Ron DeSantis claims recreational pot measure creates ‘Big Weed cartel’ with legal immunity

marijuana
The Smart & Safe said the Governor has mischaracterized Amendment 3, which doesn't address regulations.

Gov. Ron DeSantis alleged a recreational pot measure won’t actually decriminalize all marijuana. Instead, he said Amendment 3 will leave the entire cannabis market in the hands of a “Big Weed cartel.”

“The media will refer to it as marijuana, recreational legalization. That’s not entirely true,” DeSantis said at an Orlando news conference. “It’s a partial legalization because this has been put in by basically one big weed company that spent $75-$80 million.”

That was an apparent swipe at Trulieve, the state’s largest medical cannabis company, which has now put nearly $87.3 million behind the Smart & Safe Florida campaign promoting Amendment 3. The proposed constitutional amendment, if passed, would legalize recreational marijuana.

Of note, the amendment doesn’t address how the sale and distribution of marijuana would be regulated. The state’s medical marijuana program, governed by statutes passed by the Republican-controlled Florida Legislature after a constitutional amendment passed in 2016, has a limited number of licenses. Vertical integration requirements say companies can only sell the marijuana that the same business grows.

That means homegrown marijuana, even for medical use, remains illegal in Florida. DeSantis said if backers of recreational marijuana want to legalize cannabis for personal use, they would allow more companies to sell it and for individuals to produce it on their own.

“I would say, instead of putting a big weed cartel in the Constitution, instead of telling people you can buy it from the and then you’re fine, but then it can be used in public, I would do the opposite,” DeSantis said. “I think it’s much more reasonable to say, you know, people want to grow in their backyard, using it in their house. That’s fine; just don’t bring it out in public, right? We don’t want it in our streets.”

DeSantis also slammed a Florida Supreme Court made up mostly of his appointees for approving the ballot language. “How the Florida Supreme Court let that summary on was a huge mistake and a bad decision,” he said.

Officials with the Smart & Safe campaign said the constitutional amendment says what DeSantis proposed could not be put on the ballot because it would violate a single-issue rule. The campaign also said the Legislature can approve homegrown marijuana, and Amendment 3 would do nothing to prohibit that. Indeed, a spokesperson for the campaign said Smart & Safe supports homegrown marijuana.

“Once again, we’re seeing the failing opposition attempt to mislead voters,” said Smart & Safe spokesperson Morgan Hill. “This is just another example of government overreach and the use of scare tactics by the opposition. Adults should have the freedom to make responsible choices for themselves, especially as it relates to activities in their own homes. The opposition’s attempt to scare Floridians into voting against their own individual freedoms is nothing but a desperate and baseless lie.”

Of note, many cannabis providers in Florida already sell cannabis seeds but say those products can only be used to make legal CBD.

DeSantis also alleged Amendment 3 would provide legal immunity for marijuana providers, something not reflected clearly in the plain language ballot summary.

“They’re giving themselves protection from any civil liability at all at any point in the distribution or cultivation process,” DeSantis said.

Smart & Safe officials said the immunity language in the amendment is identical to the legal protections in place for medical marijuana providers now.

“Amendment 3 does nothing more than apply the same state-law liability provisions currently existing for medical marijuana to adult use,” a Smart & Safe statement reads.

“The plain text and structure of Section (a), including the new provisions in Amendment 3, necessarily are designed to and have the sole effect of allowing the use, cultivation and sale of marijuana for adult use in light of its current illegal status under federal and state law. Without those provisions, the rights granted in Amendment 3 would be meaningless. However, those provisions do not and cannot provide immunity for other ancillary conduct such as negligent manufacturing, unlawful sales to minors, delivery vehicle accidents, or consumers driving while impaired. Any suggestion to the contrary is false and ignores long-standing law.”

Jacob Ogles

Jacob Ogles has covered politics in Florida since 2000 for regional outlets including SRQ Magazine in Sarasota, The News-Press in Fort Myers and The Daily Commercial in Leesburg. His work has appeared nationally in The Advocate, Wired and other publications. Events like SRQ’s Where The Votes Are workshops made Ogles one of Southwest Florida’s most respected political analysts, and outlets like WWSB ABC 7 and WSRQ Sarasota have featured his insights. He can be reached at [email protected].


8 comments

  • Ron DeMoron

    September 16, 2024 at 2:24 pm

    Sure it does, Ron. Sure it does.

  • Brian Kelly

    September 16, 2024 at 5:16 pm

    Legalize federally now. What’s legal to possess and consume in over half of the populated areas of The United States should not make you a criminal in states still being governed by woefully ignorant prohibitionist politicians.

    Cannabis consumers in all states deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol.

    Plain and simple!

    Legalize Nationwide Federally Now!

    It’s time for us, the majority of The People to take back control of our national cannabis policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-cannabis, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.

    Politicians who continue to demonize Cannabis, Corrupt Law Enforcement Officials who prefer to ruin peoples lives over Cannabis possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through cannabis home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose cannabis, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.

    The People have spoken! Get on-board with Cannabis Legalization Nationwide, or be left behind and find new careers. Your choice.

  • Vote yes on amendment 4

    September 16, 2024 at 7:18 pm

    And the illegals coming pouring in taking our jobs , raping our kids, and eating our dogs are going to steal our weed now? Whatever lies lies lies fear mongering republican garbage!

  • John Thomas

    September 17, 2024 at 8:33 am

    Science and widespread experience have shown cannabis has no notable harms. Every person who chooses near harmless cannabis over addictive, very harmful alcohol, improves their health significantly – as well as the lives of their family and community.

    Prohibitionists like DeSantis that scream about “Big Cannabis Business” are just deflecting. The business is just a minor side issue. Legalization is about ending the insane persecution of consumers of near harmless cannabis – period.

    Ask any of the millions of cannabis consumers in the 24 alreadly, completely legaized states. – We LOVE our legal stores!

  • Cookie Monster

    September 17, 2024 at 10:31 am

    I am a medical card holder and will be voting no. You want to use cannabis get your card. No need for tourist weed in Florida. In addition, I want home grow and will not for anything other than that. NO on 3 all day every day!!

    • John Thomas

      September 17, 2024 at 5:51 pm

      Shame on you. Your “apparent” dislike of tourists is more important than stopping the monstrous persecution of your fellow cannabis consumers!

      I suspect a hidden agenda. At any rate, I eject you from the Cannabis Culture. I doubt you ever really belonged.

    • Josh Green

      September 18, 2024 at 9:54 am

      Brain dead take.

      You do know that doctors used to prescribe Medicinal Alcohol during prohibition, and it was legal under something called the Volstead Act. I suppose you would prefer we go back to that era?

      You want us to keep waisting time, money and resources to punish people over a plant that you yourself use? Stupidest thing i’ve read all year.

    • Linwood Wright

      September 18, 2024 at 12:42 pm

      Hey stupid. Tourism is the backbone of Florida’s economy and are the reason we don’t pay state income tax.

Comments are closed.


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