Gov. Ron DeSantis says if pot is legalized for recreational use in Florida, the entire state “will start to smell like marijuana.” Supporters of the constitutional amendment argue he’s just blowing smoke.
“It’s basically a license to have it anywhere you want,” DeSantis said about Amendment 3 during a press conference last spring. “No time, place and manner restrictions. This state will start to smell like marijuana, in our cities and towns. It will reduce the quality of life.”
The constitutional amendment to allow use by anyone over 21 is on the ballot Tuesday, Nov. 5, Election Day, and a recent poll by Florida Atlantic University showed it’s close. The survey found 60% of Florida voters in favor, 34% opposed and 6% undecided. Amending the state constitution in Florida requires 60% to pass. Medical use of marijuana is already legal in the state.
In a recent television ad released by “Vote No on 3,” people are seen warning about the stench of pot being everywhere after Amendment 3’s passage and the ad urges viewers not to turn Florida into California or Colorado, two of the 24 states where recreational weed has been legalized. Besides Florida, three other states also are voting Tuesday on recreational pot legalization.
Watch the anti-legalization ad here.
“I’m at the park with my kids, and they’re like, ‘Mommy? What’s that smell?’” says a disgruntled woman in the ad before rolling her eyes.
“Smells like a dead skunk!” says a man sitting on a park bench before dropping his sandwich. “I can’t even eat my lunch.”
A press release accompanying the ad said: “With no restrictions on where pot can be smoked — apartments, beaches, parks — public smoking will be the new normal, and clean air will be a thing of the past.”
Glenn Burhans, a lawyer for Tallahassee-based law firm Sterns Weaver Miller and the primary drafter of Amendment 3, says the ad’s claims are simply not true.
Burhans drafted the amendment with its sponsor Smart & Safe Florida, which is advocating for passage. He previously advised Trulieve, the marijuana mega-company and primary financial backer of the amendment.
He pointed to a six-month delay before the measure would take effect that drafters of the amendment included specifically to give Florida lawmakers time to put restrictions in place such as public smoking bans.
To meet the single-subject rule that requires Florida ballot initiatives to address only one topic or issue, Burhans said drafters chose not to include any regulations in the amendment language, leaving that up to the state Legislature in Tallahassee.
”I don’t want to walk down the street or go to the park or the beach and have to deal with smelling marijuana smoke,” said Burhans. “But I have faith that the Florida legislature is good at their job and will do a better job regulating than New York and California has done.”
Steve Vancore, spokesman for the “Yes On 3” campaign, said he supports a blanket ban on public smoking that has been proposed by state Sen. Joe Gruters, a Republican and former GOP party chairman who represents Saratoga and Charlotte counties. Gruters has said he supports passage of the amendment, but plans legislative action.
“We will ban all type of smoking, all type of public consumption, with the exception of maybe your room,” Gruters said, according to the Herald Tribune. “We’ll make sure that we do this the Florida way and the right way.”
Former President Donald Trump, who votes in Florida, has said he backs Amendment 3 and believes the state is taking the right approach.
Watch an ad in support of legalization here.
But Jessica Spencer, director of advocacy for the “No On 3” campaign, said it shouldn’t be left up to state lawmakers to address public smoking.
Spencer took issue with the lack of restrictions in the amendment and believes it does not give state legislators enough freedom to tackle public odor concerns.
“They’re already admitting that they have a bad amendment by the mere fact that they’re saying the Legislature has to come in here and do X, Y and Z,” said Spencer. “You should have written an amendment that has these restrictions if you truly cared about it.”
Ellen Snelling, board chair of the Hillsborough County Anti-Drug Alliance, noted that Amendment 3 specifically states that if passed it would not authorize “smoking medical marijuana in any public place” and wonders why similar language wasn’t included for recreational pot use.
“I believe it was actually a mistake,” said Snelling. “I think they realize that now and they think, ‘Oh, we can fix this with legislation.’”
