Legislation	N/A	N/A
Illinois	2019	Legislation	N/A	N/A
Arizona	2020	Initiative	60.03%	39.97%
Montana	2020	Initiative	56.90%	43.10%
New Jersey	2020	Referral	67.08%	32.92%
New York	2021	Legislation	N/A	N/A
Virginia	2021	Legislation	N/A	N/A
New Mexico	2021	Legislation	N/A	N/A
Connecticut	2021	Legislation	N/A	N/A
Rhode Island	2022	Legislation	N/A	N/A
Maryland	2022	Referral	67.20%	32.80%
Missouri	2022	Initiative	53.10%	46.90%
Delaware	2023	Legislation	N/A	N/A
Minnesota	2023	Legislation	N/A	N/A
Ohio	2023	Initiative	57.19%	42.81%

Marijuana on the ballot in Florida

In Florida, constitutional amendments require a 60% supermajority vote of approval to pass. This requirement was added to the state constitution through voter approval of Amendment 3 in 2006. Since then, nine constitutional amendments (including Amendment 2 of 2014, designed to legalize medical marijuana) received a majority of votes in favor, but failed to reach the 60% threshold and were therefore defeated.

Due to the 60% supermajority requirement for approval, Amendment 2 of 2014 was defeated with 57.62% of voters in favor and 42.38% opposed. A medical marijuana initiative, also known as Amendment 2, was approved in 2016 by a vote of 71.32% in favor and 28.68% opposed.

Initiatives to legalize recreational marijuana were circulated in Florida targeting the 2016, 2018, 2020, and 2022 ballots, but none of the initiatives qualified for the ballot.

Vote margins for recreational marijuana legalization ballot measures

In 15 states and Washington, D.C., voters approved ballot measures to legalize recreational marijuana for adult use. In 12 states and D.C., the ballot initiative process was used to legalize marijuana. In two states (New Jersey and Maryland), the legislature referred a measure to the ballot for voter approval.

In Florida, constitutional amendments require a 60% supermajority vote of approval to pass.

The average yes vote was 57.82% and the average no vote was 42.25% with an average margin of victory of 15.57%. Of the 15 marijuana legalization ballot measures, four received a vote of approval of 60% or higher. The measure with the highest margin of victory was Washington, D.C.'s 2014 initiative, which was approved by a vote of 70.06% to 29.94% for a margin of victory of 40.12%. The measure with the lowest margin of victory was Maine's 2016 initiative, which was approved by a vote of 50.26% to 49.74% for a margin of victory of 0.52%.

State	Year	Measure	Yes	No	Origin	Type
Colorado	2012	Initiative 64	55.32%	45.68%	Initiative	Recreational
Washington	2012	Initiative 502	55.70%	44.30%	Initiative	Recreational
Washington, D.C.	2014	Initiative 71	70.06%	29.94%	Initiative	Recreational
Alaska	2014	Ballot Measure 2	53.23%	46.77%	Initiative	Recreational
California	2016	Proposition 64	57.13%	42.87%	Initiative	Recreational
Massachusetts	2016	Question 4	53.66%	46.34%	Initiative	Recreational
Maine	2016	Question 1	50.26%	49.74%	Initiative	Recreational
Nevada	2016	Question 2	54.47%	45.53%	Initiative	Recreational
Michigan	2018	Proposal 1	55.89%	44.11%	Initiative	Recreational
Arizona	2020	Proposition 207	60.03%	39.97%	Initiative	Recreational
Montana	2020	CI-118	57.84%	42.16%	Initiative	Recreational
Montana	2020	I-190	56.90%	43.10%	Initiative	Recreational
New Jersey	2020	Public Question 1	67.08%	32.92%	Referral	Recreational
Maryland	2022	Question 4	67.20%	32.80%	Referral	Recreational
Missouri	2022	Amendment 3	53.10%	46.90%	Initiative	Recreational
Ohio	2023	Issue 2	57.19%	42.81%	Initiative	Recreational

Comparison of ballot measures to legalize recreational marijuana

The following table compares a selection of ballot measure provisions, such as possession limits, local control, taxes, and revenue dedications.

Click "Show" to expand the table.

