Modern Canna Cannabis Legalization, Laws & Regulations

This November, three more states, including Florida, could potentially join the 24 states that have already legalized adult-use cannabis.

Currently, over 74% of Americans have access to cannabis through medical or adult-use programs. Over 40 countries worldwide have already legalized cannabis, for medicinal or recreational purposes. 

Amendment 3, the Adult-Use Marijuana Legalization Initiative in Florida, represents a significant shift in the state’s approach to cannabis. As the debate intensifies, it is essential to consider the potential benefits that legalizing adult-use cannabis could bring to Florida. This article will explore the advantages of passing Amendment 3, drawing on factual data and experiences from other states that have already embraced similar measures.

Understanding Amendment 3

Amendment 3 proposes to legalize the possession, purchase, and use of marijuana for adults aged 21 and over in Florida. The ballot text explicitly states that it allows licensed Medical Marijuana Treatment Centers (MMTCs) in Florida to acquire, cultivate, process, manufacture, sell, and distribute marijuana products and accessories for non-medical personal consumption. Currently, there are twenty five (25) active MMTC’s in Florida. A list of licensed MMTCs in Florida can be found here. Additionally, twenty two (22) more licenses are awaiting approval, following a highly competitive application process that began in April 2023, where seventy four (74) applications were submitted. Once the 22 additional licenses are awarded, it will bring the total number of MMTC licenses in Florida to 47. 

Importantly, while it aligns with state law, it does not change or provide immunity from federal law, which still classifies marijuana as a controlled substance. 

The amendment’s language clearly states that the Florida Legislature retains full authority to regulate the public use of cannabis. Furthermore, the Florida Constitution grants the legislature the power to regulate and implement Constitutional Amendments. This allows the legislature to establish regulations that maintain clean, family-friendly public spaces, similar to existing controls on tobacco and alcohol.

Economic Benefits

Job Creation and Economic Growth

One of the most immediate benefits of legalizing adult-use cannabis in Florida is the legal cannabis industry could contribute substantially to Florida’s economy through tax revenues. The Florida Financial Impact Estimating Conference projects that tax revenues from legalized adult-use cannabis could reach $431 million annually. This influx of revenue could support public services, infrastructure, education, and other vital state programs. States that have legalized adult-use cannabis have experienced an average increase of 3% in state income per capita.

In addition to significant tax revenues is job creation. The cannabis industry has proven to be a robust sector in states where legalization has taken place. For instance, despite the economic downturn in 2020, Florida’s cannabis industry added 15,000 employees, even as the state lost over 400,000 jobs. This growth is not an anomaly; rather, it reflects a broader trend across the country where the cannabis industry has become a significant employer. The national outlook indicates that legalization could create one-million lucrative jobs by 2025. Floridians will immediately see expanded cannabis employment opportunities not only in cultivation, processing, distribution, and retail, but also in ancillary sectors like technology, testing, finance, marketing, construction, and equipment, to name a few.

Alleviating Financial Burden on Taxpayers

If Florida were to legalize adult-use cannabis, there could be significant cost savings for taxpayers by reducing the need for arrests, prosecutions, and incarcerations related to marijuana possession. In 2023, Florida saw tens of thousands of marijuana-related charges, with the majority being for possession of small amounts. The estimated cost to the state for these enforcement actions is substantial, starting at around $13.2 million per year, though some estimates suggest it could be as high as $99 million annually when considering the full burden on law enforcement and the judicial system.

Legalizing cannabis could alleviate this financial burden on taxpayers by eliminating the need for these arrests and associated legal processes. Additionally, it would potentially reduce the number of individuals incarcerated for cannabis-related offenses, further lowering costs related to prison and probation management.

Image Credit: Smart and Safe Florida

Public Health and Safety

Ensuring Safe and Clean Cannabis

One of the critical arguments for legalization is the ability to regulate and ensure the safety of cannabis products. In Florida, the existing cannabis program operates under one of the most robust regulatory frameworks in the country. Under the state’s vertical integration model, the twenty five (25) active operators are responsible for every stage of production, from seed to sale, including cultivation, manufacturing, distribution, and retail. This system enhances traceability for regulators and significantly improves product quality control, ensuring that consumers have access to clean and safe cannabis.

It is important to recognize that early adopters of cannabis legalization, like California and Colorado, served as experimental models. Their markets operate horizontally, with separate licenses issued for each part of the supply chain. While we appreciate their pioneering efforts, Florida was able to gain valuable insights from their missteps. Now, Florida is setting a new standard for the rest of the nation. 

