Jacob Ogles
Gov. Ron DeSantis is alleging that legalizing marijuana inevitably means police won’t stop weed smokers lighting up at commercial restaurants.
“Law enforcement is not going to,” DeSantis said. “They’re not going to spend time policing whether it’s being used in a restaurant or not if it’s a constitutional right. They’re just going to want to stay out of it because they’re not going to want to end up getting sued.”
The Governor made the baseless allegation during a telephone town hall hosted by the Republican Party of Florida. A recording was posted by Mediaite after reporter Sarah Rumpf received a robocall that patched individuals who picked up into the conversation.
DeSantis has campaigned heavily against Amendment 3, which would decriminalize marijuana for adult recreational use. His town hall comments came after a caller identified as “Julian from Miami” asked if, after the amendment’s passage, “somebody could be smoking weed while next to me sitting inside a restaurant eating dinner?”
“Yes,” DeSantis said. “I mean, I think that’s what’ll happen. Because the way the amendment is written, they’re saying you have a constitutional right to possess and smoke marijuana, and that’s different than what Colorado did or California did.”
Smart & Safe Florida spokesperson Steve Vancore said the Governor’s characterization of Amendment 3 was inaccurate.
“It’s crystal clear that Florida lawmakers can and are already prepared to put restrictions on public smoking. As we do with tobacco and alcohol, the legislature will have the full authority to enact time place and manner restrictions — and they should — and no lawyer in his or her right mind would contest this clear and obvious truth.”
Of note, Amendment 3 never mentions a right in either its ballot summary or the full text of the proposed constitutional amendment. But if the measure passes, which requires 60% support in the Nov. 5 General Election, it will require Florida to allow “possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise.”
It also establishes a possession limit of 3 ounces, and that no more than 5 grams can be concentrate.
But the measure also states that “nothing in this amendment prohibits the Legislature from enacting laws that are consistent with this amendment.” Sen. Joe Gruters, a Sarasota Republican who endorsed the measure, has stated he will introduce implementing legislation for the amendment that also bans smoking in public places.
The Smart & Safe Florida campaign behind the measure has embraced that proposal. The campaign has a website, Freedom Doesn’t Stink, that promises “public spaces will remain smoke-free, with the same restrictions as tobacco” and that “legalization will allow ‘no smoking’ rules to be established and enforced.”
The amendment itself builds on a medical marijuana amendment passed by voters in 2016. The Florida Constitution has language there already addressing use of medical cannabis in public, making clear: “Nothing in this section shall require any accommodation … of smoking medical marijuana in any public place.”
DeSantis, though, asserted that since the amendment language is silent on public smoking of recreational marijuana, that binds the Legislature.
“Some say, ‘Oh, well the Legislature can come in and they can fix this.’ First of all, that’s just not true,” DeSantis said, “and if you read the actual text of the amendment there’s nothing in the amendment that would give the legislature that authority.”
He called the amendment “horribly written” and a giveaway to marijuana companies.
“If you want to protect people’s freedom to be able to breathe clean air and be in these spaces without having this intrude, this amendment is not giving you the protection you deserve,” DeSantis said.
15 comments
Joe
October 23, 2024 at 10:31 am
De-criminalizing is not the same as granting a constitutional right — which Tiny D of course knows, but he’s just being willfully deceptive here. As per usual.
Brian Kelly
October 23, 2024 at 11:33 am
Exactly! Well Said. In response to Desantis I say: Fear of Cannabis Legalization Nationwide is unfounded. Not based on any science or fact whatsoever. So please prohibitionists, we beg you to give your scare tactics, “Conspiracy Theories” and “Doomsday Scenarios” over the inevitable Legalization of Cannabis Nationwide a rest. Nobody is buying them anymore these days. Okay?
Furthermore, if all prohibitionists get when they look into that nice, big and shiny crystal ball of theirs, while wondering about the future of cannabis legalization, is horror, doom, and despair, well then I suggest they return that thing as quickly as possible and reclaim the money they shelled out for it, since it’s obviously defective.
The prohibition of cannabis has not decreased the supply nor the demand for cannabis at all. Not one single iota, and it never will. Just a huge and complete waste of our tax dollars to continue criminalizing citizens for choosing a natural, non-toxic, relatively benign plant proven to be much safer than alcohol.
If prohibitionists are going to take it upon themselves to worry about “saving us all” from ourselves, then they need to start with the drug that causes more death and destruction than every other drug in the world COMBINED, which is alcohol!
Why do prohibitionists feel the continued need to vilify and demonize cannabis when they could more wisely focus their efforts on a real, proven killer, alcohol, which again causes more destruction, violence, and death than all other drugs, COMBINED?
Prohibitionists really should get their priorities straight and/or practice a little live and let live. They’ll live longer, happier, and healthier, with a lot less stress if they refrain from being bent on trying to control others through Draconian Cannabis Laws.
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October 23, 2024 at 11:42 am
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Ocean Joe
October 23, 2024 at 10:35 am
Would rather dine with potsmokers than watch somebody scoop pudding out of a cup with their fingers, but then that’s me.
Brian Kelly
October 23, 2024 at 11:35 am
Exactly! Well Said. Me too! What we certainly don’t need are anymore people who feel justified in appointing themselves to be self-deputized morality police.
We are very capable of choosing for ourselves if we want to consume cannabis, a far less dangerous choice over alcohol, and we definitely don’t need anyone dictating how we should live our own lives.
We can’t just lock up everyone who does things prohibitionists don’t personally approve of.