Comparison of marijuana ballot measure provisions, 2012-2023
Measure	Possession limits	Homegrown plants	Local control	State taxes	Revenue
Marijuana legalization ballot measures that were approved, 2012-2023
Ohio Issue 2 (2023)	• 2.5 ounces of marijuana and up to 15 grams of marijuana concentrates	• Six marijuana plants per individual or 12 plants per household	• A municipality cannot limit research on marijuana, levy a tax or fee on marijuana businesses, prohibit home growing of marijuana, or limit anything authorized by the initiative. A municipality can adopt an ordinance or resolution by a majority vote to prohibit or limit the number of cannabis operators in the territory. If such an ordinance or resolution is adopted, a dispensary needs to cease operations within 60 days. A dispensary can file a petition with the board of elections within the 60-day timeframe to request a public vote on whether or not the dispensary should remain open.	• 10% sales tax	• 36% to the cannabis social equity and jobs fund to fund the implementation of the program; 36% to the host community cannabis fund to provide funds to jurisdictions with adult-use dispensaries based on the percentage of adult-use tax attributable to each municipality or township; 25% to the substance abuse and addiction fund to fund the department of mental health and addiction services in alleviating substance and opiate abuse and supporting related research; and 3% to the division of cannabis control and tax commissioner fund to fund operations of the division of cannabis control.
Maryland Question 4 (2022)	• Not specified	• Not specified	• Not specified	• Not specified	• Not specified
Missouri Amendment 3 (2022)	• 3 ounces of marijuana	• Grow up to six flowering plants, six nonflowering plants, and six clones, if the person is registered to cultivate marijuana plants	• Local government may prohibit operation of all marijuana facilities located within its jurisdiction • Local government may enact ordinances governing time, place, and manner of operations of marijuana facilities, as well as the public smoking and consumption of marijuana products	• 6% tax on retail price of recreational marijuana • Governing body of any local government may impose an additional sales tax to retail sales of marijuana that cannot exceed 3%	• Veterans, Health, and Community Reinvestment Fund
Arizona Proposition 207 (2020)	• 1 ounce of marijuana • 5 grams (0.18 ounces) of marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	• 16% excise sales tax	• community college districts • police and fire departments and fire districts • highways • new criminal justice fund (restorative programs, mentoring, and behavioral health)
Montana I-190 (2020)	• 1 ounce of marijuana	• Individuals could grow up to four marijuana plants and four seedling in a private residence in a locked space	• A local government is not allowed to completely ban marijuana cultivators, testing facilities, wholesalers, or retail stores from operating in its limits; cannot prohibit the transportation of marijuana on public roads in its jurisdiction by those who are licensed to do so; allowed to pass ordinances to regulate an adult-use provider or adult-use marijuana-infused products that operate in its jurisdiction	• 20% sales tax	• After the tax revenue is used by the Department of Revenue to cover costs associated with implementing the initiative, 10.5% of the remaining revenue would be appropriated to the state's general fund, and the remainder would be appropriated to conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold
New Jersey Amendment (2020)	• Not specified	• Not specified	• Not specified	• Subject to state sales tax • Prohibits additional state sales taxes on marijuana	• Not specified
Michigan Proposal 1 (2018)	• 2.5 ounces of marijuana • 0.5 ounces of marijuana concentrate	•Grow up to 12 marijuana plants	•Municipalities allowed to ban or limit marijuana establishments within their boundaries	•10% excise sales tax	•local governments •K-12 education •road and bridge maintenance
California Proposition 64 (2016)	• 1 ounce of marijuana • 0.3 ounces of marijuana concentrate	•Grow up to 6 marijuana plants	•Municipalities allowed to ban or limit marijuana establishments within their boundaries	•15% excise sales tax •$9.25/ounce cultivation tax for flowers •$2.75/ounce cultivation tax for leaves	•youth drug education, prevention, and treatment •prevent and fix environmental damage from illegal marijuana producers •marijuana DUI prevention and negative health effects programs
Nevada Question 2 (2016)	• 1 ounce of marijuana • 0.125 ounces of marijuana concentrate	•Grow up to 6 marijuana plants	•Permits local ballot measures pertaining to zoning and land use for marijuana establishments	•15% excise sales	•K-12 education
Maine Question 1 (2016)	• 2.5 ounces of marijuana and/or marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	• 10% excise sales tax •The legislature added a $20.94/ounce cultivation tax on flowers and mature plants; $5.88/ounce cultivation tax on marijuana trim; $1.50 tax per immature plant; $0.30 tax per immature plant	•General Fund (legislature added public health programs and law enforcement programs)
Massachusetts Question 4 (2016)	• 10 ounces of marijuana in one's home • 1 ounce of marijuana in public • 0.2 ounces of marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to limit number of establishments and restrict the time, place, and manner of their operation • Permits local ballot measures to ban or limit marijuana establishments within their boundaries	• 3.75% excise sales tax (legislature increased to 10.75%)	• General Fund
Alaska Measure 2 (2014)	• 1 ounce of marijuana	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	• $50/ounce cultivation tax	• General Fund
Oregon Measure 91 (2014)	• 8 ounces of marijuana in one's home • 1 ounce of marijuana in public • 1 ounce of marijuana concentrate	• Grow up to 4 marijuana plants	• Permits local ballot measures to ban or limit marijuana establishments	• 17% excise sales tax (legislature added the excise sales tax) • $35/ounce producer tax for flowers • $10/ounce producer tax for leaves	• K-12 education • drug prevention and treatment • state police • local law enforcement
Colorado Amendment 64 (2012)	• 1 ounce of marijuana • 1 ounce of marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	•Required the state legislature to enact taxes •In 2013, the legislature's Proposition AA enacted a 15% excise tax on unprocessed retail marijuana and 10% (increased to 15% in 2017) sales tax on retail sales	• K-12 public education • Proposition AA added allocations for local governments, healthcare, substance abuse prevention and treatment, and law enforcement
Washington Initiative 502 (2012)	• 1 ounce of marijuana • 0.25 ounce of marijuana concentrate	• Illegal	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	•25% excise sales tax (legislature increased the tax to 37%)	• research • drug prevention, public health education • healthcare • dropout prevention, intervention • General Fund

