Florida Supreme Court decides cannabis legalization initiative will appear on 2024 ballot
The Florida Supreme Court, in a 5-2 decision, has decided that a cannabis legalization ballot initiative will go before voters in the November 2024 election. The legalization campaign — Smart and Safe Florida — collected over 900,000 valid signatures in the allotted time, more than enough to qualify for the ballot. The Florida Supreme Court voided a legalization initiative in 2022. Smart and Safe Florida changed tactics and the language for 2024. The initiative will need a supermajority of 60% for passage.
If passed, the initiative — which is an amendment to Florida’s constitution — would go into effect six months later. It would allow:
Operating medical cannabis dispensaries to sell cannabis to adults over the age of 21;
Adults 21+ to possess one ounce of cannabis flower and five grams of concentrate; and
the legislature to issue more licenses if they so choose.
It also clearly states that the proposed amendment would not supersede the federal prohibition of cannabis, which was part of the reason the 2022 initiative was blocked by the state Supreme Court.
The initiative does not include home cultivation or expungement for prior convictions. Had it done so, it would likely have been rejected by the court under a “single-subject” rule.
The amendment also allows the state legislature to enact laws to further regulate the adult-use market.
Florida is one of only 19 states that continues to impose jail time for simple possession of cannabis. The Miami New Times reported that 42,153 people were arrested for misdemeanor cannabis possession in Florida in 2017. If the legalization measure is approved by voters, tens of thousands of Florida residents would be spared the trauma, disruption, and life-altering criminal records of a cannabis arrest.
Current cannabis laws in Florida
Possession of small amounts is illegal: Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
Sale or delivery qualifies as a felony: Sale or delivery within 1,000 feet of a school, college, park, or other specified area is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000. The sale of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000. However, the delivery of 20 grams or less is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000.
Medical marijuana is permitted: An individual may register as a medical marijuana patient if his or her doctor certifies that the individual suffers from one or more of the following conditions:
Cancer
Epilepsy
Glaucoma
HIV/AIDS
Crohn’s disease
Parkinson’s disease
Multiple sclerosis (MS)
Medical conditions of the same kind or class as or comparable to those above
Post-traumatic stress disorder(PTSD)
Amyotrophic lateral sclerosis (ALS)
A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
To qualify, a patient must be a permanent or seasonal resident of Florida, be entered into the medical marijuana use registry, and obtain a medical marijuana ID card. You can learn more about the requirements to become a patient here. Patients can purchase marijuana from registered marijuana dispensaries, called Medical Marijuana Treatment Centers (MMTCs). Click here to search for an MMTC near you.
Decriminalization policies adopted across Florida
Since June 2015, a new trend has taken root across Florida — several cities and counties have passed similar ordinances that give officers the discretion to replace arrests for possession of under 20 grams of cannabis with citations. These jurisdictions include Miami-Dade County, Tampa, Key West, Orlando, and Sarasota.
For example, Orlando decriminalized small amounts of cannabis by allowing police officers to give out citations instead of making arrests. If you possess 20 grams of cannabis or less or have cannabis paraphernalia, an officer can choose to give you a citation with a $100 fine if you're a first-time offender, or a $200 fine for a second offense. Repeat offenders can get a fine of up to $500 and a court appearance.
1978: The Florida Legislature enacted the Therapeutic Research Program, which was never operational. The program would have required federal permission and would have involved pharmacies dispensing marijuana to cancer and glaucoma patients. It was repealed in 1984.
1991: In Jenks v. State, the First District Court of Appeals allowed two seriously ill HIV/AIDS patients to raise a medical necessity defense to marijuana cultivation and drug paraphernalia charges. The court found that the defendants had met the burden of establishing the defense at trial and reversed the trial court’s judgment and acquitted the defendants.
1998: The same First District Court of Appeals upheld the medical necessity defense again in Sowell v. State, even after the legislature made a slight change to its Schedule I statutory language that was unfriendly to the use of medical marijuana.
2012: Simultaneous bills HJR 353 and SJR 1028, a constitutional amendment to allow medical marijuana in Florida, were introduced by Rep. Jeff Clemens (D – Lake Worth) and Sen. Larcenia J. Bullard (D – Miami) but never voted on. This marked the first time that medical marijuana bills were filed in both the House and the Senate.
2014: The “Compassionate Medical Cannabis Act of 2014” allows specified physicians to issue orders for certain patients, allowing them to use low-THC cannabis, which is defined as having no more than 0.8% THC and more than 10% CBD. It requires the Department of Health to create a registry of patients and to authorize five organizations to grow and dispense the cannabis. Requiring doctors to issue “written orders” rather than recommendations or certifications puts them at risk under federal law.
Advocates were able to get a medical marijuana constitutional amendment on the November 2014 ballot. Since it was a constitutional amendment, it needed 60% or more of the vote to pass. Unfortunately, it only got 57.6%.
2016: Amendment 2 – which established a medical marijuana program – passed with a popular vote of 71%.
2017: In special session, the legislature passed SB8A to regulate Amendment 2, and implementation is underway by the Office of Medical Marijuana Use within Florida’s Department of Health.
2019: The legislature enacted SB 182, repealing a ban it had previously instituted on smoking medical cannabis.
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