Florida voters have turned down the proposed constitutional amendment to legalize recreational marijuana, ending one of the most high-profile and costly ballot measures in the nation.
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With nearly all votes counted, Decision Desk HQ and the Associated Press confirmed that Amendment 3 fell short of the 60% approval required to pass, despite garnering 55.8% support. Governor Ron DeSantis also announced the amendment’s defeat.
The group behind the initiative, Smart & Safe Florida, acknowledged the loss on Tuesday night. “While the results of Amendment 3 did not clear the 60% threshold, we are eager to work with the governor and legislative leaders who agree with us on decriminalizing recreational marijuana for adults, addressing public consumption, continuing our focus on child safety, and expanding access to safe marijuana through home grow,” they shared in an email.
If passed, Amendment 3 would have permitted adults 21 and over to possess up to three ounces of marijuana or five grams in concentrated form. Many polls suggested the measure was likely to pass, making its defeat one of the more surprising moments of Florida’s 2024 election. The stakes were high, with significant revenue from tax dollars and business investments on the line.
Florida’s largest medical marijuana operator, Trulieve, poured substantial funds into backing the amendment, providing most of the $150 million raised by Smart & Safe Florida. This heavy investment sparked criticism from Governor DeSantis, who accused Trulieve of attempting to create a “cartel” through the state constitution. Trulieve repeatedly refuted these claims, along with other criticisms targeting the amendment and the company’s involvement.
Even though Trulieve was positioned to lead the recreational market, Florida currently has 24 medical marijuana companies, with 22 additional licenses available through the DeSantis administration. Other cannabis companies, such as Curaleaf, had also spent tens of millions in anticipation of the amendment’s passage.
Although the amendment would have allowed current medical providers to sell recreational products, it also included provisions for the Legislature to license other entities. Nevertheless, those plans are now moot. The opposition campaign, Vote No on 3, celebrated on social media, stating, “Even after spending over $150 million — the most in any drug legalization effort in American history — the people of Florida saw through Amendment 3's web of deception and defeated this corporate power grab.”
Trulieve’s funding was ultimately no match for the efforts against the amendment, which included extensive advertising and public opposition from DeSantis, even as former President Donald Trump publicly supported the measure. The state also invested in numerous ads and anti-legalization press conferences led by the governor. Opponents argued that the state legislature would be unable to regulate recreational marijuana if the amendment passed, a claim that contributed to its rejection.
Reflecting on the campaign, Trulieve CEO Kim Rivers said, “Proud to have fought the fight — we left it all on the field. Looking forward to working with the Legislature on the next steps to ensure safe access to marijuana for adults in Florida, decriminalization for personal possession and home grow.”
In Florida, a 2006 amendment raised the approval threshold for constitutional changes from 50% to 60%, making it notably challenging for initiatives like Amendment 3 to secure a win.
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