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Florida’s Marijuana Amendment: A Legal Labyrinth Ahead

Jacksonville Attorney Weighs in on Florida’s Marijuana Amendment

As the November election approaches, Florida voters are preparing to make a decision on Amendment 3, which would legalize recreational marijuana in the state. To help inform voters, Jacksonville attorney Andrew Bonderud recently answered questions about the amendment’s implications.

One of the key issues is whether the amendment would erase past convictions for marijuana possession. Bonderud notes that the language of the amendment is unclear on this point, leaving room for interpretation. “If you ask 10 attorneys this question, you’ll get 10 different answers,” he said.

Under current Florida law, possessing up to ¾ of an ounce of marijuana is a misdemeanor, while possessing more than that is a felony. If Amendment 3 passes, it would legalize possession of up to three ounces. However, Bonderud emphasizes that courts would still need to navigate the complexities of the amendment and federal law.

Possessing marijuana would still be illegal under federal law, even if Amendment 3 passes. This could create a situation where individuals could be following state law while breaking federal law. “Lawyers will be able to make a living off interpreting this amendment and fighting the battles in court,” Bonderud said.

Amendment 3 will be on the ballot in November, with a “Yes” vote indicating support for recreational marijuana and a “No” vote opposing it. If passed, the law would take effect six months later, in May 2025. As voters weigh their decision, Bonderud’s insights provide valuable context on the potential implications of this complex issue.