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Amendment 3

Pot prohibition costs Florida at least $200 million per year

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Floridians get to free the weed at the ballot box Nov. 5. What’s at stake? Scores of weed arrests, and at least $200 million per year in tax revenue for a massive, newly legal economy. 

Also, tens of millions of dollars more in criminal justice savings from fewer arrests, and prison sentences. 

That $200 million figure comes from a 2023 State of Florida economic analysis.

 A Leafly News analysis adds in the estimated cost of 66,000 annual arrests in Florida for weed, plus tax projections based on legalization in other states. The net fiscal impact could be many millions of dollars more.

A June Fox News poll has Amendment 3 passing with 66% of the vote. Eligible Florida voters should ensure they’re registered to vote by October 1.

The current penalties of pot prohibition

drug-possession-law-struck-down
(AdobeStock)

‘Marijuana is legal enough in Florida,’ some voters will say. ‘There’s already legal medical cannabis and hemp.’ 

There’s also prohibition. Prosecutors filed some 66,000 counts of possession of marijuana charges in Florida in 2023, according to the Tampa Bay Times.

“Florida is arguably among the leading states in marijuana-related arrests — if not the leader,” said Paul Armentano at NORML.

Holding a sack is a first-degree misdemeanor, and can get you a year in prison. By contrast, Florida Amendment 3 legalizes up to 3 ounces of weed and 5 grams of hash. Amendment 3 reads: “The non-medical personal use of marijuana products and marijuana accessories by an adult … is not subject to any criminal or civil liability or sanctions under Florida Law.”

Related

It’s official: Florida will vote on legal weed in November!

It would be a game-changer in a state where a sandwich baggy of weed (over 20 grams) can get you a third-degree felony and five years in prison in Florida. The number of pot charges per year is increasing, reports state. 

How much does Florida pot enforcement cost?

So how much does 66,000 weed arrests cost Floridians? State analysts left it out.

Leafly estimates the bill for those charges alone start at $13.2 million.

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Each misdemeanor has to take a minimum of one police hour to issue, and one court hour to charge, notice, and arraign. Cops and court officials aren’t cheap. They can easily run $100 per hour when you factor in salary, benefits, and pension. 

Forgoing most weed arrests should save millions to tens of millions of dollars in law enforcement costs for weed per year.

Pro-legalization activists say the true number can be 10 times higher. 

In 2010, the pro-weed group Drug Policy Alliance calculated that each pot arrest costs a state $1,000 to $2,000. That’s $99 million per year in Florida cops writing pot tickets and courts serving paperwork.

California analysts predicted “tens of millions” in court savings before Prop 64 passed in 2016. California is roughly twice the population of Florida.

Floridians missing out on tax revenue, too

States with pot prohibition not only fork out dough to persecute potheads. Floridians forgo the tax revenue of economic activity already occurring on their block. That’s where the number really bites.

Legal weed would face Florida’s 6% state sales tax, plus local taxes, and fees.

Florida’s state economists see legal weed as generating “Based on other states’ experiences, … at least $195.6 million annually in state and local sales tax revenues once the retail market is fully operational.”

That $200 million may prove low. The conservative legislature would probably pass “sin taxes” on pot. Benchmarked to California revenues, Florida would rake in $500 million in annual taxes from legal weed.

What can Floridians do with $200 million in revenue?

the savings and tax revenue could pay for at least 2,000 new teachers

Passing Florida Amendment 3, would result in revenue and savings that are hard to fathom. One easy way to measure it: the savings and tax revenue could pay for at least 2,000 new teachers, at the going rate.

So that’s some back-of-the-envelope math for when people say, “Why legalize weed in Florida, isn’t it legal enough?”

Read on for more details. 

Counting more costs: Felonies, defense attorneys, and prison cells

When Leafly says “millions to tens of millions of dollars” in cops and court savings, we’re being conservative. Prohibition places measurable and immeasurable burdens on its targets and society at large. We’re not counting felony cases, nor the cost of defense attorneys, and imprisonment or supervision.

For example, a felony arrest can cost the defendant $10,000 to $15,000, stated Christopher Cano, Executive Director of Suncoast NORML. That money pays for pre-trial intervention rehab to expunge a first offense. 

“I know this for a fact because it happened to me in 2014,” Cano stated.

And then there’s the prison and probation costs, too.

  • About 3 out of 50 people heading into a Florida prison cell each year go in for holding weed or selling weed, according to state reporting.
  • About 140 people sit in a Florida state prison for pot. 
  • Each prisoner costs $88,000 for the prison bed, guards, and food each year, the state of Florida estimates.

A substantial reduction in pot prisoners yields millions of dollars more in savings.

We’ll keep updating this post as more info comes to light.


Sources

Florida Financial Impact Estimating Conference – Adult Personal Use of Marijuana – Serial Number 22-05 July 13, 2023

—‘Florida could legalize marijuana, but people arrested still face tough road’, Tampa Bay Times, July 11, 2024, via the Florida Office of the State Courts Administrator

California Prop 64 summary and text with fiscal analysis

Drug Policy Alliance, 2010, NY Prohibition Costs

Florida sales tax rate

Cost of Florida prison beds

Florida school teacher salary



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Amendment 3

Florida governor’s veto plan may boost hemp industry, hinder marijuana legalization

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DeSantis may be looking to leverage hemp to undermine a ballot measure to legalize recreational cannabis sales.

