Why Is Recreational Marijuana Not Legal In Florida?

In the recent November 2020 election, four states – Arizona, Montana, New Jersey and South Dakota – have now joined 11 other states across the U.S. that have legalized recreational marijuana. Florida, however, is not one of them.

In November 2016, Florida passed legislation allowing for the use of Medical Marijuana. Patients who are able to qualify for a medical card, must have an underlying condition that marijuana can be used to treat. According to Bloomberg, Florida’s Medical Marijuana industry saw sales growth of 93% in 2019.  

Recreational Cannabis sales are big business in the U.S. to the tune of almost 12 billion dollars. By 2024, that number will be close to 25 billion dollars. Groups such as Make It Legal Florida have been working to collect enough signatures that would result in putting the legalization of recreational use on the 2022 ballot. They were unable to do so in time for 2020. 

A complicating factor is the federal law against the legalization of marijuana. The Federal Drug Enforcement Administration has determined the use of marijuana to “have a high potential for abuse/addiction… with the exception of marijuana for medical use.”  Florida lawmakers were able to block the 2020 potential amendment stating the potential conflict with federal drug laws, under the U.S. Constitution’s “Supremacy Clause.” In the past, state laws have not called on the State Supreme Court to determine whether proposed amendments might be invalid under the U.S. Constitution.

The main opponent is Florida’s Republican governor, Ron DeSantis. A known prohibitionist, he has gone on record saying he would never support a cannabis legalization effort. His claims that the use of cannabis is harmful to both teens and young adults seems irrelevant when the proposed bills calling for legalization are focused on access only by adults over the age of 21. Many believe DeSantis is subverting the will of the people with 71 percent of Floridian voters having approved the 2016 medical marijuana amendment and, according to a Quinnipiac University poll, more than 65 percent support the legalization of recreational cannabis.

On a national level, Gallup Poll results show that 68% of Americans agree with the Legalization of marijuana. Both blue and red states have voted to legalize recreational marijuana. It is no longer a primarily partisan issue. However, Democrats in the U.S. House of Representatives intends to vote onThe Marijuana Opportunity Reinvestment and Expungement Act (known as the MORE Act) in December 2020 to decriminalize Marijuana. Sponsored by the Vice-President Elect Kamala Harris, the bill is co-sponsored by Elizabeth Warren, Cory Booker, and Kirsten Gillibrand. President-elect Joe Biden also says he supports decriminalization. If Federal Law changes, then state law will follow.

Though the majority of the nation may support legalization, it may be that more education about the benefits of cannabis is needed to get more Florida voters and conservative politicians on board with the idea of recreational legalization. Meanwhile, Make it Legal Florida has gathered more than 700,000 signed petitions in their continuing effort to legalize recreational marijuana. Their focus has shifted to the 2022 Midterms. 

Additionally, State Senator Jeff Brandes (R) of St. Petersburg introduced a bill in the 2020 Legislature to make marijuana available for adult use. However, it, too, failed. Another bill  introduced by state Representative Carlos G. Smith (D) Orlando, also did not pass. Though they both plan to reintroduce the same legislation again in the 2021 session, neither are hopeful it will make it through the State Legislature.

A Duke University report found that Florida could reduce the amount of money it spends yearly prosecuting marijuana crime by $25.5 million and, at the same time, increase tax revenue by $120 million – all by legalizing marijuana.The study also found that tax revenues could annually increase to $200.5 million.

Since legalizing medical marijuana, Florida residents have become accustomed to medical marijuana treatment centers in close proximity to their salons and cafes. There are almost 300 of them across the state. LifeCann MD and Dr. Fernando Fandino-Sende allows individuals to obtain their Medical Marijuana cards in three easy steps. 

Once a patient has contacted LifefCannMD at (833) 543-3226 or online at www.lifecannmd.com, the team will listen to a patient’s individual circumstance conducting a no-risk consultation. The next step consists of receiving a medical recommendation from Dr. Sende, himself who is uniquely qualified to make professional recommendations that enable the receipt of a medical marijuana card from the state of Florida. The final step is completing an application, registering with the Florida Department of Health and paying the $75 application fee.

Florida’s top-rated medical marijuana referral clinic has served over 5,000 satisfied patients and their recommendations have helped a number of patients out of pain and illness.

For more information, please visit www.lifecannmd.com, email monika@lifecannmd.com or call (833) 543-3226.