As Florida approaches a pivotal vote on legalizing recreational cannabis, the state is seeing significant developments that could shape its future. Here's a look at the latest status of Florida cannabis laws and what could happen next.
Is Cannabis Legal in Florida?
Currently, Florida cannabis laws state that recreational cannabis is not legal in Florida. However, medical cannabis has been legal since November 2016 for patients who have a condition that qualifies them for a medical cannabis card. So, as of now, cannabis can only be purchased legally from a medical dispensary by those who have a medical cannabis card.
When Is Florida Voting to Legalize Recreational Cannabis?
Florida voters are set to decide on the legalization of recreational cannabis in November 2024 through a ballot initiative known as Florida Amendment 3. This measure, backed by the Smart & Safe Florida campaign, seeks to legalize adult-use cannabis for individuals 21 and older.
The amendment must receive at least 60% of the vote to pass, as it involves changing the state's constitution regarding Florida cannabis laws. If passed, Florida would become the 25th state to legalize cannabis for recreational use. Once the bill is signed into law, anyone aged 21 or older can legally possess up to 3 ounces of recreational cannabis with no more than 5 grams of that being in concentrated form. Other aspects of the bill include:
- Legalized possession, processing, transporting, and use of raw cannabis, cannabis products, and cannabis accessories.
- Repeals Note 1A of Florida Statute 381.986 2020 to prevent current medical cannabis laws from expiring six months after “a constitutional amendment related to cannabis or marijuana is adopted.”
- Blocks the introduction of legislation aimed at limiting the tetrahydrocannabinol (THC) percentage of cannabis being sold in dispensaries.
When Will Recreational Dispensaries Open if Cannabis is Legalized?
If the amendment to change Florida cannabis laws passes, the earliest that recreational dispensaries could open is mid to late 2025. The amendment would take effect on May 6, 2025 — six months after approval by voters. This could allow Florida to begin processing applications for recreational licenses soon after. However, the timeline for the actual opening of dispensaries will depend on how quickly the state can implement the necessary regulatory framework, as they will need to create or change statutes to accommodate the new laws.
The implementation may also be delayed as local and state legislative bodies work out how to best implement the change in cannabis laws. They will need to determine regulations such as the details on amounts that can be purchased at one time or rules regarding sales and marketing. Even once all of this is ironed out, there may be legal challenges to the intended framework that can delay things while they are being argued in court.
Will Medical Dispensaries Automatically Be Allowed to Sell Recreationally in Florida?
Medical marijuana treatment centers (MMTCs) in Florida would be able to sell recreational cannabis if they obtain a dual license. These licenses would allow existing medical dispensaries to transition to or include recreational sales, which could streamline the availability of cannabis to the public.
Existing medical cannabis dispensaries may be able to secure a dual license to sell both medical and recreational cannabis. As of March 2024, data shows that there are currently 22 different companies that operate more than 500 medical cannabis dispensaries located in Florida. Some of the biggest ones are:
- TrueLieve – 133 dispensaries
- MuV – 74 dispensaries
- Ayr Cannabis – 64 dispensaries
- Curaleaf – 61 dispensaries
What Are the Associated Taxes?
The specific tax structure Florida cannabis laws will adopt for recreational cannabis has not been fully detailed yet. However, it is anticipated that the state will impose a standard sales tax on cannabis products. Additionally, lawmakers may introduce an excise tax to generate further revenue, which could contribute significantly to Florida's economy. Estimates suggest that recreational cannabis could bring in nearly $200 million annually in tax revenue, with some saying that number could reach as high as $431 million.
When Will Recreational License Applications Open?
Assuming the amendment passes, the application process for recreational cannabis licenses is expected to open shortly after the law takes effect in May 2025. The timeline for the issuance of these licenses will depend on the regulatory framework established by the state, but it could take several months to process applications and approve licenses. There is a concern among potential applicants that the issuance of licenses for recreational cannabis will suffer the same delays seen with MMTC and that they are being monopolized by a handful of big businesses.
After the first 25 medical cannabis licenses, state law states that four new licenses must be issued within 6 months for every additional 100,000 patients possessing a medical cannabis ID. With over 882,000 currently on the patient rolls, Florida should have issued an additional 22 MMTC licenses. In April 2023, multiple lawsuits forced them to accept 73 applications for one of these available licenses. Over a year has passed with no new licenses issued, leaving the applicants who can least afford the delays in limbo.
What Will Be the Cost of a Recreational License?
While the exact cost of obtaining a recreational cannabis license in Florida has not been finalized, it is expected to be significant, given the lucrative nature of the industry and the demand for licenses. Fees could range from several thousand to tens of thousands of dollars, depending on the type of license and the scale of the operation.
For the MMTC license, there was a $146,000 application fee. Applicants were also required to already have secured leases for any locations listed in their application. In some cases, applicants have been holding leases for properties for more than a year awaiting acceptance of their application for a medical cannabis license. If recreational cannabis licenses follow a similar path, getting a license could be a significant upfront investment.
What Will Recreational Cannabis Legalization Mean for Employers?
The Americans with Disabilities Act does not protect using any federally prohibited drugs in the workplace. Because Florida law does not require employers to accommodate the use of medically prescribed cannabis on the job, it is likely rules will be the same for the recreational use of cannabis.
Employers are expected to retain the right to enforce drug-free workplace policies, including the prohibition of cannabis use on the job and the ability to conduct drug testing. Businesses are advised to review and update their policies to ensure compliance with both state and federal laws, particularly for employees in safety-sensitive roles.
How Do Most Floridians Feel About Legalization?
Recent polls indicate strong support for the legalization of recreational cannabis in Florida. According to surveys conducted by the University of North Florida and other organizations, around 64-67% of likely voters support Florida Amendment 3, suggesting that the measure has a strong chance of passing. Support is particularly high among Democrats and non-partisan voters, while Republican support is more mixed.
For comparison, Amendment 2, which legalized medical marijuana, passed with 71.3% of the vote in 2016.
Conclusion
The upcoming vote on Florida Amendment 3 could mark a significant turning point for cannabis in Florida. With broad public support and the potential for substantial economic benefits, the state could soon join the growing list of U.S. states that have legalized recreational cannabis. However, much will depend on the outcome of the November 2024 vote and the subsequent actions by state lawmakers and regulators regarding Florida cannabis laws.
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