Breaking Down Florida Amendments 3 and 4 So You’re Not Confused at the Polls

As Florida approaches the 2024 election, two of the most talked-about ballot measures are Florida Amendment 3 and 4. The former seeks to legalize the recreational use of marijuana for adults, while the latter seeks to enshrine the right to abortion in Florida’s state constitution, following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022, which left abortion regulations up to individual states.

While there’s a lot of misinformation and confusion around these amendments, we’re breaking down the actual facts and information so you can make an informed decision in November.

Florida Amendment 3, Marijuana Legalization Initiative

Florida Amendment 3 is a proposed amendment to the state constitution that would legalize the possession and personal use of marijuana for adults 21 years and older. If passed, it would allow adults to use marijuana recreationally, similar to what has been implemented in other states like California, Colorado and Oregon.

Key Provisions:

1. Legal Age: Only individuals 21 years or older would be allowed to legally possess and use marijuana for recreational purposes.
2. Possession Limits: Adults could possess up to a specific amount of marijuana for personal use. Though the exact limits may be specified in the final text of the amendment, the current amount is three ounces.
3. Home Cultivation: The amendment may allow for limited home cultivation of marijuana plants, similar to what’s been seen in other states with legal recreational use.
4. Retail Sales: The amendment would permit the sale of marijuana through licensed dispensaries. However, the Florida Legislature would have to create a regulatory framework for these sales, including taxes, licensing requirements, safety standards, etc.
5. Regulation: The existing regulatory body for medical marijuana, the Florida Department of Health’s Office of Medical Marijuana Use (OMMU), would likely oversee the expansion into recreational use, but the legislature would have to pass additional regulations for retail sales and distribution.
6. No Impact on Medical Marijuana: Medical marijuana use would remain legal and unaffected. Patients would continue to receive treatment through their medical cards, but recreational users would not need to register for the medical program.

Support for the Amendment

Who Supports It:

• Pro-legalization Advocates: Groups like Sensible Florida, which supports marijuana legalization, have backed the initiative. They argue that it aligns with evolving public opinion on marijuana, as the majority of Americans now support legalization, and should be treated in a similar manner as alcohol.
• Social Justice Advocates: Supporters of the amendment believe that legalization would help address racial disparities in drug enforcement. Black and Latino individuals have historically been disproportionately arrested for marijuana-related offenses.
• Economic Benefits: Advocates also highlight the potential economic benefits of legalizing marijuana, such as increased tax revenue, job creation, and the growth of a new industry within the state. States that have already legalized recreational marijuana have seen substantial revenue boosts.

Public Opinion:

• National trends show growing support for marijuana legalization, and Florida is no different. Recent polls indicate that a majority of Florida voters are open to the idea of legal recreational marijuana, which could translate into strong voter support for Amendment 3 in 2024.

Opposition to the Amendment

Who Opposes It:

• Conservative Groups: Some conservative political groups, including parts of the Republican Party, remain opposed to marijuana legalization. They argue that legalization would increase public health risks and lead to higher rates of drug use, especially among teens.
• Law Enforcement: Several law enforcement organizations oppose recreational marijuana legalization, raising concerns about impaired driving and the potential for increased crime related to the drug trade.
• Public Health Concerns: Critics, including some medical professionals, warn that marijuana can have negative health effects, particularly for younger users and those with mental health conditions. They caution that the legalization of recreational use may normalize marijuana and lead to higher usage rates among vulnerable populations.
• Federal Law Conflict: Marijuana remains illegal at the federal level, creating potential legal conflicts between state and federal law. Opponents argue that this inconsistency can complicate enforcement and regulation.

What Happens if It Passes?

To pass, it needs to meet a 60% supermajority vote. If Amendment 3 passes in 2024:

1. Effective Date: The amendment would go into effect after the election, likely in early 2025, though the specifics will depend on how quickly regulations are adopted by the state.
2. Regulatory Framework: The Florida Legislature would need to pass additional laws to regulate marijuana production, sales, and distribution, including taxation and licensing procedures.
3. Impact on Law Enforcement: Thousands of Floridians who have been convicted of low-level marijuana possession could see potential benefits in terms of criminal justice reforms, such as expungements or reduced penalties for past convictions.

Florida Amendment 4, Right to Abortion Initiative

Florida Amendment 4 is a citizen-initiated constitutional amendment that aims to guarantee a fundamental right to abortion in the state of Florida. If passed, it would protect a woman’s right to terminate a pregnancy before fetal viability, or when necessary to protect her life or health.

Key Provisions:

1. Right to Abortion: The amendment would establish a constitutional right to abortion, allowing a woman to choose to terminate a pregnancy up until the point of fetal viability. This viability is typically defined as the ability of the fetus to survive outside the womb, generally around 24 weeks.
2. Post-Viability Exceptions: After the point of fetal viability, abortions would only be permitted if the procedure is necessary to protect the life or physical health of the woman.
3. Impact on Existing Laws: If Amendment 4 passes, it would override any state laws that are more restrictive, including Florida’s current 15-week abortion ban, which was passed in 2022.
4. No Requirement for Government Funding: The amendment does not require public funds to be used for abortion services. It solely focuses on establishing a right to access abortion services in the state.

Support for the Amendment

Who Supports It?:

• Pro-Choice Advocates: Groups like Planned Parenthood and the ACLU of Florida have championed Amendment 4, arguing that it is essential to safeguard a woman’s right to make decisions about her reproductive health.
• Women’s Rights Advocates: Supporters assert that the amendment is crucial for protecting women’s autonomy over their bodies, especially following the Supreme Court’s decision to overturn federal protections for abortion under Roe v. Wade.
• Health and Safety Concerns: Proponents argue that restricting access to safe, legal abortions forces women to seek dangerous alternatives or travel out of state, which can disproportionately affect low-income women. Lack of options can also lead to severe disease or death in the case of childbirth complications, and Amendment 4 would give women more choices during delivery.

Public Opinion:

• Polling shows that a majority of Floridians support access to abortion, particularly in the early stages of pregnancy. This growing support may be reflected in the upcoming vote.

Opposition to the Amendment

Who Opposes It?:

• Pro-Life Groups: Organizations such as Florida Right to Life and conservative religious groups strongly oppose the amendment. They believe it will lead to the expansion of abortion access in the state and undermine efforts to protect fetal life.
• Religious Organizations: Many faith-based groups argue that life begins at conception and that the amendment would undermine their values and beliefs by allowing abortions to continue in Florida.
• Concerns About Viability: Opponents also raise concerns about the definition of viability and argue that advances in medical technology could move this date earlier, making abortions after a certain point ethically questionable.

State Lawmakers’ Opposition:

• Florida’s current political landscape is largely conservative, and many lawmakers have already enacted restrictions, such as the 15-week ban. These lawmakers are expected to oppose Amendment 4 vigorously.

What Happens if It Passes?

To pass, Amendment 4 will need to receive a 60% supermajority of the vote during the 2024 election. If Florida Amendment 4 is approved by voters:

1. Reaffirmation of Abortion Rights: The amendment would effectively restore protections similar to those provided by Roe v. Wade, making it difficult for future state legislatures to pass restrictive abortion laws.
2. Overturn of Existing Laws: Current restrictions, such as Florida’s 15-week abortion ban, would be rendered unconstitutional under the state’s new legal framework. This means Florida would likely see fewer restrictions on abortion services.
3. Impact on Women’s Health: Supporters argue that passing the amendment would ensure that women in Florida have access to safe and legal abortion care, while opponents fear it could increase the number of abortions performed in the state.