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One of the most discussed issues, the legalization of recreational use of marijuana for adults, will be on The November 5th ballot in Florida with proposed Amendment #3.Official ballot languageAllows 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.Marijuana use by adults is legal in 24 states prior to this 2024 election. The Florida amendment was sponsored by a citizen’s initiative led by Smart and Safe Florida, a political action committee formed and predominantly supported by Trulieve, the state’s leading medical dispensary company. Medical use of marijuana was approved by voters in 2016, with 70% of voters agreeing, and currently, there are 25 approved medical marijuana centers with 617 dispensary locations across the state. Current sales of medical marijuana are over $2 billion a year, with 871,000 registered patients.The proposed amendment would eliminate the criminal liability for adult personal use (subject to weight limits). It would permit the approved medical centers to cultivate and sell marijuana to adults without a prescription. Currently, possession of under 20 grams without a prescription is considered a misdemeanor, and over that amount, a felony, and about 2,000 arrests are made each year in Florida based on FBI reports. Several research companies, including NIH, Cato, and Rand, have analyzed post-legalization marijuana use and will continue to investigate the longer-term effect on adults and youth; often, reports are conflicting, creating concern about the actual effects.Support for the amendmentSupporters of Amendment #3 cite personal freedom as the main reason for advocating legalization, pointing out that nearly half of the county has already legalized the drug. They feel that marijuana should be regulated, like cigarettes, but not subject to criminal penalties and that opponents have overstated its risks. They point to research that shows that legalizing does not boost underage consumption. In addition, by providing regulated sales opportunities for adult users, the black market that still exists would be significantly reduced and would help address the crimes and risks for users associated with the unregulated drug trade. They also cite the positive medical traits of the drug, including anti-inflammatory and analgesic properties. The appeal of additional revenue, projected at over $4 billion, and 15,000 new jobs would benefit Florida. Decriminalizing use would also relieve a significant strain on the law enforcement and judicial system. Said former President Donald Trump, who supports the amendment, posting on Truth Social, “It is time to end the needless arrests and incarceration of adults for small amounts for personal use.” Those supporting the measure have invested over $90 million to promote its passage, over five times as much as opponents. Supporters include Smart and Safe Florida, Trulieve, and the Florida Young Republicans. The website is smartandsafeflorida.com.Opposition to the amendmentGovernor DeSantis, establishing the Florida Freedom Fund, has led active opposition to the amendment, saying that if it is passed, “our state will start to smell like marijuana in our cities and towns.” Concerns include resulting increases in addiction and abuse, higher youth use and its related cognitive and sleep impairment, and the risks due to driving under the influence. They point out that in other states where marijuana has become legal, the black market still thrives, offering a cheaper and unregulated product, posing a continued risk to citizens. Critics say the amendment lacks important details about how the business will be managed. They also feel that greed is the primary motivation for the amendment and will benefit a limited number of companies who have spent heavily to promote its passage. Organizations opposing the amendment include Floridians Against Recreational Marijuana, Keep Florida Clean (Vote No on 3), Florida Freedom Fund, and the Drug Free America Foundation. The website is no-on3.com.If this amendment passes with 60% or more of those voting on this ballot issue, law enforcement and court changes will be made, and the Office of Medical Marijuana (OMMU) is expected to continue to regulate and license those who can sell the drug. It is somewhat uncertain what will happen with citizens arrested for crimes that no longer exist; some states have expunged the records of non-violent offenders after the legalization of the drug. Regardless of state legalization, the federal government classifies marijuana as a Schedule I drug with potential for abuse and limited medical benefits, causing confusion.
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