Stringent Third-Party Testing Requirements

Shifting to a highly regulated adult-use market guarantees product safety and reduces illicit activities. Currently, the illicit market poses significant risks to consumers. A Florida House of Representatives hearing revealed that approximately 90% of illicit cannabis tested by the Florida Department of Law Enforcement (FDLE) contained harmful chemicals or additives. 

In contrast, legalized cannabis undergoes strict regulation and comprehensive third-party laboratory testing, where Certified Marijuana Testing Labs (CMTLs) like Modern Canna are mandated to rigorously analyze every production batch and retail batch before products reach the shelves, ensuring they are free from harmful substances, such as pesticides, heavy metals, and solvents. MMTCs that work with Modern Canna value accurate data, enabling them to make informed, data driven decisions that lead to the production of cleaner and safer products. The reason Modern Canna exists is twofold: 1) to protect consumers, and 2) to safeguard our clients from potential product recalls, legal issues, or reputational damage. This is achieved by delivering accurate, reproducible, and legally defensible data.

Random and Representative Third-Party Sampling

To ensure the highest standards of quality control, CMTLs are required to collect random and representative samples from every batch produced by MMTCs. The term “random” indicates that laboratories must independently select samples from the MMTC facilities, ensuring that MMTCs cannot selectively submit only their best products for testing. “Representative” sampling requires that 0.35% of the total volume or weight of the retail batch or a minimum of 15 grams of the retail batch plus 10 additional grams of flower for total yeast and mold testing be collected and analyzed by the lab to provide an accurate assessment of the entire production batch. The entire sampling process is documented using chain of custody (COC) protocol. CMTLs are required to send two (2) certified samplers in state-approved vehicles to collect these samples. Samples must be stored and transported in a manner that prevents degradation, contamination, and tampering.

Reducing Criminal Justice Burden

The criminal justice implications of cannabis legalization are profound. Nationwide, a significant portion of drug arrests (92% of the approximately one-quarter of a million drug arrests in 2022) were for simple possession of cannabis. These arrests place a heavy burden on the criminal justice system and cost taxpayers billions of dollars annually.

Legalizing cannabis for adult-use could alleviate these burdens by reducing the number of arrests related to cannabis possession, thus freeing up law enforcement resources to focus on more serious crimes. Moreover, legalization has been associated with a decrease in gang violence and a reduction in the influence of Mexican cartels, which have historically benefited from the illicit cannabis market in the United States.

Public Health Impact

Concerns about the potential public health impact of legalizing cannabis often center around adolescent use and impaired driving. However, data from states that have already legalized adult-use cannabis suggest that these concerns may be overstated.

For example, research published in the Journal of the American Medical Association indicates that recreational cannabis legalization has not been associated with an increase in adolescent cannabis use. In fact, it has been linked to a decrease in adolescent use. An additional comprehensive study published in JAMA Network Open examined data from various states where recreational cannabis was legalized and found that legalization was associated with an 8% decrease in cannabis use among high school students. Another related study indicated a 9% drop in frequent cannabis use among adolescents in states with legalized adult-use cannabis. These findings challenge the assumption that legalization would increase cannabis use among teens, suggesting instead that legalization may make it more difficult for teenagers to access cannabis through regulated dispensaries compared to unregulated sources.

Furthermore, studies have shown that legal cannabis does not significantly impact road safety when proper regulations and public education campaigns are in place.

Social Justice and Equity

Addressing Historical Inequities

The War on Drugs has disproportionately affected marginalized communities, leading to higher rates of arrest and incarceration for minor drug offenses, particularly among people of color. Legalizing cannabis provides an opportunity to address some of these historical injustices by creating a regulated market that benefits these communities.

Legalization can lead to job creation and economic opportunities in communities that have been hit hardest by the War on Drugs. Additionally, equitable regulatory frameworks can ensure fair participation in the legal cannabis market, offering a pathway for economic empowerment and reinvestment in underserved areas.

Reducing Intimate Partner Violence

A less-discussed but significant benefit of cannabis legalization is its potential impact on intimate partner violence (IPV). Studies have found that adult-use cannabis legalization is associated with a significant decrease in IPV incidents. This reduction is largely attributed to the substitution of cannabis for alcohol, which has a stronger association with IPV. By decreasing alcohol consumption, cannabis legalization indirectly lowers the incidence of IPV, providing a public health benefit that underscores the positive societal impact of legalization.

Environmental Benefits

Sustainable Cultivation Practices

Legalization also allows for the regulation of cultivation practices, promoting sustainability and environmental stewardship. In a regulated market, cannabis growers must adhere to environmental standards that minimize the ecological impact of cultivation, such as water usage, pesticide application, and energy consumption. This contrasts sharply with the illicit market, where growers often operate without regard for environmental consequences.

