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Tallahassee, FL: Backers of a 2024 statewide initiative that sought to legalize adult-use retail marijuana sales are considering running another legalization campaign in 2026.
The campaign behind the Amendment 3 effort, Smart & Safe Florida, filed paperwork with state officials last week to place another ballot question before voters. Although the 2024 campaign received 56 percent of the vote, that total was below the 60 percent threshold required to pass a constitutional amendment in Florida. (Florida is the only state that requires citizen-initiated measures to gain more than a simple majority.)
The newly proposed measure is similar to last year’s amendment. However, the updated language explicitly prohibits any public use of cannabis and stipulates that nothing in the initiative prevents lawmakers “from providing for the home growing of marijuana by adults for their personal use and the reasonable regulation thereof,” among other changes.
Amendment 3 was vigorously opposed by Republican Gov. Ron DeSantis, who allocated millions of dollars in state funds to air anti-marijuana ads on television. Most recently, Gov. DeSantis called on lawmakers to convene a special legislative session to discuss options to impose new restrictions on ballot initiative access.
Historically, Florida has been among the states with the highest number of annual marijuana-related arrests. Under state law, possession of 20 grams or less of marijuana is a criminal misdemeanor, punishable by up to one year in jail and a $1,000 fine. Possessing greater amounts is a felony offense, punishable by up to five years in prison.
In 2016, 71 percent of Florida voters approved a constitutional amendment legalizing the production and distribution of medical cannabis to qualified patients. Over 850,000 Floridians are now registered with the state to access medical marijuana.
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