Florida rekindles debate on cannabis legalization

A new bill introduced in Florida puts one more piece in the legalization of cannabis in that state.

Tabled by Democratic Senator Carlos Guillermo Smith, This proposal aims to legalize cannabis consumption by adults while fundamentally reforming the cannabis market. medical marijuana, which is tightly controlled in Florida, and which its critics accuse of operating like a monopoly.

This initiative comes at a time when the Florida Supreme Court examines the constitutionality of another legalization measure supported by the industry, which is expected to be put to the voters in November. Against this uncertain backdrop, Smith's bill is positioned as both a legalization framework and a structural overhaul of how cannabis businesses are licensed and regulated in the state.

What the bill would change for adults and patients

Under the proposed legislation, adults aged 21 and over would be allowed to possess up to four ounces (112 grams) of cannabis or products containing up to 2,000 milligrams of THC. Visit patients using cannabis for medical purposes would gain additional rights, including the ability to grow up to six flowering plants at home for personal use.

If adopted, the medical cannabis treatment centers (MMTC) could apply for adult retail licenses and start selling to non-medical consumers as early as next January. However, possession would remain legal only for products purchased from licensed operators.

Smith presented the bill as a response to voter frustration after a 2024 referendum initiative received majority support, but failed to cross the approval threshold of 60% in Florida.

«We can't call ourselves the ’Free State of Florida« while continuing to criminalize adult-use cannabis,» he said. He added that the proposal would deliver a »safe, responsible and strictly regulated« system while expanding individual freedoms.

Ending vertical integration in Florida's cannabis sector

One of the most interesting elements of the bill concerns the structure of the medical market in Florida. Currently, MMTCs are required to operate under a’vertical integration, They control cultivation, processing, distribution and retailing. According to their critics, this approach has limited competition and favoured a small number of large operators.

The new legislation would separate license categories, authorizing independent licenses for cultivation, manufacturing, transport and retail. Although it does not impose a specific increase in the number of licenses, it does place the onus on the Florida Department of Health revise registration and renewal rules, opening the way to new entrants.

The proposal would also allow licensed growers and processors to engage in wholesale transactions with other operators, which is currently prohibited. At the same time, the Ministry of Agriculture and Consumer Services would be responsible for drawing up rules for personal cultivation, including the possibility of cooperative cultivation models.

Beyond market structure, the bill includes provisions for social equity. The people with previous convictions for that become legal could apply for resentencing or deregistration. Medical cannabis products would remain exempt from state taxes for patients and caregivers, but local governments could impose business taxes on dispensing establishments.

A broader political and legal battle

The proposal comes against a backdrop of intense political maneuvering. Republican leaders, including Governor Ron DeSantis, have openly criticized efforts to legalize of adult use, arguing that such policies should not be enshrined in the state constitution.

At the same time, polls suggest strong public support, with 67% of Florida voters favoring legalization, across all parties.