Will smoking in public be legal? What you need to know

If enough voters go for it in November, recreational marijuana for adult use becomes legal in Florida.

Critics and politicians – led by Florida Governor Ron DeSantis – have argued about the potential problems of marijuana legalization, claiming that there is a ‘lack of restrictionsabout where marijuana could be used in public. But is that true?

Here’s what you need to know if Amendment 3 passes and where residents can and cannot smoke in public.

What is recreational marijuana?

Recreational marijuana, or adult-use marijuana, is intended for adults 21 years and older to use for pleasure rather than for health benefits. Merriam-Webster says recreational drugs are often “used without medical justification” because of their effects.

Experts also say that cannabis for adults is used to make healthier life choices, such as improving mental health effective alternative to alcoholand can be used for spiritual practiceas shown by recent research.

According to Good Rx, medicinal and recreational cannabis are the two categories of cannabis that have been legalized by some US states.

If voters approve the amendment in November, Florida would have the 25th state to legalize marijuana use for fun and not just for medical use. Users would still be required to purchase their weed from licensed dispensaries.

The proposed change would do the following:

Prevent the legislature from limiting the tetrahydrocannabinol (THC) percentage of marijuana.
Legalize marijuana for adults 21 and older for personal use.
Legalize the possession, use, processing and transportation of marijuana, marijuana products and marijuana accessories.
Preserve the current medical marijuana law by repealing it Note 1 A. of 2020 Florida Statute 381.986otherwise it would expire six months after “a constitutional amendment relating to cannabis or marijuana is adopted.”
Prevent the legislature from limiting the tetrahydrocannabinol (THC) percentage of marijuana.

If Amendment 3 passes, will you be able to smoke marijuana anywhere? No

Despite comments from the governor and other critics, adults are not allowed to smoke in public wherever they want.

According to Amendment 3’s own voting languageconsistent legislation would be possible. Even if the amendment wins in the November election, marijuana won’t immediately become legal in Florida.

The process of holding a successful referendum and turning it into law can take months and months. Even if the referendum passes, state legislatures must make decisions on how exactly to implement the law, including specific rules on the amount of marijuana that can be purchased at one time, potency limits, rules around marketing and other concerns that arise occur during the elections. process, such as where smoking is allowed.

Florida’s 2025 regular legislative session begins on March 4 and ends on May 2.

Smart & Safe Florida also shared on its site that the Legislature retains power to establish regulations that ensure clean, family-friendly public spaces, just as they do with tobacco and alcohol.

“Smart & Safe Florida is committed to ensuring safe access to cannabis products while giving the Legislature the authority to enact comprehensive regulations ranging from cultivation to consumption, including where people can or cannot smoke in public. Such protections are common when implementing any policy in our state, regardless of sector.” said Smart & Safe Florida spokesperson Morgan Hill earlier this year.

Is weed legal in Florida?

Yes, marijuana is legal, but only in certain cases.

Marijuana is currently only legal in Florida for those who have a Medical marijuana ID cardwhich is given to those who have been diagnosed by a doctor with a qualifying condition and who can afford it. The medical marijuana amendment was passed by Florida voters in 2016 by a vote of 71% to 29%.

To get a medical marijuana card in Florida is a three-step process that involves obtaining a diagnosis by a qualified physician for certain medical conditions, registering with Florida’s Medical Marijuana Use Registry, and obtaining a registration ID.

Cards cost $75 and must be renewed each year within 45 days of card expiration, for an additional $75 on top of any potential doctor visit costs.

While it is still legal to possess in public, you can’t smoke medical marijuana anywhere in public or in vehicles.

Possession of marijuana is still a crime under Florida law for those without a card. Anyone with 20 grams or less of marijuana faces up to a year in prison and a fine of up to $1,000.

If marijuana becomes legal, would people with a Medical Marijuana Card still need it?

Yes.

“The addition of adult use, if passed, is just that: an addition,” Hill said in an email earlier this year. “The medical marijuana program will remain unchanged. In fact, there will be continued opportunities for the state legislature to improve the medical program in the years to come.”

If the amendment is adopted, that will happen It is still a matter for the Florida Legislature to establish rules and regulations for its sale, and lawmakers may decide to place more restrictions on recreational marijuana than the medical variety, as other states have done.

The potency would be the same, but it may cost more and there may be limits on how much you can buy.

“It is possible that, as has been done in other states, the Legislature could make specific provisions to ensure that the medical patient experience is not disrupted by adult-use customers,” Hill said.

When does early voting start? Final deadlines to remember ahead of the 2024 Florida general election

Early voting has already started! There are only two more important dates to remember this election season:

Tuesday November 5: Election Day. Polls are open from 7am to 7pm in your time zone. Any voters still in line at 7 p.m. will be allowed to vote, however long that takes.
Saturday November 2: Early voting ends statewide; However, some provinces offer an extra day on November 3.

Contributions: CA bridgesUSA TODAY NETWORK – Florida