Marijuana Moment: Recreational Marijuana Would Be Legalized In Florida Under Two Newly Filed Ballot Measures

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Florida activists submitted two new proposed marijuana legalization ballot initiatives to state officials this week.

The first measure, from a group called Floridians for Marijuana, would allow adults over the age of 21 to legally use cannabis. They could possess up to two ounces of marijuana, including no more than five grams of cannabis concentrates.

Existing medical cannabis dispensaries would be able to sell recreational marijuana to adults as of the effective date, which would be six months after approval by voters.

New businesses would also be allowed to acquire, cultivate, process, transport and or sell marijuana to adults for personal use. Unlike current medical cannabis businesses, however, there would be no requirement for them to be vertically integrated.

The measure specifies that marketing and packaging of marijuana in a manner attractive to children would be prohibited, as would smoking or vaping cannabis in any public place. Owners of private property would maintain the right to prohibit marijuana use on premises.

It also says that prior to the effective date, lawmakers will need to adopt legislation concerning marijuana business licensing and to regulate the time, place and manner of the public consumption of cannabis.

“Nothing herein shall prohibit the legislature from providing for the home growing of marijuana by adults for their personal use and the reasonable regulation thereof,” it says. “Nothing herein shall limit the right of the legislature, subject to Section 19 of Article VII of this Constitution, to exercise its authority through general law in providing for the taxation of sales of marijuana and appropriating such tax revenues to fund law enforcement, education, or as otherwise determined by the Legislature.”

The second new initiative, filed by an organization called Let Florida Vote IV, is similar but contains additional provisions contemplating the designation of a separate agency to license marijuana businesses beyond the Department of Health, which currently oversees medical cannabis.

It states that existing medical marijuana treatment centers and licensed marijuana entities could acquire cannabis from, and sell or transfer it to one another.

The measure directs the legislature to pass a bill to provide for the issuance of cannabis business licenses “to any applicant meeting reasonable and objective qualifications” and specifies that there cannot be fees “in excess of the reasonable cost of administration and enforcement.”

If lawmakers do not pass such a law by the effective date, the Department of Health would then promulgate rules for marijuana business licensure within six months and then begin issuing licenses within nine months of the effective date, it says.

The separate committees behind the two new initiatives have the same chair and treasurer.

Let Florida Vote IV has a website where people can request a copy of the petition be mailed to them to sign.

Meanwhile, also still pending is a marijuana legalization ballot measure from Smart & Safe Florida, a campaign committee whose earlier measure on the 2024 ballot got majority support but fell short of the 60 percent threshold needed to pass a constitutional amendment in Florida.

The group also tried to get cannabis legalization on Florida’s 2026 ballot but fell short after state officials invalidated tens of thousands of signatures.

For any of the three currently pending marijuana legalization measures to make the 2028 ballot, organizers will need to submit 880,062 valid signatures from registered voters. Along the way, submission of 220,016 valid signatures will trigger a judicial and financial impact review from state officials.

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