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Florida voters reject recreational cannabis ballot measure

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Florida voters rejected recreational marijuana legalization Tuesday night, dealing a huge blow to the industry and those that had bet heavily on opening up what could have been one of the nation’s largest adult-use cannabis market.

The ballot measure had 55.7% approval with 91% of votes counted, according to the Associated Press, falling short of the 60% threshold needed to change the state constitution. About 5.75 million voters backed the initiative, while 4.56 million opposed it as of press time. Governor Ron DeSantis confirmed the measure’s defeat in an evening online statement.

In addition to aggressive store growth and preparation ahead of the vote, Trulieve Cannabis Corp. (OTC: TCNNF) threw more than $140 million of its own in the failed campaign — the most expensive legalization push to date — while state agencies deployed tens of millions in opposition advertising.

Smart & Safe Florida, the group behind the measure, said it would pivot to working with state leaders on more limited reforms.

“We remain committed to advocating for a smarter and safer Florida and will continue to work towards solutions that benefit all Floridians,” the group said in a statement, citing goals including decriminalization and home cultivation.

The measure’s failure preserves Florida’s medical-only market, where regulators recently finalized new licenses for Black farmers tied to Pigford litigation and have another 22 permits pending the governor’s approval.

“This isn’t the end in Florida, it’s just the beginning since we’ve now seen how strongly the push for legalization resonates in the state,” said David Culver, chief of policy at the U.S. Cannabis Council. “Smart & Safe Florida ran a historic, bipartisan campaign that achieved majority support among Floridians. Anywhere else, that would have meant a victory.”

Some analysts, including Rivers, saw the market reaching $6 billion based on per-capita consumption in comparable states like Michigan.

The defeat prompted swift reaction from cannabis executives.

“While it’s disappointing to see Florida’s Amendment 3 fall short of the threshold necessary, it’s important to recognize the bipartisan voter support that the measure received.

“Constitutional amendments requiring 60% approval are always difficult but Americans’ support for the cannabis industry is undeniable,” NewLake Capital Partners CEO Anthony Coniglio said. “The cannabis sector will remain resilient, and operators, investors, and advocates alike will continue to push for reform in states where the regulatory environment is more favorable.”

Medical operators moved to point out their market position. Fluent Cannabis will keep its focus on Florida’s existing medical market, according to CEO Robert Beasley. The company’s already been planning to expand its retail and cultivation footprint.

“It underscores the value in Fluent’s conservative business model,” Beasley said.

Florida’s medical program still offers advantages over recreational markets, including tax exemptions and higher possession limits, according to Aaron Bloom, who heads DocMJ, the state’s largest cannabis physician practice.

The road ahead for cannabis remains uncertain. While momentum in cannabis rescheduling discussions could very well move along as former President Trump heads into a second term, his unexpected backing of the failed measure could signal openness to broader reform.





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Appeals court ruling deals blow to Cannabis Commission – Cannabis Business Executive

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Virginia lawmakers renew push for legal cannabis marketplace – Cannabis Business Executive

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Massachusetts regulators order single-lab testing to combat cannabis lab shopping

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Massachusetts regulators will require cannabis businesses to use a single laboratory for all compliance testing in an effort to prevent companies from shopping around for favorable test results.

The state’s Cannabis Control Commission voted 3-0 to require licensed businesses submit testing samples to one independent laboratory starting April 1, 2025, according to an administrative order advanced Thursday. The new rule is meant to close loopholes that some say have allowed companies to shop around for labs to juice their numbers for market share.

“This administrative order continues our mission of being a strong regulator,” Acting Executive Director Debbie Hilton-Creek said in a statement.

Under current rules, companies can split testing among multiple labs. The practice has led some facilities to report suspiciously high THC levels or overlook contamination to attract business.

The commission’s enforcement team said the changes would reduce risks of noncompliant products reaching consumers and improve audit capabilities. The move follows a November listening session in which testing concerns were raised, according to the announcement.

If an original testing lab needs to subcontract work, they must first obtain commission approval and demonstrate they are “incapable of performing certain required tests due to a hardship.” Labs also can only subcontract with one other facility at a time.

“The commission shall only approve subcontracting agreements when the Originating Independent Testing Laboratory is incapable of performing certain required tests due to a hardship relative to its facilities, instrumentation, personnel, or required consumable materials or in the event of an actual or potential conflict of interest,” according to the order.

Results must be uploaded to the state’s tracking system within 72 hours, with all certificates of analysis containing the complete testing results, including any subcontracted work, it said.

The commission will also begin publishing THC test results on its public data platform and establishing regular meetings with licensed laboratories to improve oversight.

The commission thus far has struggled to implement effective testing oversight. Earlier this year, the agency contracted with a private lab for a “secret shopper” program to verify retail products’ test results, Green Market Report previously reported. Unlike other major cannabis markets such as California and Colorado, Massachusetts lacks a state reference lab to independently verify commercial lab results.

Analysis of testing data by MCR Labs found that across multiple states, laboratories reporting higher THC concentrations tend to increase their market share while those reporting average failure rates lose business, according to Chemical & Engineering News.



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