By bringing cannabis cultivation into the legal sphere, Florida can ensure that environmental considerations are integrated into the industry’s growth, supporting the state’s broader goals of sustainability and conservation.

Conclusion: A Path Forward for Florida

Amendment 3 presents Florida with an opportunity to join the growing number of states that have recognized the benefits of legalizing adult-use marijuana. The potential economic, public health, safety, and social justice benefits are substantial, offering a path forward that could enhance the quality of life for Floridians.

As more states move toward legalization, it is crucial for Florida to consider the evidence and experiences from these jurisdictions. By legalizing cannabis, Florida can create a safer, more equitable, and economically vibrant future for its residents. The passage of Amendment 3 would mark a significant step in that direction, ensuring that adults who choose to use cannabis can do so in a safe, regulated environment, while also reaping the broader benefits for the state.

References

Barcott, B., Whitney, B., & Bailey, J.  Jobs Report 2021. Leafly. https://leafly-cms-production.imgix.net/wp-content/uploads/2021/02/13180206/Leafly-JobsReport-2021-v14.pdf

Bloom, A. (2024, April 24). American Medical Association’s Insight: Decrease in Underage Cannabis Use Post-Legalization. DOCMJ. https://docmj.com/american-medical-associations-insight-decrease-in-underage-cannabis-use-post-legalization/

Bradley, D. (2024, May 16). Florida welcomed over 140 million visitors in 2023, breaking tourism record. ABC Action News Tampa Bay (WFTS). https://www.abcactionnews.com/news/state/florida-welcomed-over-140-million-visitors-in-2023-breaking-tourism-record

Doward, J. (2018, January 13). Legal marijuana cuts violence says US study, as medical-use laws see crime fall. The Guardian. https://www.theguardian.com/world/2018/jan/14/legal-marijuana-medical-use-crime-rate-plummets-us-study

Downs, D. (2024, July 25). Pot prohibition costs Florida at least $200 million per year. Leafly. https://www.leafly.com/news/politics/florida-cost-weed-prohibition-analysis-2024

Drexel University. (2021, September 15). Cannabis Legalization not Linked to Increases in Cannabis Use Among High School Students. Medical Cannabis Research Center. https://drexel.edu/cannabis-research/research/research-highlights/2021/September/legalization-not-linked-to-increases-in-hs-students-cannabis-use/

DuChene, C. (2021, May 19). It’s Official: Legal Cannabis Results in Fewer Worker Injuries and Greater Productivity. Risk & Insurance. https://riskandinsurance.com/its-official-legal-cannabis-results-in-fewer-worker-injuries-and-greater-productivity/

Florida Financial Impact Estimating Conference. Office of Economic & Demographic Research. (2023, July 13). http://edr.state.fl.us/Content/constitutional-amendments/2024Ballot/AdultPersonalUseMarijuana_FullAnalysis.pdf

Levine Coley, R., Carey, N., & Kruzik, C. (2024, April 15). Recreational Cannabis Legalization, Retail Sales, and Adolescent Substance Use Through 2021. JAMA Pediatrics. https://jamanetwork.com/journals/jamapediatrics/article-abstract/2817566?guestAccessKey=619ee9c1-3e96-4728-a9f4-e77abf104f0c&utm_source=For_The_Media&utm_medium=referral&utm_campaign=ftm_links&utm_content=tfl&utm_term=041524

Lowther, M. (2024, May 3). Legalized marijuana would create a safer market in Florida. Tampa Bay Times. https://www.tampabay.com/opinion/2024/05/03/legalized-marijuana-would-create-safer-market-florida/

Martinelli, A. (2024, July 26). Florida’s Amendment 3 Would End Over 60,000 Marijuana Arrests Annually. The Marijuana Herald. https://themarijuanaherald.com/2024/07/floridas-amendment-3-would-end-over-60000-marijuana-arrests-annually/

Mizuno, T., Sakai, T., Tanabe, K., Umemura, T., Goto, N., & Ohtsu, F. (2021). Visualization of Kinase Inhibition-Related Adverse Events Using the Japanese Adverse Drug Event Report Database. Drugs – Real World Outcomes, 8(2), 197–206. https://doi.org/10.1007/s40801-021-00235-w

Zimlich, R. (2019, August 20). How legalization impacts teen marijuana use. Contemporary Pediatrics. https://www.contemporarypediatrics.com/view/how-legalization-impacts-teen-marijuana-use

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