Political context of recreational marijuana ballot measures

The following table summarizes the political context surrounding recreational marijuana ballot measures, including whether the state's presidential voting history in the preceding three elections was Democratic, mixed, or Republican.

• Among states with Democratic presidential voting histories, eight marijuana legalization ballot measures were approved and one was defeated.
• Among states with Republican presidential voting histories, four marijuana legalization ballot measures were approved and six were defeated.
• Among states with mixed presidential voting histories, three marijuana legalization ballot measures were approved and one was defeated.

Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states. Partisan control of the eight states rejecting marijuana legalization measures was Democratic in one state, mixed in one state, and Republican in six states.

Click "Show" to expand the table.

Political context surrounding recreational marijuana ballot measures since 2010
State	Measure	Year	Status	Presidential voting history[15]	State partisan control at time of vote
California	Proposition 19	2010	d	Democratic (Gore-Kerry-Obama)	Democratic
Colorado	Amendment 64	2012	a	Mixed (Bush-Obama-Obama)	Divided
Washington	Initiative 502	2012	a	Democratic (Kerry-Obama-Obama)	Democratic
Alaska	Measure 2	2014	a	Republican (Bush-McCain-Romney)	Republican
Oregon	Measure 91	2014	a	Democratic (Kerry-Obama-Obama)	Democratic
Ohio	Issue 3	2015	d	Mixed (Bush-Obama-Obama)	Republican
Arizona	Proposition 205	2016	d	Republican (McCain-Romney-Trump)	Republican
California	Proposition 64	2016	a	Democratic (Obama-Obama-Clinton)	Democratic
Maine	Question 1	2016	a	Democratic (Obama-Obama-Clinton)	Divided
Massachusetts	Question 4	2016	a	Democratic (Obama-Obama-Clinton)	Divided
Nevada	Question 2	2016	a	Democratic (Obama-Obama-Clinton)	Republican
North Dakota	Measure 3	2018	d	Republican (McCain-Romney-Trump)	Republican
Michigan	Proposal 1	2018	a	Mixed (Obama-Obama-Trump)	Republican
Arizona	Proposition 207	2020	a	Mixed (Romney-Trump-Biden)	Republican
Montana	Initiative 190	2020	a	Republican (Romney-Trump-Trump)	Divided
New Jersey	Amendment	2020	a	Democratic (Obama-Clinton-Biden)	Democratic
South Dakota	Amendment A	2020	a/ot	Republican (Romney-Trump-Trump)	Republican
Arkansas	Issue 4	2022		Republican (Romney-Trump-Trump)	Republican
Maryland	Question 4	2022		Democratic (Obama-Clinton-Biden)	Divided
Missouri	Amendment 3	2022		Republican (Romney-Trump-Trump)	Republican
North Dakota	Measure 2	2022		Republican (Romney-Trump-Trump)	Republican
South Dakota	Measure 27	2022		Republican (Romney-Trump-Trump)	Republican
Oklahoma	State Question 820	2023		Republican (Romney-Trump-Trump)	Republican
Ohio	Issue 2	2023		Divided (Obama-Trump-Trump)	Republican

Marijuana on the ballot in 2022

In 2022, five states decided on marijuana legalization ballot measures. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota considered citizen-initiated measures to legalize marijuana. In Missouri, the initiative was approved. In Arkansas, North Dakota, and South Dakota, the measures were defeated. In Maryland, the state Legislature voted to put the issue before voters, who approved the measure.

