Florida Recreational Marijuana Amendment (2018)

Florida Recreational Marijuana Amendment

Election date
November 6, 2018
Topic
Marijuana
Status
Not on the ballot
Type
Constitutional amendment| Origin
Citizens

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List of Florida measuresFlorida Amendment 1Florida Amendment 2Florida Amendment 3Florida Amendment 4Florida Amendment 5Florida Amendment 6Florida Amendment 7Florida Amendment 9Florida Amendment 10Florida Amendment 11Florida Amendment 12Florida Amendment 13Submit

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## Contents

* 1 Text of measure
* 1.1 Ballot title
* 1.2 Ballot summary
* 1.3 Constitutional changes
* 2 Support
* 2.1 Supporters
* 3 Developments in federal marijuana policy
* 4 Path to the ballot
* 4.1 2018
* 5 State profile
* 5.1 Presidential voting pattern
* 5.1.1 Pivot Counties (2016)
* 5.1.2 Pivot Counties (2020)
* 6 See also
* 7 External links
* 8 Footnotes

The Florida Recreational Marijuana Amendment (#15-20) was not on the ballot in Florida as an initiated constitutional amendment on November 6, 2018.[1]

The measure would have legalized marijuana for use by persons 21 years of age or older and allowed the state to regulate its purchase and sale.

## Text of measure[edit]

### Ballot title[edit]

The ballot title was as follows:[2]

“  |

RIGHT OF ADULTS TO CANNABIS[3]

| ”

|
|

### Ballot summary[edit]

The ballot summary was as follows:[2]

“  |

This amendment guarantees the right of persons over twenty-one years of age to possess, use, and cultivate cannabis (commonly referred to as marijuana), reserving to the State the power to regulate its purchase and sale in the interest of health and safety. This amendment applies only to Florida law and state action, and does not immunize violations of federal law.[3]

| ”

|
|

### Constitutional changes[edit]

The measure was designed to add a Section 28 to Article 1 of the Florida Constitution.[2]

Section 28 of Article 1 of the Florida Constitution

All people in the State of Florida twenty-one years of age and older shall have the right under state laws to possession, use, and cultivation of cannabis. This right shall not be infringed except that the transfer of cannabis by purchase or sale may be regulated as necessary to ensure health and safety.

"Cannabis" in this section is defined as all parts of any plant of the genus Cannabis, whether growing or not, and the seeds thereof.

The provisions of this section are severable and if any clause or sentence of this measure, or an application thereof, is adjudged invalid by a court of competent jurisdiction, other provisions shall continue to be in effect to the fullest extent possible.[3]

## Support[edit]

### Supporters[edit]

Floridians for Freedom sponsored the amendment.[1]

## Developments in federal marijuana policy[edit]

See also: Federal policy on marijuana, 2017-2018

Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[4][5]

Click here to read more about developments in federal policy on marijuana under the Trump administration.

## Path to the ballot[edit]

See also: Laws governing the initiative process in Florida

In Florida, signature requirements for qualifying an initiative for the ballot are based on the total number of votes cast during the most recent presidential election. Sponsors must collect a number equal to 8 percent of this total and in accordance with certain distribution requirements. Signatures can remain valid up to two years after the date they were signed, but they must be verified by February 1 of the targeted year, and therefore must be submitted prior to that date.

### 2018[edit]

* The amendment was approved by the Florida Division of Elections on August 26, 2015.[1]
* Supporters filed for undue burden on September 8, 2015.[1]
* Supporters needed to submit 766,200 valid signatures by February 1, 2018, in order to qualify the measure for the ballot.
* On February 1, 2018, the campaign had submitted 17,506 valid signatures.

## State profile[edit]

Demographic data for Florida

| Florida| U.S.
Total population:| 20,244,914| 316,515,021
Land area (sq mi):| 53,625| 3,531,905
Race and ethnicity**
White:| 76%| 73.6%
Black/African American:| 16.1%| 12.6%
Asian:| 2.6%| 5.1%
Native American:| 0.3%| 0.8%
Pacific Islander:| 0.1%| 0.2%
Two or more:| 2.4%| 3%
Hispanic/Latino:| 23.7%| 17.1%
Education
High school graduation rate:| 86.9%| 86.7%
College graduation rate:| 27.3%| 29.8%
Income
Median household income:| $47,507| $53,889
Persons below poverty level:| 19.8%| 11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida.

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**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

### Presidential voting pattern[edit]

See also: Presidential voting trends in Florida

Florida voted Republican in five out of the seven presidential elections between 2000 and 2024.

#### Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.[6]

#### Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.

More Florida coverage on Ballotpedia

* Elections in Florida
* United States congressional delegations from Florida
* Public policy in Florida
* Endorsers in Florida
* Florida fact checks
* More...

## See also[edit]

| Suggest a link

|

* 2018 ballot measures
* Florida 2018 ballot measures
* Laws governing the initiative process in Florida
* Marijuana on the ballot

## External links[edit]

* Full text of measure

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 1.3 Florida Division of Elections, "RIGHT OF ADULTS TO CANNABIS 15-20," accessed December 1, 2016
2. ↑ 2.0 2.1 2.2 Florida Division of Elections, "Constitutional Amendment Petition Form," accessed December 1, 2016
3. ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content
4. ↑ Forbes, "Sessions: Obama Marijuana Policy Remains In Effect," November 14, 2017
5. ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
6. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

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