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Florida Marijuana Amendment Failed Despite Majority. Here’s why

Umito November 7, 2024

After months of legal battles, campaigns and Full-court pressure against this by Governor Ron DeSantisthe recreational marijuana amendment appears not to have passed. Recreational cannabis remains illegal in Florida.

But he obtained 55.9% of the vote, according to unofficial results as of Wednesday morning at 8 a.m. Why wasn’t that enough?

Florida added a higher threshold for approving amendments

Most states require a simple majority vote to pass ballot measures.

Florida too, until a 2006 constitutional amendment was adoptedchanging the voter approval threshold to 60%. Ironically, this was adopted with only 57.78% of the votesone of the last amendments to do so in the state.

Supporters claimed that well-funded special interest groups were pushing to change the Florida Constitution to protect their interests. Critics have said the ballot initiative process is necessary as a vital check on government, particularly if gerrymandering creates election-proof lawmakers.

So, even if a majority passes a constitutional amendment, the vote must be 60% or more for the amendment to be approved. It could have been harder.

Last year, a bill presented by Rep. Rick Roth, R-West Palm Beach, would have made it even more difficult to pass the amendments by changing it to a two-thirds majority, “66.67 percent.” A similar invoiceof Sen. Joe Gruters, R-Sarasota, would have done the same thing but also allowed voters to repeal previous amendments with the same percentage of votes as was required when the amendments were first adopted, making it more difficult to adopt new amendments and easier to get rid of older ones.

Both bills died in committee.

Is marijuana legal in Florida?

Yesbut only for certain people.

Medical marijuana is legal in Florida for residents diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card or caregivers who received a Medical Marijuana Caregiver Card.

The eligibility requirements for medical marijuana are currently:

Cancer
Epilepsy
Glaucoma
HIV (human immunodeficiency virus)
AIDS (Acquired Immune Deficiency Syndrome)
PTSD (post-traumatic stress disorder)
ALS (amyotrophic lateral sclerosis)
Crohn’s disease
Parkinson’s disease
Multiple sclerosis
Medical conditions or status comparable to those above
A terminal condition
Chronic non-malignant pain

Without a medical marijuana card or medical marijuana caregiver card, if you are caught in possession of marijuana, you may face fines and jail time under Florida law.

The amendment would have made recreational marijuana legal for adults over 21, with some restrictions.