Florida marijuana laws: What to know about the state’s history of legalization attempts

Floridians this year could become the 25th state where recreational marijuana is legal — if the Florida Supreme Court approves the Adult Personal Use of Marijuana ballot initiative.

Even though Gov. Ron DeSantis said there could be a “big problem” with weed stinking up public places, he also predicted the amendment would make it to the November ballot. Right now, the Florida Supreme Court has until April 1 to approve the ballot initiative, which would decriminalize marijuana for adults 21 and over under state law. Marijuana would still be outlawed federally if voters end up passing the referendum with a 60 percent majority. Marijuana laws have evolved in Florida over the past decade as pro-cannabis activists have quarreled with the status quo to make weed accessible to more Floridians, even without a medical card.

More: Who can and can’t get a medical marijuana card in Florida? Here’s everything you need to know

Here’s how Florida’s marijuana laws have progressed over the past decade:

Limited medical marijuana legalized 2014

The 2014 Compassionate Use Act legalizes low-THC medical cannabis for patients with cancer and epilepsy.

Amendment 2 referendum fails 2014

The expansive medical marijuana that passed two years later failed the first time it was attempted in 2014. Needing a supermajority of 60 percent of voters to approve the amendment, the measure only received just over 57 percent, leaving activists to regroup.

Full strength medical marijuana legalized 2016

In 2016, the Right to Try Act allows full strength marijuana for patients with terminal conditions. Prior to the law, only low-THC strains of marijuana had been allowed for those patients.

Medical marijuana expanded further 2016

In 2016, the Florida Medical marijuana Legalization Initiative referendum passed with 71.3% of the vote, expanding medical marijuana program. The legislature implemented the law in summer of 2017.

Previously, only those with terminal conditions were allowed access to medical marijuana. Under the new law, marijuana access was extended to those with conditions such as HIV, PTSD, ALS, Crohn’s disease, Parkinson’s disease and multiple sclerosis.

Smoking weed legalized for medical users 2019

By 2019, the Florida legislature reversed previous bans on smokable forms of marijuana along with THC vaping under medical marijuana program.

Recreational marijuana petition fails 2021

Two years before the petition now being considered by the Florida Supreme Court received enough signatures to be placed on the ballot, a similar one was rejected by justices who said the language was misleading.

Activists gathered more than 556,000 signatures out of the 891,589 needed for the measure to make the 2022 ballot before the court ruled the amendment’s language failed to clarify marijuana would still be illegal under federal rules.

Recreational marijuana petition 2023

Hoping to overcome the earlier setback, Smart and Safe Florida collected over a million petition signatures to put adult personal use of marijuana legalization on the 2024 ballot.

Although activists have included language in this latest petition to clarify that the state law will not override federal rules against marijuana, the state of Florida is still challenging the petition, hoping to keep it from reaching the ballot in the November 2024 election.

The state again has argued before the Supreme Court that the amendment fails to accurately inform voters that marijuana would still be illegal under federal law.

More: DeSantis predicts Florida will vote on recreational marijuana in 2024, site says

When does the Florida Supreme Court have to decide?

Florida Supreme Court justices have until April 1 to approve the amendment language for November’s ballot. Even though Gov. Ron DeSantis has voiced concerns over the smell of marijuana smoke proliferating in public spaces should it become decriminalized, he also predicted the court will approve the measure.