With 56% of Floridians voting in favor of Amendment 3, it’s clear that adult-use cannabis has strong support. To put it in perspective, Donald Trump received 56.1% of the Florida vote — a fraction more than Amendment 3’s 55.9%. But because of Florida’s 60% threshold for constitutional amendments and a governor staunchly opposed, we fell short.
This setback is disappointing, but it doesn’t discourage the path forward. Adult-use cannabis in Florida isn’t a matter of “if” but “when.” The Legislature now has a mandate from a majority of voters to take this issue seriously.
Although adult-use legalization would have boosted business for existing licensed operators (known as Medical Marijuana Treatment Centers or MMTCs), growth will continue regardless. Florida already hosts the largest medical marijuana market in the nation, and it’s expanding rapidly. Existing MMTCs will continue to strengthen their presence and expand their footprint.
The opposition’s concerns centered around the amendment’s wording, not adult use itself. The governor and other prominent voices rallied opposition, often leaning on outdated stereotypes and misleading arguments reminiscent of Reefer Madness narratives from the 1930s. Voters were flooded with misinformation and the campaign exploited lingering fears and confusion about cannabis.
Opponents argued that cannabis legalization would create a monopoly and encourage “corporate greed,” yet there are 25 MMTCs in Florida, with 22 more licenses expected to be awarded by year-end. If Amendment 3 had passed, it would’ve enabled even more licenses.
Another tactic involved the suggestion that legalization would “stink up parks” or worsen public spaces. But the amendment gave lawmakers the authority to regulate public use, just as they do for tobacco and alcohol. Additionally, an estimated 10,000-plus smoke/vape shops across Florida already sell intoxicating hemp products, which lack the strict safety standards applied to medical cannabis. Ironically, these retailers are already selling raw cannabis flower and pre-rolled joints that emit a strong odor.
Public concerns were further heightened by the visibility of these retailers. Located in nearly every strip mall and shopping center across Florida, these establishments (with their neon signs, flashy displays and cannabis leaves plastered on store windows) may have led some voters to mistakenly associate them with MMTCs, reinforcing negative perceptions.
For those worried about the impact on teens, peer-reviewed research from the American Medical Association found that teen usage declines in states where adult-use cannabis is legalized. When we regulate, we control access and improve public safety. Without regulation, we only leave a vacuum to be filled by those operating outside of the law.
Ultimately, the biggest loss from Amendment 3’s defeat is for Florida itself: billions of dollars in potential tax revenue and a safer cannabis industry. Compared to the minimally regulated, intoxicating hemp products sold at smoke shops, regulated cannabis is much safer. MMTCs must adhere to strict standards, which include testing every retail batch with Certified Marijuana Testing Labs (CMTLs) for a wide range of contaminants. In contrast, these safety protocols do not apply to products available in smoke shops or gas stations. Regulated cannabis products also undergo thorough sampling by CMTL-approved couriers, who collect random, representative samples from each retail batch, preventing MMTCs from cherry-picking samples for testing.
Some silver linings are worth noting. The governor’s victory over Amendment 3 should result in additional support for the medical marijuana program. Also, the election helped expose the problem of intoxicating hemp products flooding the market. Florida’s leaders can no longer ignore the need for tighter regulations around these products. Regulated MMTCs in Florida, and the state’s tax base, are losing out while intoxicating hemp products continue to proliferate.
Florida’s majority-backed Amendment 3 represented justice, economic opportunity and sound public policy. It would have allowed Floridians safe access to cannabis, freed law enforcement to focus on more pressing crimes, and generated significant tax revenue. While this vote didn’t go our way, it’s only a delay. The majority of Floridians support adult use, and we’re closer than ever to achieving a regulatory environment that benefits all.
George Fernandez is the CEO of Modern Canna Laboratories.