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Florida puts recreational marijuana on the ballot – NBC 6 South Florida
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Florida puts recreational marijuana on the ballot – NBC 6 South Florida

On November 5, Florida residents will not only elect the president. They will also decide on the legalization of marijuana for recreational use – and on five other changes to the law.

Here we explain Amendment 3, its impact, and what Florida currently allows.

What is that?

Amendment 3 asks voters whether Florida should legalize recreational use of marijuana for adults ages 21 and older, and the possession of up to three ounces of marijuana and up to five grams of concentrate.

According to the Marijuana Policy Project, this would also allow the state to issue more licenses and regulate cannabis use more tightly. Lawmakers would also need to create a framework for regulatory standards and for the time, place and manner in which marijuana can be consumed.

The summary you’ll find on the ballot is: “Allows adults 21 years of age or older to possess, purchase, or use marijuana products and marijuana paraphernalia for non-medical personal use by smoking, ingestion, or otherwise; permits medical marijuana treatment centers and other state-licensed facilities to acquire, cultivate, process, manufacture, sell, and distribute such products and paraphernalia. Applies to Florida law; does not modify or immunize violations of federal law. Establishes possession limits for personal use. Allows for uniform legislation. Defines terms. Specifies effective date.”

A “yes” vote supports amending the Florida Constitution to include language that would legalize marijuana for adult use. A “no” vote opposes the inclusion of that language.

The new law would come into force six months after its adoption.

What is the current status?

Medical marijuana has been legal in Florida since 2016 for people with certain medical conditions who have a medical marijuana card, but possession and recreational use are illegal.

However, in Florida, there are “local jurisdictions that have enacted municipal laws or ordinances that decriminalize, in whole or in part, minor offenses related to possession of cannabis,” according to NORML, an organization that advocates for marijuana legalization.

Selling or possessing 20 grams or less of marijuana is a misdemeanor punishable by a maximum penalty of one year in prison and a fine of up to $5,000, NORML describes. Anything beyond that is a felony.

And in February, smoking marijuana in public in Miami Beach was punishable by up to 60 days in jail and a $500 fine.

How many votes are needed for Amendment 3 to be adopted?

For Amendment 3 to be adopted, at least 60 percent of voters must vote yes.

Effects

“Existing medical marijuana treatment centers would be authorized under the initiative to sell marijuana for personal use to adults,” Ballotpedia says, but Amendment 3 could pave the way for others to grow and sell marijuana products.

It also raises questions about expungement (removal of marijuana offenses from criminal records) and growing the plant at home.

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