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As the general election approaches in November, Florida voters will have the opportunity to decide on the state’s adult-use marijuana initiative identified on the ballot as Amendment 3. In the most expensive state marijuana legalization effort to date, there have been various narratives about Amendment 3. This blog is intended to clarify important aspects of Amendment 3.

What is Amendment 3?

Amendment 3 is a ballot initiative that, if approved by voters, modifies Florida’s medical marijuana constitutional amendment (Article X, Section 29) to include the non-medical use of marijuana. It permits adults 21 years of age or older to possess marijuana for personal consumption.

Does Amendment 3 Decriminalize Marijuana for Adults?

So long as an adult possesses less than 3 ounces of marijuana (and five grams of marijuana concentrate) for personal use and complies with other applicable laws, he or she will not be subject to criminal or civil liability under Florida law. Amendment 3 does not change or affect the federal legal status of marijuana as a Schedule I controlled substance.

Who Can Sell Adult-Use Marijuana to Adults Under Amendment 3?

Adults may purchase non-medical marijuana from Florida’s licensed cannabis entities called medical marijuana treatment centers (“MMTCs”), which are currently servicing Florida’s medical marijuana program. Amendment 3 gives the Florida Legislature (the “Legislature”) the right – not the obligation – to provide for the licensure of entities that are not MMTCs.

Does Amendment 3 Create a Monopoly?  

Amendment 3 does not create the licensing structure for an adult-use market. It does, however, allow existing MMTCs to expand the sale of products to adults for non-medical use. As of the date hereof, there have been twenty-five (25) MMTC licenses issued. If Amendment 3 passes, the Legislature will have broad discretion to determine the licensing structure for an adult-use market, including the number and types of licenses available to participate in the program. Thus, while the current MMTCs will likely have a head start to service the adult-use market under Amendment 3, it does not shut the door to additional competition.

Will Smoking Marijuana be Permitted in Public Places?

Like Florida’s medical marijuana constitutional amendment, Amendment 3 does not address smoking marijuana in public. Instead, it defers to the Legislature by enabling it to enact laws that do not conflict with Amendment 3. The Legislature has prohibited smoking medical marijuana in any public place and is likely to extend that prohibition to non-medical use.

What Doesn’t Amendment 3 Address?

While Amendment 3 sets the groundwork for adult-use legalization, it leaves critical issues unresolved such as taxation, product requirements, new licensing opportunities, local government control, the regulatory structure for the adult-use program, and the interplay between medical and adult-use programs. If Amendment 3 is approved by voters, the Legislature will take on the monumental task of passing laws that address a myriad of issues and opportunities presented by adult-use legalization.

What Are the Key Dates Following Voter Approval of Amendment 3?

On March 4, 2025, Florida’s regular session convenes for sixty (60) days, ending on May 2, 2025. Absent a call for a special session, this will provide the Legislature with an opportunity to pass a bill implementing Amendment 3. The effective date of Amendment 3 is May 5, 2025.

The passage of Amendment 3 will open a new chapter in marijuana reform for Florida. As we move forward, staying engaged and informed about the changes shaping the future of adult-use marijuana in the state will be essential.

The post Your Guide to Amendment 3: Florida’s Adult-Use Marijuana Legalization Initiative appeared first on Greenspoon Marder LLP.