Voters rejected Florida’s Amendment 3, which sought to legalize the recreational use of marijuana for adults 21 and older on Tuesday, Nov. 5. The amendment was expected to generate at least $195.6 million for the state, creating new opportunities for businesses, but some smoke shop owners believed the expanding market would threaten their business instead of benefiting it.
If passed, the amendment would allow existing medical marijuana dispensaries to sell cannabis recreationally, as well as create opportunities for state-licensed entities “to acquire, cultivate, process, manufacture, sell and distribute such products and accessories,” according to the Florida Department of State.
These already-established medical marijuana businesses were well-positioned if the sale of recreational cannabis was legalized, given the tedious licensing process.
This was the main reason why Justin, a store associate for Lifted Smoke Shop, opposed Amendment 3.
“If it were to pass, only the same people that have the license are able to sell marijuana,” he said. “So these people can just jack up the price however much they want because, to even get that card, it’s basically almost impossible.”
To sell medical marijuana in Florida, a company must first obtain a Medical Marijuana Treatment Center license. Candidates for this MMTC license must be registered to conduct business in Florida for at least five consecutive years and pay a non-refundable application fee of $146,000, an increase from the previous fee of $60,830.
Approved applicants are required to renew their license once every two years for a fee of $1,223,124, should this renewal fall between Jan. 1, 2023 and Dec. 31, 2024.
There are 25 MMTC operators in Florida, according to the Florida Department of Health Office of Medical Marijuana Use. This includes Trulieve, a marijuana company that owns around a quarter of the over 600 medical marijuana stores statewide and contributed nearly 95% of the $152 million received by Smart & Safe Florida, the committee that spearheaded the effort to pass Amendment 3.
Justin, who did not disclose his last name, worries that the adoption of Amendment 3 would have resulted in the “canna-monopoly” of the marijuana industry. He believes that the amendment’s advocates are not fully aware of the consequences that could come with its approval.
“They don’t understand how it would really work,” he said. “They don’t understand that if this were to pass, weed [cost] would be up the roof. It would be up the roof for practices… And then taxes on it, it would just be insane.”
Many of Justin’s concerns were reflected in a series of television advertisements promoted by Gov. Ron DeSantis and his wife Casey DeSantis, in the months leading up to the election. The couple also traveled throughout the state, highlighting the dangers of marijuana and arguing that the amendment’s language would lead to a monopoly.
“This amendment is written to benefit this one big weed company. It’s not meant to benefit you,” DeSantis said during an event in Cape Coral, Fla. on Oct. 24.
Eric, a store associate for Canna Ocho – Delta-8 THC & CBD Dispensary, Vape & Smoke Shop, was disappointed that the recreational use of marijuana was not legalized but agreed with Justin that the amendment passing could have harmed smoke shops.
“It’s better because we wouldn’t have to get a license,” said Eric, who also did not share his last name. “We would have to go through a whole process to do that, and it’s going to cost a lot of money, and then I don’t know [about] the competition. It’s a higher grade scale.”
Supporters of Amendment 3, including Ark South Miami Smoke Shop store associate Ruby Ave, argue that the legalization of pot prevents people from purchasing unregulated forms of the substance that could be laced with dangerous compounds, like fentanyl.
The Centers for Disease Control and Prevention estimate that 74,702 people died from fentanyl overdose in 2023, but there have been no confirmed deaths linked to fentanyl-laced cannabis.
“I think it’s important just because, the kids, if they don’t get it legally, they’re going to get it illegally on the street, and fentanyl is a big thing nowadays,” Ave said. “You don’t know if something is laced.”
For now, marijuana will continue to be available for those with a Medical Marijuana Use Registry card. There are no further plans to legalize recreational marijuana in Florida at this time.