“They are not spending $100 million because they want to benefit you or they want to benefit the state of Florida.”
By Mitch Perry, Florida Phoenix
With Floridians now actively voting on the proposed constitutional amendment to legalize recreational cannabis for adults 21 and older, Gov. Ron DeSantis (R) made a direct appeal to weed enthusiasts on Thursday by arguing the measure won’t really help them, but instead would only boost the fortunes of one particular marijuana company.
“If you’re against marijuana use generally, this is an easy no, right?” the governor asked while making his pitch at the Grace Baptist Church in Cape Coral. “But even if you’re somebody who is more open to it, this is the last way that you would want to go about doing it.”
The governor went on to list reasons why the public should oppose the measure during a panel discussion that featured Florida Surgeon General Dr. Joseph Ladapo, Hardee County Sheriff Vent Crawford, a woman who has lost two children to drug abuse, and a local taco entrepreneur.
With just 12 days to go before Election Day, DeSantis was intent on getting his message out that the passage of Amendment 3 in his opinion would benefit one entity—Trulieve, the largest medical marijuana company in Florida.
“This is a weed company that is publicly traded on the Canadian Stock Exchange,” he said.
“As a CEO of a publicly traded company, you have a fiduciary duty to maximize value of your shareholders. So, when this amendment is being written, this amendment is being written to benefit this one big weed company. It is not meant to benefit you. It is not meant to benefit the state. If they did anything other than benefitting themselves, it would be a violation of their business responsibilities. They are not spending $100 million because they want to benefit you or they want to benefit the state of Florida.”
There is no question that Trulieve would benefit if Amendment 3 passes, but it is by no means the only company in the state that could see revenues grow—25 companies are licensed to sell medical marijuana in the state, with another 22 licenses pending approval from the governor’s office.
DeSantis once again expressed outrage that the amendment does not allow individuals to grow their own cannabis, known as “home grow” or home cultivation. That is against the law in Florida, and courts have struck down attempts to legalize such procedures.
Kim Rivers, Trulieve’s CEO, told the Phoenix in Tampa on Tuesday that her company supports “home grow” and hopes the legislature passes such a law allowing for its use next year.
DeSantis also said that he’s heard the mantra from cannabis supporters that nobody should be jailed for using the plant but dismissed that concern as a phony argument.
Florida Department of Corrections Secretary Ricky Dixon told him that “not a single person” is imprisoned in Florida for possessing or smoking cannabis,” DeSantis said. But while they might not be imprisoned for having cannabis on their person, they are still being charged. The Tampa Bay Times reported in July that prosecutors in the state filed more than 16,000 charges against people for possession of small amounts of marijuana in 2023.
The governor grew animated over Section 4 of the full text of the amendment, which says: “The non-medical personal use of marijuana products and marijuana accessories by an adult, as defined below, in compliance with this section is not subject to any criminal or civil liability or sanctions under Florida law.”
“If they produce defective weed, and you have a seizure, are you able to sue them?” DeSantis asked aloud while reading the text.
“Not according to this! This says ‘No liability.’ It didn’t say, ‘Well, they’re still liable for negligence and product liability.’ No! Distributing: If they’ve got weed in one of their trucks and they’re bringing it to a dispensary and they run over some kid, is the family going to be able to sue for them? Not according to this. This is blanket immunity language. This is something that has never been done in the state Constitution in our history.”
He added: “This is a grotesque attempt to shield this one company and this one industry from any accountability or any type of liability.”
State law liability
Smart & Safe Florida, the advocacy group behind Amendment 3, insists the proposal does nothing more than apply the same state-law liability provisions now in place for medical marijuana to adult use. The group maintains that the provisions of Section 4 “are designed to and have the sole effect of allowing the use, cultivation, and sale of marijuana for adult use in light of its current illegal status. Without those provisions, the rights granted in Amendment 3 would be meaningless.”
The group adds in an email to the Phoenix that “those provisions do not and cannot provide immunity for other ancillary conduct such as negligent manufacturing, unlawful sales to minors, delivery vehicle accidents, or consumers driving while impaired. Any suggestion to the contrary is false.”
DeSantis blasted advocates who contend passage of the amendment would provide additional tax dollars to the state to fund education, law enforcement, or other state programs, insisting the proposal says no such thing.
While the measure doesn’t specify where the tax revenues from sales of recreational cannabis would go, the fact is that the nonpartisan Florida Financial Impact Estimating Conference said in July that, based on other states’ experience, if Amendment 3 is passes, expected retail sales of non-medical marijuana in Florida would generate at least $195.6 million annually in state and local taxes once the retail market is fully operational. It could go as high as $431 million.
DeSantis said that didn’t account for what he predicted would be a decline in tourism if the passage were to pass. “This is a dynamic situation. Don’t tell me people are going to want to come to Florida if all the beaches reek of marijuana. That is going to hurt this state. That would not be good.”
However, there’s no indication that anyone legally would be smoking cannabis on state beaches. A 2022 law (HB 105) allows local municipalities and counties to restrict smoking at public beaches and public parks. And Sarasota County Republican state Sen. Joe Gruters, the only Republican in the legislature to publicly endorse the proposal, has filed legislation for the 2025 session that would ban smoking in all public places in Florida.
Schizophrenia
In making his case against the amendment, Ladapo cited studies linking marijuana to increases in the incidence of schizophrenia in young people. “People don’t know it because we have a media that wants you drugged out. They want you drugged out because hey, guess what? You’re easier to control. You’re way more controllable when you’re drugged out.”
“It’s going to be legal in the state of Florida to kill our children’s brains after 21 years of age,” Sheriff Crawford said. He predicted a need to hire more police officers to deal with problems emerging from legalization of cannabis.
Smart & Safe Florida responded to DeSantis’ comments later on Thursday.
“The opposition is desperately trying to confuse voters by spreading lies about Amendment 3,” said Morgan Hill, a spokesperson for the organization.
“Amendment 3 is about expanding individual freedoms and protecting Floridians. When we legalize recreational marijuana for adults, Floridians will no longer be at risk of going to jail for possession of small amounts of marijuana and we will ensure they have access to safe, lab-tested products. That’s what Amendment 3 is all about. Period.”
For Amendment 3 to pass, 60 percent of the voting public must approve. As the Phoenix has previously reported, only three out of the 15 states that put the measure on the ballot (out of the 24 that now allow recreational cannabis) saw the proposal pass with more than 60 percent.
An Emerson College/The Hill survey released this week shows Amendment 3 getting exactly 60 percent, with 34 percent opposed. A University of North Florida Public Opinion Research Lab survey released over the weekend showed the measure getting 66 percent support with 32 percent opposed. A Mason-Dixon Polling & Strategy poll has the measure with 58 percent supporting and 35 percent opposing.
This story was first published by Florida Phoenix.
Photo courtesy of Mike Latimer.
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