Florida voters snuff out recreational pot proposal

Put that joint away. It looks like possessing weed in Florida, at least without a prescription, will remain a state crime. Voters shot down a ballot measure that would have legalized cannabis for adults.

Statewide results showed 55.88% of voters supporting Amendment 3 and 44.12% voting “no,” with all precincts reporting statewide. Florida law requires 60% of voters weighing in on a measure to vote “yes” in order for it to be enshrined in the Florida Constitution.

The contest took place the same day voters elected a new President, and incidentally, both major candidates for that job supported Florida’s Amendment 3. Republican Donald Trump, a Florida resident, endorsed the specific measure and Democrat Kamala Harris supports decriminalization nationwide, making marijuana one rare area of unity between the candidates.

But the measure certainly drew opposition, most notably from Gov. Ron DeSantis, a Republican who won re-election just two years ago by 19 percentage points. DeSantis gloated over the measure’s rejection, as well as failure of an abortion rights measure.

“With polls now closed in Florida — Amendment 3 has failed, Amendment 4 has failed,” DeSantis posted on X.

DeSantis has repeatedly called into question the wisdom of putting the right to possess small amounts of pot into the state constitution, predicting a nightmare for law enforcement. And he has aggressively stoked fears that the measure will be more permissive than in other states where smoking marijuana is already the law.

“The way the amendment is written, they’re saying you have a constitutional right to possess and smoke marijuana,” DeSantis said, “and that’s different than what Colorado did or California did.”

The Smart & Safe Florida campaign invested nearly $150 million in ads promoting the measure. The campaign said noted the measure drew strong majority support, even without surpassing Florida’s high threshold for ballot measures passing.

“Tonight, a strong majority of Floridians voted in support of legalizing recreational marijuana for adults. While the results of Amendment 3 did not clear the 60 percent 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,” the statement reads.

“We want to extend our heartfelt gratitude to the majority of Florida voters who voted yes on Amendment 3 and everyone who stood with us in this effort. We remain committed to advocating for a smarter and safer Florida and will continue to work towards solutions that benefit all Floridians.”

The spending was staggering, according to Dr. Susan MacManus, a University of South Florida professor emeritus and top Florida political scientist.

“Do you realize that of all the issues across the country in all 50 states, none have had more money spent than No 3?” she said at a Florida TaxWatch event last week.

But some powerful lobbies like the Florida Chamber of Commerce also fought the measure.

“Amendment 3 was bad for Florida and even worse for Floridians,” said Mark Wilson, President and CEO of the Florida Chamber of Commerce. “This pro-drug amendment was bad for our kids, bad for our communities, bad for our local business, and ultimately bad for Florida. The Florida Chamber was proud to stand with Governor DeSantis to unite community and business leaders across Florida to help ensure this amendment’s defeat.”

The vast majority of that cash has come from Trulieve, Florida’s top medical marijuana company and presumably the organization best positioned to profit off the measure’s passage, though other smaller companies also provided contributions and in-kind support for the initiative.

The hefty resources meant a steady stream of disciplined ads across all platforms drilling home the message that the “Free State of Florida” shouldn’t keep criminalizing cannabis.

“Florida has a clear choice,” a closing ad from the campaign stated. “Keep arresting people for simple marijuana possession and ruining lives while letting dangerous, unregulated street marijuana put our kids at risk, or we can vote ‘yes’ on Amendment 3, giving adults access to safe, regulated marijuana to make our own choices in our own homes generating billions for schools and police.”

But an aggressive Vote No on 3 ad campaign cast the amendment as overly broad and monopolistic in nature. An ad released last week features an uncredited appearance by First Lady Casey DeSantis as a nearly anonymous mom at a playground.

“What about our playgrounds?” the First Lady states. “Can you imagine bringing your family here just as I bring my family to a park, where there’s innocent children, and people are smoking marijuana everywhere?”

It’s part of a counter-effort against Amendment 3 funded by Keep Florida Clean Inc., a political committee chaired by James Uthmeier, Gov. DeSantis’ Chief of Staff. The committee just through Halloween spent almost $24 million on its own campaigning against Amendment 3.

“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,” said Dr. Jessica Spencer, Director of Advocacy for the Vote No on 3 campaign.

“We are grateful for the unbending support of the Governor and First Lady of Florida, whose conviction, courage, and fearlessness – even in the face of Big Weed’s unprecedented $150-million cash bomb – was unwavering. Here in the Free State of Florida, we protect our kids, our way of life, and our constitution.

“As drug legalization marches across America, your state better hope it has a Governor like Ron DeSantis.”

That doesn’t count controversial spending by agencies under DeSantis’ authority that have funded numerous anti-Amendment 3 ads under the guise of public service amendments. From the Department of Health to the Florida Department of Transportation, millions have been spent on “public education” about the ills of marijuana and Amendment 3 specifically.

But besides a controversial use of state dollars, advocates for the measure also say much of the rhetoric against Amendment 3 was deeply dishonest. DeSantis said the measure would not allow home grow, something prohibited by state statute and which the amendment itself is quiet on.

As for the ads saying the measure would legalize smoking weed in public settings, Republican Sen. Joe Gruters  already announced implementing legislation embraced by the Smart & Safe Florida campaign that would outlaw smoking marijuana — and potentially anything else — in public settings.

A summary appearing on the ballot makes clear that only adults 21 and older would be allowed to possess, purchase or use marijuana if the measure passes. It would leave it to the state to decide who has licenses to distribute the narcotic, as well as who can cultivate it. Of note, that summary also makes clear the amendment has no impact on federal law, which still views cannabis as a controlled substance.

But experts note with both Harris and Trump endorsing the measure, issues around federal enforcement don’t loom over legalization arguments the same as they did 10 years ago.

As for the push to pass, most polling showed the measure at or above 60%, but a few polls did show Amendment 3 short of passage. Most survey results showed Democratic and independent voters sold on the measure, but Republicans split, and Republicans held a heavy advantage in turnout heading into Election Day.

Consequently, much of the campaigning in the weeks leading up to Election Day has focused on reaching right-leaning voters. Gruters went on a statewide tour alongside Democratic Sen. Shevrin Jones and Trulieve CEO Kim Rivers promoting the measure.

Rivers has also appeared on some right-wing podcasts, including a weekend appearance on Laura Loomer’s “Loomer Unleashed.” During the interview, Loomer criticized Republican Party of Florida guides that encouraged voters to vote down on the measure.

“President Trump is really the leader of our party, and he has said to vote ‘yes,’” Loomer said.

Rivers agreed with Loomer that DeSantis and the party are “compromised” by financial support from the hemp industry, which has found success in selling products with high THC value just shy of being classified as illegal marijuana.

“This has become part and parcel to a broader conversation around the administration,” Rivers said, “and unfortunately, they have just kind of gotten caught up. I’d like to think it’s the lack of ability to see the forest for the trees here.”

But she noted this is the third time voters through the petition process have had to put the question of legalizing marijuana on the Florida ballot in 10 years.

“This is beyond time. Citizens have asked for it. They want it,” Rivers said. “When you have over 50% of your party who is in favor of something, and is asking for something, and yet you are instead not just going against them but weaponizing tax dollars against them, it makes you step back and question the process in general.”