But even if the referendum passes, it remains uncertain how soon recreational cannabis hopefuls could light up without fear of criminal repercussions.
Currently the state’s Supreme Court is mulling a decision on the language of an amendment that would authorize the use of recreational marijuana for people 21 and older while also allowing individuals to possess up to 3 ounces of marijuana. It is sponsored by Smart & Safe Florida, which is backed by the state’s largest medical marijuana producer, Trulieve.
If the Supreme Court decides by April 1 to green light the amendment proposal, voters will be able to decide on Nov. 5 on recreational marijuana, which needs a 60% supermajority to pass.
Is it against the law to smoke marijuana in Florida?
Marijuana is currently only legal in Florida for those who have a Medical Marijuana ID CardM, which is given to those who have been diagnosed with a qualifying condition.
Medical marijuana cards cost $75 and must be renewed every year within 45 days of the card’s expiration for an additional $75 in addition to the potential cost of visiting a physician.
Possession of marijuana under Florida law is still a crime for those without a card. Anyone with 20 grams or less of weed faces up to a year in jail and up to $1,000 in fines.
How soon could Florida recreational marijuana use become legal?
Even if the Florida Supreme Court approves the ballot initiative and amendment wins at the polls in November, marijuana won’t instantly become legal in Florida.
In fact, the process of taking a successful referendum and enacting it into law can take months and months. Even if the referendum passes, the state legislature can make decisions on how exactly to implement the law, including specific regulations around how much marijuana could be purchased at one time, potency limits, rules around marketing, and any other concerns that arise during the process.
Legalizing cannabis’s: Florida Supreme Court hears challenge to recreational marijuana amendment
For instance, when medical marijuana passed under Amendment 2 through a similar process in 2016, it was not legal to actually purchase smokable cannabis until later as the state legislature ironed out the specifics of the law, which was subject to a lengthy legislative process. It wasn’t until June of 2017 when the Florida legislature passed laws regulating the specifics of medical marijuana, including dispensary limits, qualifying conditions, rules for prescribers and quantities available to users. And despite that months-long process, it was over two years later when the passage of SB 182 authorized the smokeable flower form for medical use under the program, illustrating how the referendum process is not always immediate or straightforward.
On top of that, there could be legal challenges designed to interrupt its codification and tie up implementation in the courts.
When do Florida justices have to decide on recreational marijuana?
It’s not clear when exactly the Florida Supreme Court will issue its ruling on the challenge to the ballot language summary. The Florida Supreme Court has until April 1 to hand down a decision on the case after Florida Attorney General Ashley Moody called into question the amendment’s language and potential to violate a requirement that ballot initiatives must stick to a single subject
More: When is Florida’s recreational marijuana amendment possibly on the ballot? What to know
However, if no decision is handed down by the deadline, then the measure would be cleared to be on next year’s ballot.
Although it remains unclear which way the Supreme Court will lean, Florida Gov. Ron DeSantis recently weighed in on the matter, according to cannabis media site Marijuana Moment.“I think the court is going to approve that,” DeSantis is quoted as telling a cannabis lobbyist.
What is the potency of marijuana in Florida?
Marijuana potency has been the subject of much debate among lawmakers as the issue has come to the fore in recent years.
Cannabis flower currently available for sale at Florida’s medical dispensaries is ranges between 20% and 30% THC.
