Florida Recreational Marijuana Amendment | |
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Election date November 6, 2018 | |
Topic Marijuana | |
Status Not on the ballot | |
Type Constitutional amendment | Origin Citizens |
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.
The ballot title was as follows:[2]
“ |
RIGHT OF ADULTS TO CANNABIS[3] |
” |
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] |
” |
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 | |||||
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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. |
Floridians for Freedom sponsored the amendment.[1]
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 On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized.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]
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.
Demographic data for Florida | ||
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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. **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. |
Florida voted Republican in four out of the six presidential elections between 2000 and 2020.
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]
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
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