Proposed Amendments 3 and 4 to Florida’s Constitution

In addition to federal, state, and local races, the 2024 General Election ballot will contain six proposed amendments to Florida’s Constitution. While the presidential race will garner the most attention, the proposed constitutional amendments have the potential to impact everyday life in Florida and should be carefully considered by voters. Previously, we discussed Amendment 1, which would change school board elections to partisan from nonpartisan, and Amendment 2, which would establish a state constitutional right to hunt and fish. Of the six, perhaps the most controversial are Amendments 3 and 4.

Amendment 3 would legalize recreational marijuana for adults 21 years old and older. Individuals would be allowed to possess up to 3 ounces of marijuana (about 85 grams), with up to 5 grams in the form of concentrate. For comparison, the typical pouch of pipe tobacco is 1.5 ounces. Amendment 3 provides that currently existing Medical Marijuana Treatment Centers would be authorized to sell marijuana to adults for personal use. It also specifies the Florida Legislature could enact laws to provide for additional distribution entities to sell and cultivate marijuana products. Amendment 3 was placed on the ballot by a Citizens’ Initiative Petition that obtained over one million signatures. In 2016, the use of medical marijuana was approved by 71.32% of the voters. A “yes” vote supports legalizing recreational marijuana for adults over 21. A “no” vote opposes legalizing the non-medical use of marijuana for adults over 21.

Amendment 4 would provide a constitutional right to abortion before fetal viability (estimated to be around 24 weeks) or when necessary to protect the patient’s health as determined by the patient’s healthcare provider. In June of 2022, The US Supreme Court overturned Roe v. Wade, ruling that there is no federal constitutional right to abortion, thereby returning abortion policy decisions to federal and/or state legislative bodies. The Heartbeat Protection Act passed by the Florida Legislature in 2023 bans abortions at 6 weeks. Before 2022, abortions were legal in Florida until 24 weeks. Amendment 4 was placed on the ballot by the Citizens’ Initiative Petition, which received just under one million signatures. A “yes” vote supports establishing a constitutional right to abortion before fetal viability. A “no” vote opposes establishing a constitutional right to abortion before fetal viability.

Next time, we will discuss the remaining two amendments.

The VHA Editorial Board
Rich Cole
Roger Kass