Florida Gov. Ron DeSantis reportedly plans to veto a bill that would ban consumable hemp-derived products, such as delta-8 THC, according to sources close to the governor who spoke to CBS News Miami.

Such a move could bolster the state’s hemp industry while simultaneously undermining a marijuana legalization initiative set to appear on the state’s November ballot.

The Republican governor, who has been vocal in his opposition to marijuana legalization, appears to be leveraging the hemp industry’s economic interest in the intoxicating cannabinoid market to garner support for his campaign against the legalization measure.

However, DeSantis’ strategy has raised eyebrows, as it seemingly contradicts his concerns about access to high-potency THC products. By vetoing the legislation, he would effectively allow an unregulated market for intoxicating hemp-derived products to continue operating without public health defenses.

“It doesn’t make sense, unless what you are really looking for is money from the hemp industry,” an unnamed source told CBS News.

Despite the governor’s opposition, cannabis companies backing the legalization initiative, such as Trulieve Cannabis Corp. (OTCQX: TCNNF), remain optimistic about its prospects. Economic analysts from the Florida Legislature and the governor’s office estimate that the measure could generate between $195.6 million and $431.3 million in new annual sales tax revenue if approved by voters.

Additionally, BDSA predicts the state’s market could reach nearly $900 million in recreational sales in 2025, with the potential for total cannabis sales nearing $4.5 billion by 2028.

The legalization initiative, which requires a 60% supermajority to pass, would allow existing medical marijuana dispensaries to sell cannabis to adults 21 and older, with individuals permitted to possess up to one ounce of marijuana, including up to five grams of concentrates.



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Smart & Safe Florida Reveals $5M Ad Campaign To Amp Up MJ Legalization Support

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With just shy of six months to go until Election Day, the campaign to legalize recreational cannabis in Florida is kicking into high gear as sponsor Smart & Safe Florida announced the release of a batch of new ads aimed to educate voters on the amendment and increase support.

According to a news release from Smart & Safe Florida, four ads are set to air statewide across broadcast, cable, streaming, radio and digital platforms.

The ads feature a variety of Floridians, including mothers, business professionals and a former law enforcement officer and Vietnam War veteran, speaking in favor of Amendment 3 and explaining why residents should have the freedom to consume safe and regulated cannabis.

Smart & Safe Florida spent $5 million on the ad campaign.

Florida’s New Recreational Weed Ad Campaign: A Closer Look

The four ads touch on many of the same themes, though each has its own unique focus surrounding why Florida voters should support Amendment 3 this November.

The “Freedom” ad features retired U.S. Army Col. Wilson Barnes, who references the current policies as “outdated,” costing many Floridians their freedom while highlighting his military service as a means to defend that freedom. 

The “Available” ad primarily highlights the current abundance of illicit cannabis in the state and the potential dangers of consuming unregulated and untested products. The “Clear Choice” ad poses a “no” vote on Amendment 3 as a means to continue allowing “cartel criminals to profit from illegal marijuana laced with toxic chemicals and dangerous drugs” and a “yes” vote as providing more consumer safety.

The “Vote Yes” ad is the only full-minute clip and touches on most of the points of the other three 30-second ads. All of the advertisements also note that the amendment would provide more freedom for residents and generate revenue for schools, police and safer communities.

“A yes vote on Amendment 3 will improve the health and safety of Floridians,” the news release states — a similar message to the verbiage utilized in the four advertisements. “Access to regulated adult-use marijuana would help prevent illicit cartel-trafficked marijuana from making its way into Florida, as well as allow law enforcement to focus on violent crime. Without regulation, these products can be laced with dangerous materials including heavy metals, pesticides, glass, heroin, fentanyl and other illegal substances.”

Upping the Ante and Closing Gaps for Approval

The amendment was approved for the ballot early last month after the Florida Supreme Court ruled that the challenges from Attorney General Ashley Moody — who argued that the measure was misleading and doesn’t inform voters about federal prohibition — were invalid.

A “yes” vote on Amendment 3 supports legalizing adult-use cannabis and permitting possession of up to three ounces of flower and up to five grams of concentrate, and a “no” opposes adult-use legalization and all it would pertain.

The campaign comes after recent polling suggesting that support for legal recreational cannabis in Florida is strong, but may not be enough to actually pass the amendment come Election Day.

In Florida, measures must gain 60% support in order to pass. 

A recent USA Today/Ipsos survey found that 56% of registered Florida voters, and 49% of Florida adults overall, support the measure. Another poll released earlier this month also falls short of the required threshold for approval, finding that 58% of Florida voters support legalizing adult-use cannabis.

“A smart and safe Florida means a regulated marijuana market where Floridians no longer need to turn to illicit cartel-trafficked products on the streets,” said Smart & Safe Florida spokesperson Morgan Hill. “More than half of Americans already enjoy access to safe, regulated marijuana, and we believe Floridians deserve that same freedom. Our campaign in support of Amendment 3 is in full swing, and we’re excited to continue connecting with voters through to November.”



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