The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over two trillion dollars.
Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.
The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?
Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?
Let’s end this hypocrisy now!
The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.
Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!
Legalize Nationwide Federally Now! Support Each and Every Cannabis Legalization Initiative!
Barth Gimble
October 23, 2024 at 11:00 am
What everyone is conviently ignoring and does not want to talk about is that recreational marijuana is already a multi-million dollar business in Florida.
It’s just not Trueleive and all the Democratic and Republican investors Nikki Fried got to invest are not getting “A Peice Of The Street Weed Action”.
So the backers of recreational weed – [refer to the above paragraph for who those backers are] – endorsed this cock & bull story that “Sceary Street Weed Laced With Fyentanl” will just “POOFF” MAJICALLY go away after you vote yes on admendment 3.
Well hold on there are we expected to believe the current multi-million dollar weed industry in Florida will just give up all their money and quietly walk away?
Thats not going to happen and our current weed suppliers will simpley price of their Street Weed to 1/2 or less than expensive regulated govornment weed. The street weed will actually shoot up in value due to the availability of expensive Government weed.
Most everything you are being bombarded with in the respect to trying to convince you to vote yes on 3 is a total lie.
Street Weed will still be there for you in abdundance and while it wont be as expensive as Govornment Regulated weed it will cost a whole lot more than you are paying now for street weed because Government Weed, my weed-heads, will be so expensive only the Uber Wealthy will be able to afford it.
Barth
Cheesy Floridian
October 23, 2024 at 11:35 am
It will be legal. That’s all I care about. What will happen if it does become legal well, we will just to figure it out.
Brian Kelly
October 23, 2024 at 11:38 am
Wow there, Mr. Nostradamus-of-Cannabis-Future. That’s one heck of a weird little “Doomsday Scenario” you got going on with your predictions of utter doom there, buddy! Impressive, you all powerful, knowing and wise Mr. Nostradamus-of-Cannabis-Future. Tell us, do you also read palms and the Tarot Cards too? Or, is your gig strictly predicting utter Doom and Gloom, but only when it comes to the inevitable legalization of relatively benign cannabis?
Barth Gimble
October 23, 2024 at 7:11 pm
Brian Kelly,
As a “Public Service Announcement” The Gimble Team has traced your IP address to a computer in The the Florida Democratic National Parties Office. I know how important the passage of Admendment 3 is to The Director of The Florida Democratic Party is, Brian, and that you are only doing your job as instructed, to support your family dont worry I dont see anything here to report to Ashley Moody.
Your just a guy doing his job as ordered.
Hope all is well with you and the family and Nikki is paying you well,
Barth
Cheesy Floridian
October 23, 2024 at 11:32 am
He honestly thinks that we are stupid and that is very sad. The Florida Constitution states that a ballot initiative needs to be about 1 single subject and that is legalization. It cannot be about more than 1 subject or its invalid. Just because the amendment is silent on it doesn’t mean the legislature cannot do anything about it. The amendment about restoring rights to felons so they can vote didn’t stop the Legislature and DeSantis from passing laws and making it to where all these felons need to pay all their court fines and dues first before they can actually get their rights back. But it didn’t stop the state from putting in that requirement. I feel bad for the people who support this man
Brian Kelly
October 23, 2024 at 11:39 am
Exactly! Well said! States “rights” has become just a clever excuse, disguise and blanket authority being used for a very small minority of irrational prohibitionists to be able to criminalize everything that they personally don’t morally approve of. Same with abortion and even books that they don’t morally approve of, and they have the nerve to call it states “rights”. The only “right” states rights provide is the right of a very small minority to criminalize anything they don’t morally approve of in their individual home states. It needs to end now! It’s like having 50 different countries with different laws instead of a “United” States. States rights=Criminalization of the citizens by a very small lunatic fringe minority of irrational prohibitionists whom have self righteously appointed themselves as self deputized morality police over everyone else.
There is absolutely no doubt now that the majority of Americans want to completely legalize cannabis nationwide. Our numbers grow on a daily basis.
The prohibitionist view on cannabis is the viewpoint of a minority and rapidly shrinking percentage of Americans. It is based upon decades of lies and propaganda.
Each and every tired old lie they have propagated has been thoroughly proven false by both science and society.
Their tired old rhetoric no longer holds any validity. The vast majority of Americans have seen through the sham of cannabis prohibition in this day and age. The number of prohibitionists left shrinks on a daily basis.
With their credibility shattered, and their not so hidden agendas visible to a much wiser public, what’s left for a cannabis prohibitionist to do?
Maybe, just come to terms with the fact that Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think, and there is nothing they can do to stop it!
Legalize Nationwide!…and Support All Cannabis Legalization Efforts!
Skeptic
October 23, 2024 at 9:31 pm
If the cops don’t stop smoking in restaurants, can’t tiny D fire them all (like he does to prosecutors)? Another non-issue brought to you by a non-entity.
Cindy
October 24, 2024 at 10:44 am
The smell will go into public nuisance… like disturbing the peace ✌️
W Rose
October 24, 2024 at 11:41 am
This argument is so ridiculous it hardly merits a response, but no restaurant is going to allow that when smoking is already forbidden. Just because there’s a right to something doesn’t mean it can be practiced everywhere with no restrictions. Might as well argue that abortions will be performed by prep cooks on the restaurant tables.
Jojo
October 25, 2024 at 7:29 am
No Ron..… smoke is smoke, which is already banned in restaurants.
And oh by the way, your wife lied when she said amendment 3 would ban people from growing their own pot.