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Law Florida

This is very sad, IMO

Marijuana amendment approved by more than 50% of voters but failed. Why did that happen?

After months of legal battles, campaigns, and a full-court press against it by Gov. Ron DeSantis, the recreational marijuana amendment appears to have failed to pass. Recreational weed remains illegal in Florida.

But it got 55.9% of the vote, according to the unofficial returns as of 8:00 a.m. Wednesday morning. Why wasn't that good enough?

2024 Florida election results: President, amendments, congress, state legislature

Florida added higher threshold for amendment approval​

Most states require a simple majority vote to pass ballot measures.

So did Florida, until a 2006 constitutional amendment passed, changing the threshold for voter approval to 60%. Ironically, it passed with only 57.78% of the vote, one of the last amendments that will ever do so in the state.

Supporters claimed that well-financed special interest groups were pushing through changes to the Florida Constitution to protect their interests. Critics said the ballot initiative process was necessary as a vital check on government, especially if gerrymandering creates election-proof legislators.


So now even if a majority passes a constitutional amendment, the vote must be 60% or more for the amendment to be approved. It could have been tougher.

Last year, a bill put forward by Rep. Rick Roth, R-West Palm Beach, would have made it even harder to pass amendments by changing it to a two-thirds, "66.67%" majority. A similar bill, from Sen. Joe Gruters, R-Sarasota, would have done the same but also allowed voters to repeal previous amendments with the same percentage of votes as was required when the amendments were first passed, making it harder to pass new ones and easier to get rid of older ones.

Both bills died in committees.

Is marijuana legal in Florida?​

Yes, but only for some people.

Medical marijuana is legal in Florida for residents diagnosed with a specific set of conditions who have applied for and received a Medical Marijuana ID Card or caregivers who have received a Medical Marijuana Caregiver Card.

The qualifying conditions for medical marijuana are currently:

  • Cancer
  • Epilepsy
  • Glaucoma
  • HIV (human immunodeficiency virus)
  • AIDS (Acquired immune deficiency syndrome)
  • PTSD (post-traumatic stress disorder)
  • ALS (amyotrophic lateral sclerosis)
  • Crohn's disease
  • Parkinson's disease
  • Multiple sclerosis
  • Comparable medical conditions or status to the above
  • A terminal condition
  • Chronic nonmalignant pain
Without a Medical Marijuana Card or Medical Marijuana Caregiver Card, if you are caught with pot, you may face fines and prison time under Florida law.

The amendment would have made recreational marijuana legal for adults over 21, with some restrictions.
 

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