Amendment 3 Falls Short, Leaving Recreational Marijuana Illegal for Now

Two days after Election Day, it is now official: Amendment 3, the ballot measure that would have legalized recreational marijuana in Florida, has failed to pass, despite earning majority support from voters across the state.

With nearly all precincts reporting, Amendment 3 received approximately 56 percent approval, falling short of Florida’s 60 percent supermajority requirement needed for constitutional amendments. As a result, recreational marijuana remains illegal in Florida, and the state’s cannabis system will continue to operate solely under its existing medical marijuana framework.

The amendment would have allowed adults 21 and older to legally possess and purchase marijuana for personal use and authorized licensed medical marijuana operators to sell cannabis for recreational purposes. Supporters argued the change would modernize Florida’s cannabis laws, generate tax revenue, and align the state with more than 20 others that have legalized adult use.

Instead, the measure’s defeat underscores how Florida’s high constitutional threshold can halt initiatives even when they receive clear majority backing.

“This result shows Floridians are moving in the direction of legalization, but the state’s rules make change difficult,” said one South Florida voter interviewed Wednesday morning. “A lot of people thought 50 percent plus one was enough.”

Opposition to Amendment 3 was vocal and well-organized. Gov. Ron DeSantis publicly urged voters to reject the proposal, criticizing the amendment’s language and warning it would benefit large cannabis corporations while limiting legislative oversight. Other critics argued the measure lacked provisions for home cultivation and did not adequately address public safety concerns.

Supporters of the amendment, including the political committee Smart & Safe Florida, acknowledged disappointment but emphasized that more than half of voters supported legalization—a milestone in itself.

“Winning a majority in a state as large and diverse as Florida sends a powerful message,” a campaign representative said in a statement released Wednesday. “This conversation is far from over.”

For now, Floridians seeking legal cannabis must continue to do so through the state’s medical marijuana program, which was approved by voters in 2016. That system allows qualified patients to purchase cannabis with a physician’s recommendation, but recreational possession and sales remain criminal offenses under state law.

Local law enforcement agencies confirmed there will be no immediate changes to enforcement practices following the failed vote. Legal experts say the outcome also means businesses hoping to expand into recreational sales must put those plans on hold.

Industry analysts note that Florida’s size and tourism economy make it one of the most closely watched cannabis markets in the country. The failure of Amendment 3 may delay significant investment but does not appear to have dampened long-term interest.

Political observers say attention is already turning toward the future. Supporters of legalization are expected to regroup and explore options for another ballot initiative, potentially as soon as 2026. Any new proposal would likely attempt to address criticisms of Amendment 3 while still navigating Florida’s demanding approval standards.

As of Thursday, the message from voters appears mixed but clear: while recreational marijuana legalization did not pass, public support continues to grow—setting the stage for another high-profile cannabis debate in Florida’s near future.