Recreational marijuana in Florida snuffed out after amendment falls short of 60%
A proposed constitutional amendment that would have allowed recreational marijuana got snuffed out on election night.
Following the most expensive ballot measure battle in the nation, Amendment 3 fell short with only 55.9% approval, about 4 points shy of the 60% needed for passage, according to Associated Press data.
Smart & Safe Florida, the group pushing for the amendment, acknowledged defeat in a Tuesday night statement.
"While the results of Amendment 3 did not clear the 60% threshold, we are eager to work with the governor and legislative leaders who agree with us on decriminalizing recreational marijuana for adults, addressing public consumption, continuing our focus on child safety, and expanding access to safe marijuana through home grow," it said.
Amendment 3 would have allowed 21-year-olds to possess up to three ounces of marijuana or five grams in concentrated form.
Its failure was one of the more shocking moments in the state’s 2024 general election. While the polling was tight, most surveys found enough supportive Floridians for it to pass.
And a mountain of money was at stake – both in tax dollars and company revenues.
Trulieve, the state’s largest medical marijuana operator, spent a fortune on Amendment 3. It donated the vast majority of the more than $150 million received by Smart & Safe Florida, the group running that pro-legalization campaign.
That ignited the ire of Gov. Ron DeSantis, who accused Trulieve of trying to create a “cartel” in the state Constitution.
The company has repeatedly refuted that and a slew of other criticisms launched against it and the recreational marijuana measure.
While Trulieve was expected to hold the largest share of the recreational market, there are 24 other medical marijuana companies in Florida. And the DeSantis administration is sitting on licenses that would bring in 22 more.
Other major marijuana companies, like Curaleaf, reported that they’d spent tens of millions of dollars in preparation for approval.
The amendment would have allowed the current medical marijuana providers to sell recreational products, though its language explicitly let the Legislature provide licenses to other entities as well.
Not that it matters now.
"Even after spending over $150 million — the most in any drug legalization effort in American history — the people of Florida saw through Amendment 3's web of deception and defeated this corporate power grab," wrote Vote No on 3, the campaign against the amendment, on social media Tuesday night.
Trulieve’s contributions weren’t enough to overcome the DeSantis administration’s all-out assault on the amendment leading up to the election, controversially using state resources in the process.
Despite former President Donald Trump coming out in support of the measure, the state spent many millions of dollars on advertising that appeared to be geared against it. That was mixed with numerous anti-recreational marijuana press conferences the governor held across the state.
He and other opponents hit the amendment with a large quantity of questionable claims, including that the state Legislature would be unable to regulate recreational marijuana.
Those claims worked, and they’ll remain untested.
"Proud to have fought the fight — we left it all on the field," said Trulieve CEO Kim Rivers in a Tuesday night statement. "Looking forward to working with the Legislature on the next steps to ensure safe access to marijuana for adults in Florida, decriminalization for personal possession and home grow."
While most states with a constitutional amendment system require only a simple majority's approval, Florida voters approved an amendment in 2006 that raised the approval threshold from 50% to 60%. That's a difficult threshold to reach — that 2006 measure itself passed by 58%.
(The lead and headlines of this story were updated for clarity).
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule is based in Tallahassee, Fla. He can be reached at DSoule@gannett.com. On X: @DouglasSoule.