What happens if Florida legalizes recreational Marijuana?
Should people be allowed to use recreational marijuana in Florida?
Medical marijuana is already legalized in the state. Now, voters in November will get the chance to decide on whether anyone 21 and older could legally smoke or ingest marijuana for fun.
At least 60% of Floridians would need to approve the measure for it to become law. But even if they do, that won’t mean people will be allowed to get high anywhere.
Here’s what to know:
What happens if Florida voters say yes to recreational marijuana?
If Florida voters support Amendment 3, adults 21 and older could legally buy and use up to 3 ounces of pot for personal use in the state. Dispensaries and other state licensed entities would also be able to "acquire, cultivate, process, manufacture, sell, and distribute" cannabis products and accessories.
Now, only medical marijuana is legal in Florida for qualifying patients who have a medical marijuana card. People 18 and older in Florida are also allowed to buy CBD products, including oils and topicals, from authorized sellers if the product has 0.3% or less of THC and was extracted from the hemp plant. You must be at least 21 to buy and use CBD inhalants and vapes.
CBD, or Cannabidiol, is an ingredient found in cannabis, but it doesn’t cause a high by itself, according to the U.S. Centers for Disease Control and Prevention. THC is the substance that makes you feel high when you smoke marijuana or eat an edible.
Where could you buy marijuana if the amendment is approved?
If voters say yes to recreational marijuana, that doesn’t mean you’ll be able to buy weed at your local supermarket or pharmacy like you would CBD-infused products like shampoo and lotions.
Federally, marijuana is still classified as a Schedule 1 controlled substance, which means pharmacies are prohibited from dispensing it, even for medical use. This means you won’t be able to get marijuana at CVS, Navarro, Walgreens or at retail pharmacies, including Publix and Walmart.
Instead, you’ll have to go to a licensed dispensary, just like people with medical marijuana cards do.
“Like other retailers, we will monitor the latest developments as well as listen to the views of our customers,” said Meredith Hurley, senior director of communications for Jacksonville-based Southeastern Grocers, the parent company of Winn-Dixie. In March, Aldi completed the acquisition of Winn-Dixie stores and Winn-Dixie closed its pharmacies.
Who would sell recreational marijuana in Florida?
Florida now has 25 licensed dispensaries and the state plans to issue another 22 licenses soon, according to Dustin Robinson, founding partner of Mr. Cannabis Law, a law firm with offices in Fort Lauderdale, New York, California and Maryland.
Florida’s Office of Medical Marijuana has an online locator people can use to find a licensed medical marijuana treatment center near them. If the recreational marijuana amendment passes, these dispensaries could also sell marijuana to anyone 21 and older.
And in case you’re wondering, Green Thumb Industries is still not selling medical marijuana at Circle K stores in Florida.
The cannabis producer in 2022 announced an agreement with Circle K to rent space at some of the gas station’s Florida stores to open RISE Express dispensaries, with plans to sell cannabis products. However, it has yet to receive Florida’s approval.
“This is pending litigation and the department cannot comment on pending litigation,” Jae Williams, spokesman for Florida’s Department of Health, told the Miami Herald.
Could you smoke marijuana at college? What about malls and restaurants?
No dope on college campuses, even if voters give the OK to recreational marijuana. South Florida college campuses, including the University of Miami, Florida International University and Miami Dade College, are smoke-free and vape-free. Medical marijuana is also not allowed.
That’s because marijuana, even if used for medical reasons, is federally classified as a Schedule 1 controlled substance. It remains illegal on the federal level, which means cannabis is barred from colleges and universities that receive federal funds.
Similarly, malls and restaurants usually have an indoor smoking ban. And again, under Florida law, you can’t smoke medical marijuana in public. If the recreational marijuana amendment passes, Robinson expects the state, like others, will ban smoking of recreational marijuana in public places. In California, for example, people can’t smoke marijuana in public places, such as the beach, at restaurants or parks.
But Robinson notes that in some states that have made recreational marijuana legal, restaurants were eventually given the option to apply for a “social consumption lounge license,” which would let people consume marijuana on restaurant property. While this is not being considered currently in Florida, if the recreational amendment passes, Robinson said he wouldn’t be surprised if this license would eventually be proposed in Florida.
Could you smoke marijuana or eat an edible during a work break?
Your boss likely won’t want you high at work. However, whether you can smoke marijuana or not will depend on your employer’s drug policy, according to Robinson.
Some states provide employment protections for people who use medical or recreational marijuana, but Florida, at the moment, doesn’t, according to Robinson. The amendment wouldn’t change this.
Can you use marijuana at the park? What about on the beach?
Florida law prohibits smoking tobacco in most public and private businesses, including restaurants. People are also not allowed to smoke medical marijuana in public, a position Robinson doesn’t expect will change, even if recreational marijuana were to be approved.
Plus, cities could also make their own restrictions.
Miami Beach, for example, prohibits smoking at parks and beaches. The smoking ban includes cigarettes and marijuana.
If recreational marijuana is approved, the city would review the new law to see if it could still enforce its smoking ban, said Miami Beach spokeswoman Melissa Berthier. She also gave an example of how the city still prohibits alcohol in certain public places, such as the beach, even though people 21 and older can legally buy and drink alcohol.
Can you drive a car or boat under the influence?
Even if the recreational marijuana amendment passes, it would still be illegal to operate a vehicle, aircraft, train or boat while under the influence of marijuana.
Can you smoke recreational marijuana on a cruise? What about on a plane?
Even if Florida voters were to approve the usage of recreational marijuana, it doesn’t mean you could use weed while on a cruise or on a plane. That’s because airlines and cruise companies have their own policies.
Smoking is a no-no on flights. And the consensus among popular Miami-based cruise lines, including Carnival and Royal Caribbean, as well as with Disney Cruise Lines, is also no. Cruise lines prohibit you from taking CBD oil and products or marijuana, including medical marijuana, on your cruise.