State	Type	Title	Description	Result	Yes Votes	No Votes
AR	CICA	Issue 4	Legalize marijuana in Arkansas		392,938 (44%)	505,128 (56%)
MD	LRCA	Question 4	Legalize marijuana in Maryland	a	1,302,161 (67%)	635,572 (33%)
MO	CICA	Amendment 3	Legalize marijuana in Missouri	a	1,092,432 (53%)	965,020 (47%)
ND	CISS	Statutory Measure 2	Legalize marijuana in North Dakota		107,608 (45%)	131,192 (55%)
SD	CISS	Initiated Measure 27	Legalize marijuana in South Dakota		163,584 (47%)	183,879 (53%)

Path to the ballot

See also: Laws governing the initiative process in Florida

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state's 28 congressional districts. Signatures remain valid until February 1 of an even-numbered year.^[16] Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state's congressional districts (222,898 signatures for 2024 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution."^[17]

The requirements to get an initiative certified for the 2024 ballot:

• Signatures: 891,523 valid signatures
• Deadline: The deadline for signature verification was February 1, 2024. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.

Details about the initiative

• The organization Smart & Safe Florida filed the ballot initiative, which was approved for signature gathering on August 23, 2022.^[1]
• State officials confirmed on June 1, 2023, that the campaign had submitted enough valid signatures to qualify for the ballot and had met the signature distribution requirement in the required 14 of the state's 28 congressional districts.^[18]
• The Division of Elections determined that the initiative qualified for the ballot on June 6, 2023. The initiative was assigned the ballot designation Amendment 3 on January 26, 2024. Sponsors had submitted 1,033,770 valid signatures.^[1]

Supreme Court review

• The measure was qualified for a state supreme court review after collecting 25% of the total required signatures on April 6, 2023.

• On May 15, 2023, Florida Attorney General Ashley Moody (R) petitioned the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially invalid under the United States Constitution." Moody wrote that she believes "the proposed amendment fails to meet the requirements" and that she plans to "present additional argument through briefing at the appropriate time."^[19] In her initial brief, Moody argued that the ballot summary is misleading because it fails to accurately inform voters that marijuana would be illegal under federal law. She also alleged that the ballot summary would allow[] Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute marijuana, though "the amendment itself 'allows' no such thing—it merely declines to disturb the legislature’s preexisting authority to license additional such entities."^[20]

• Oral arguments were set to be heard in the case on November 8, 2023.^[21]

• The Florida Supreme Court ruled on April 1, 2024, that the amendment could appear on the statewide ballot.^[22]

How to cast a vote

See also: Voting in Florida

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Florida.

How to cast a vote in Florida

Poll times In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. An individual who is in line at the time polls close must be allowed to vote. Florida is split between Eastern and Central time zones.[23] Registration Check your voter registration status here. To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age.[24][25] Voters may retrieve registration applications at the following locations:[24] Local elections offices Public assistance agencies Disability services agencies Independent living centers Military recruitment offices Public libraries A registration form is also available online. The form can be printed and submitted via mail.[25] Automatic registration Florida does not practice automatic voter registration. Online registration See also: Online voter registration Florida has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Florida does not allow same-day voter registration. Residency requirements To register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Florida does not require proof of citizenship for voter registration. Verifying your registration The page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online. Voter ID requirements Florida requires voters to present photo identification with a signature while voting.[26][27] The following list of accepted ID was current as of April 2023. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information. Florida driver’s license Florida identification card issued by the Department of Highway Safety and Motor Vehicles United States passport Debit or credit card Military identification Student identification Retirement center identification Neighborhood association identification Public assistance identification Veteran health identification card issued by the United States Department of Veterans Affairs License to carry a concealed weapon or firearm issued pursuant to s. 790.06 Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

See also

2024 measures 2024 ballot measures Marijuana on the ballot 2024 legislative sessions

Florida Florida ballot measures Florida ballot measure laws

News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls

External links

• Initiative 22-05
• Florida Division of Elections: Initiatives, Amendments, Revisions Database
• Smart & Safe Florida Campaign Finance Activity

Support Smart & Safe Florida campaign website Smart & Safe Florida Facebook page Smart & Safe Florida Twitter page

Opposition Submit links to editor@ballotpedia.org.

Footnotes

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