Trump Predicts Florida Voters Will Legalize Cannabis, Urges Legislature to Prohibit Public Use

Donald Trump didn’t explicitly endorse Florida’s adult-use cannabis legalization measure. Still, the former president said Aug. 31 on social media that he anticipates voters will pass Amendment 3 and called upon state lawmakers to act responsibly.

In addition, the 2024 Republican nominee for president said he doesn’t believe those who possess and use personal amounts of cannabis should be criminalized in the Sunshine State.

His comments come as 24 states and Washington, D.C., have legalized adult-use cannabis and as voters in Florida, South Dakota and North Dakota are lined up to decide adult-use legalization measures in the November 2024 election.

“In Florida, like so many other states that have already given their approval, personal amounts of marijuana will be legalized for adults with Amendment 3,” Trump wrote on Truth Social. “Whether people like it or not, this will happen through the approval of the voters, so it should be done correctly. We need the state Legislature to responsibly create laws that prohibit the use of it in public spaces, so we do not smell marijuana everywhere we go like we do in many of the Democrat-run cities.”

Amendment 3, sponsored by Smart & Safe Florida and financially backed by Tallahassee-based medical operator Trulieve and other Florida cannabis businesses, needs a 60% supermajority vote of approval to pass—a threshold only Arizona, Maryland and New Jersey have eclipsed for adult-use legalization measures.

In an Aug. 21-22 survey commissioned by the Clean and Prosperous America political action committee (PAC) that included 837 registered voters in Florida, pollsters at Public Policy Polling found 57% supported and 34% opposed Amendment 3, while 9% were unsure. Although the 57% support is short of the 60% supermajority threshold, it represented 62.6% of the decided voters in the survey.

Trump’s recent remarks on Amendment 3 could play a significant role in persuading the 9% of undecided voters. A Florida resident, Trump will cast his own ballot in the Sunshine State this election.

“Someone should not be a criminal in Florida when this is legal in so many other states,” he wrote on Truth. “We do not need to ruin lives and waste taxpayer dollars on arresting adults with personal amounts of it on them.”

Under current Florida law, possessing 20 grams or less of cannabis is a misdemeanor punishable by up to one year in prison and a $1,000 maximum fine, according to industry advocacy group NORML. Possessing more than 20 grams is a felony.

Amendment 3 states that those 21 years and older who use or possess personal amounts of nonmedical cannabis—up to 3 ounces of flower or 5 grams of concentrate—will not be subject to criminal or civil liability under Florida law.

The constitutional amendment would allow Florida’s existing medical operators to remain vertically integrated while expanding to a forthcoming adult-use market. However, Smart & Safe Florida omitted more specific regulations for implementing a commercial marketplace from the amendment language in an effort to survive the Florida Supreme Court’s review process.

As part of the judicial review, the state’s top justices must determine whether the ballot language is clear and unambiguous in a manner that does not mislead voters and if the proposal embraces no more than one subject matter. In April, the justices’ approval of Amendment 3 came after the court struck down a pair of previous adult-use legalization attempts in 2021.

Smart & Safe Florida’s decision to keep the 2024 ballot language simple in order to pass judicial review has led to politics from Gov. Ron DeSantis’ office in recent weeks. DeSantis spokesperson Christina Pushaw accused Amendment 3 sponsors on Aug. 20 of attempting to create a monopoly for existing medical cannabis companies and said omitting a home grow provision from the ballot language is a sign of “corporate greed.”

Trulieve CEO Kim Rivers responded on social media, poking fun at the claim.

“It looks like [Gov. Ron DeSantis] supports home grow in Florida per his spokesperson,” Rivers wrote on X. “While we could not include it in this amendment due to Florida Supreme Court single subject rules (which he knows), this is absolutely something we can support via implementation in the Legislature and with the governor’s support we can get it done!”

Amendment 3 includes language to allow the Florida Legislature to determine a process for a licensed and regulated adult-use cannabis program, something Trump alluded to in his comments from Aug. 31. Just as the GOP presidential nominee suggested his concerns over public use due to the smell of cannabis, DeSantis has also repeatedly complained about the plant’s smell during the past year.

But unlike Trump, DeSantis is fighting a battle to keep cannabis criminalized in Florida. Specifically, two campaigns opposing Amendment 3—Keep Florida Clean Inc. and the Florida Freedom Fund—are registered PACs chaired by DeSantis’ chief of staff, James Uthmeier.

RELATED: Florida’s Battle to Legalize Cannabis Heats Up Ahead of Amendment 3 Ballot Measure

While Citadel hedge fund CEO Ken Griffin contributed $12 million to the Keep Florida Clean PAC, Trulieve’s now $75.4 million in contributions to Smart & Safe Florida overshadows the opposition campaigns.

Aside from Trulieve, sister medical cannabis operator Verano is the second-largest donor to the Smart & Safe Florida campaign with $3.5 million in contributions, according to the Florida Division of Elections.

In addition, Republican state Sen. Joe Gruters publicly endorsed Amendment 3. Gruters said Aug. 31 on social media that he was “incredibly proud” to have Trump support Florida’s effort to end “needless arrests and incarcerations” for simple cannabis use and possession.

“And to give Floridians the same individual freedom to choose safe, tested products that more than half the country already enjoys,” Gruters wrote on X. “Trump’s call for smart implementation is exactly why I filed a bill to prevent smoking in public. Marijuana should be consumed at home, and I will work alongside my colleagues in the Legislature to ensure Florida does this right.”

The 24 states that have legalized adult-use cannabis represent more than 50% of the U.S. population.

In Pennsylvania, another heavily populated state with medical-only cannabis legalization, Responsible PA took notice of Trump’s remarks in Florida. Responsible PA is a coalition to help support adult-use cannabis legalization in 2024 in the commonwealth.

“Today, former President Trump’s support for Florida’s Amendment 3, which would legalize adult-use cannabis, is a significant signal to lawmakers in states like Pennsylvania that have viable, sound, bipartisan adult-use cannabis proposals in front of them,” Responsible PA spokeswoman Brittany Crampsie said in a public statement. “Pennsylvania will play a key role in this presidential election, and Trump’s support of a state-level marijuana initiative will likely bring even more support in Pennsylvania for passing legalization, without delay.”

According to Responsible PA, 66% of Pennsylvania residents support adult-use legalization.

According to Gallup pollsters, 70% of U.S. adults in 2023 thought adult-use cannabis should be legal, an all-time high of support.

The U.S. Cannabis Council (USCC), which advocates for federal cannabis legalization on behalf of businesses, organizations and individuals, welcomed Trump’s comments on Amendment 3.

“He joins millions of Americans who have reassessed their views on cannabis in recent years,” USCC Senior Vice President of Public Affairs David Culver said in a statement provided to Cannabis Business Times. “Amendment 3 enjoys strong bipartisan support from Florida voters, and President Trump's support could prove pivotal for meeting the 60% threshold required to become law.”