Florida’s 2024 Recreational Marijuana Law: What You Need to Know

In November 2024, Florida voters will face a significant decision: whether to legalize recreational marijuana use for adults aged 21 and over. This proposed amendment to the Florida Constitution could dramatically reshape the state’s marijuana landscape, expanding upon the existing medical marijuana program that has been in place since 2016.

The Proposed Law

The amendment, formally known as the “Adult Use of Marijuana” initiative, will be on the ballot after a successful citizen-led campaign. If passed, the law would legalize the possession, purchase, and use of marijuana for recreational purposes by adults 21 years of age or older. Under this proposal, adults would be allowed to possess up to 2.5 ounces of marijuana for personal use.

A key aspect of the proposed law is taxation. Recreational marijuana sales would be subject to a 10% excise tax, in addition to existing state and local sales taxes. This tax is expected to generate significant revenue for the state, which could be allocated to public services such as education, infrastructure, and drug treatment programs.

The Impact on Medical Marijuana Users

Florida has permitted the use of medical marijuana since 2016, following the passage of Amendment 2. The medical program allows individuals with qualifying conditions to use marijuana as a treatment, provided they have a recommendation from a certified physician. If recreational use is legalized, the medical marijuana program will continue, but there will be key differences affecting medical users:

1. Cost Comparisons: Currently, 2.5 ounces of marijuana at a Florida dispensary costs about $300. With the 10% excise tax on recreational marijuana, this cost would rise to around $330. Medical marijuana patients, however, can avoid this tax. At Zen Medicine they pay $175 for a seven-month prescription, which averages out to just $25 per month. By maintaining their medical marijuana card, they can avoid the 10% tax, leading to substantial savings over time.
2. Access and Supply: The legalization of recreational use is expected to increase demand, potentially straining the supply of medical marijuana. Dispensaries may prioritize the larger recreational market, which could lead to shortages or higher prices for medical patients. However, those with a medical card may continue to have priority access to their medicine.
3. Product Quality and Quantity: Medical marijuana patients currently have access to higher-quality, therapeutic strains designed for specific medical conditions. These products are often more potent and targeted for medical use. Additionally, medical users are allowed to possess up to 4 ounces of marijuana—more than the 2.5 ounces permitted under the proposed recreational law.
4. Tax Exemptions: One of the most significant benefits of holding a medical marijuana card is the exemption from sales tax. While recreational users would face a 10% excise tax on their purchases, medical users can continue to buy their products tax-free. Considering the relatively low cost of maintaining a medical card, this tax exemption alone makes it financially beneficial for regular users to keep their medical status.
5. Legal Protections in a Right-to-Work State: Florida is a “right-to-work” state, giving employers broad discretion to hire or fire employees, often with limited recourse for the employee. For recreational marijuana users, this presents a potential risk. Even if recreational use becomes legal, employers could still terminate employees who test positive for marijuana, as federal law still classifies marijuana as an illegal substance. Medical marijuana users, however, have certain legal protections. While not immune from termination, they may have stronger grounds to challenge a firing if they can demonstrate that their use is for a legitimate medical condition and is in compliance with state law. These protections are especially important in a right-to-work state like Florida, where job security can be uncertain.

What’s Next?

The 2024 vote will be a critical moment for Florida’s marijuana policy. If passed, laws typically take effect in May the year after the vote, marking a significant shift in the state’s approach to cannabis. While proponents highlight potential economic benefits like tax revenue and job creation, opponents raise concerns about public health, safety, and the potential for increased youth access.

For medical marijuana users, the proposed law presents both opportunities and challenges. While they might benefit from greater product variety and the convenience of no longer needing a medical card, there are significant advantages to keeping their medical status. Avoiding the 10% excise tax and maintaining access to higher-quality therapeutic products are just a few of the reasons why holding a medical marijuana card remains a smart choice.

At Zen Medicine, we are committed to providing our patients with the best healthcare available, and we believe that patient education is at the heart of effective healthcare. If you have questions or would like to discuss the upcoming proposed law and how it might affect you, please don’t hesitate to reach out. We’re here to help you make informed decisions about your health and well-being.