Florida’s Marijuana Amendment: Just Shy of Passing, New Poll Revel

Florida’s Marijuana Amendment: What It Means for Patients and the Impact of Federal Law

As Florida inches closer to voting on Amendment 3, which could legalize recreational marijuana, the stakes have never been higher for both cannabis enthusiasts and medical marijuana patients in the state. A recent poll by Public Policy Polling revealed that the pro-marijuana amendment has garnered 57% support, just shy of the 60% needed to pass.

"While this amendment promises to bring significant changes to Florida’s cannabis landscape, it’s crucial to understand how it interacts with existing federal laws, especially for those already using cannabis for medical purposes." David Koyle, CEO OMNI Medical

What Does Amendment 3 Propose?

Amendment 3 aims to legalize the possession, purchase, and use of marijuana for adults aged 21 and over in Florida.

This would allow individuals to use marijuana for non-medical purposes through various means, such as smoking or ingestion.
Additionally, the amendment would permit Medical Marijuana Treatment Centers and other licensed entities to cultivate, process, and sell marijuana products for personal use.

However, the amendment clearly states that it applies to Florida law and does not change or protect against violations of federal law. This distinction is critical for understanding the risks and limitations that still exist for cannabis users in the state.

Federal vs. State Law: The Implications for Florida Patients

While Florida’s state laws may permit the use of marijuana, federal law still classifies marijuana as a Schedule I controlled substance, making it illegal nationwide. This conflict between state and federal law has significant implications for medical marijuana patients in Florida.

Employment Issues:

Drug Testing: Federal law can impact employment, especially for those in federally regulated industries like transportation, aviation, or government positions. Employers may still enforce zero-tolerance policies against marijuana use, meaning a positive test for THC, the psychoactive compound in cannabis, could lead to job termination.
Workplace Protections: Since marijuana remains illegal under federal law, Florida patients using medical marijuana may not be protected under the Americans with Disabilities Act (ADA), which generally does not cover medical conditions treated with substances illegal under federal law.

Housing Concerns:

Federal Housing: Patients living in federally subsidized housing may face eviction or other penalties if they use or possess marijuana, even if they comply with Florida’s medical marijuana laws. Federal housing programs must adhere to federal regulations, which prohibit marijuana use.

Travel and Transportation:

Crossing State Lines: Traveling with marijuana outside of Florida is risky, even to states where marijuana is also legal. Since federal law governs interstate commerce, carrying marijuana across state lines can lead to federal criminal charges.
Air Travel: The Transportation Security Administration (TSA), a federal agency, operates under federal law, meaning that marijuana is not allowed in carry-on or checked luggage when flying, even within Florida.

Banking and Financial Services:

Limited Access: Many banks and financial institutions avoid working with cannabis-related businesses due to federal regulations, categorizing marijuana-related transactions as illegal. This can affect patients who use cannabis services or dispensaries, leading to cash-only operations and potential inconveniences.

The Road Ahead: Close Call for Marijuana Legalization

The future of cannabis legalization in Florida hangs in the balance as the November vote approaches. Polls have shown mixed results throughout 2024, with support for Amendment 3 often fluctuating around the critical 60% mark.

As voters head to the polls, the outcome remains uncertain, and every vote will count in determining whether Florida will join other states in legalizing recreational marijuana.

Stay Informed and Compliant

For medical marijuana patients in Florida, it’s essential to stay informed about both state and federal regulations. While Florida’s laws may evolve with the passage of Amendment 3, the existing federal laws will continue to impose significant limitations. To ensure you maintain legal access to your medication, don’t wait—renew your cannabis card with OMNI Medical today. Your health and legal rights are too important to risk.