Licensing Blog

Florida’s Supreme Court Approves Marijuana Legalization Ballot Initiative

Florida’s Supreme Court Approves Marijuana Legalization Ballot Initiative

Back in February, we discussed Governor Ron DeSantis’s groundbreaking announcement that the Marijuana Legalization Initiative, a proposed amendment to Florida’s constitution, could be placed on the statewide ballot. This Monday, April 1st, 2024, the Florida Supreme Court announced that voters will have the choice to vote to legalize recreational use of marijuana on the state’s ballot in November.

The Amendment

The proposed amendment, titled “Adult Personal Use of Marijuana,” would permit adults 21 years and older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise. It would also allow existing medical cannabis companies, MMTCs, to expand their operations to cater to adults 21 and older. Under the proposed constitutional amendment, adults would be permitted to buy and possess up to three (3) ounces of cannabis and five (5) grams of marijuana concentrate products.

What’s Next

Now that the initiative is getting placed on the state’s ballots, the focus shifts to whether it will receive the required 60% approval from voters to pass. Supporters welcome this progressive step in Florida’s cannabis industry; however, critics, including Attorney General Ashley Moody (R), are concerned with whether voters will be deceived by seeing it on the ballot.

Florida’s Justices noted the amendment does not yet address the Department of Health’s existing authority to issue reasonable regulations. However, the legislature already has legislative authority from the existing constitutional amendment and the Florida Department of Health already has rulemaking authority as well. These regulations would concern important regulations like recreational use while at a certain distance from schools and whether consumers may use indoors.

If approved by 60% of voters, the amendment would take effect six (6) months thereafter. Governor DeSantis still opposes legalization, as he did when he announced the likelihood of Florida voters seeing it on the ballot this year.


Florida voters will take to the polls this November and voice their opinion on the legalization of recreational marijuana use for adults 21 and over. This is a substantial stride forward for Florida’s cannabis market. While this won’t be the final step in legalization for The Sunshine State, supporters appreciate the progress.

For those operating in the cannabis industry, it is important to understand the potential impact of the marijuana legalization initiative. If you would like to discuss how the Marijuana Legalization Ballot Initiative may affect your operations, contact our Team today!