Gov. Ron DeSantis is alleging that legalizing marijuana inevitably means police won’t stop weed smokers lighting up at commercial restaurants.
“Law enforcement is not going to,” DeSantis said. “They’re not going to spend time policing whether it’s being used in a restaurant or not if it’s a constitutional right. They’re just going to want to stay out of it because they’re not going to want to end up getting sued.”
The Governor made the baseless allegation during a telephone town hall hosted by the Republican Party of Florida. A recording was posted by Mediaite after reporter Sarah Rumpf received a robocall that patched individuals who picked up into the conversation.
DeSantis has campaigned heavily against Amendment 3, which would decriminalize marijuana for adult recreational use. His town hall comments came after a caller identified as “Julian from Miami” asked if, after the amendment’s passage, “somebody could be smoking weed while next to me sitting inside a restaurant eating dinner?”
“Yes,” DeSantis said. “I mean, I think that’s what’ll happen. Because the way the amendment is written, they’re saying you have a constitutional right to possess and smoke marijuana, and that’s different than what Colorado did or California did.”
Of note, Amendment 3 never mentions a right in either its ballot summary or the full text of the proposed constitutional amendment. But if the measure passes, which requires 60% support in the Nov. 5 General Election, it will require Florida to allow “possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise.”
It also establishes a possession limit of 3 ounces, and that no more than 5 grams can be concentrate.
But the measure also states that “nothing in this amendment prohibits the Legislature from enacting laws that are consistent with this amendment.” Sen. Joe Gruters, a Sarasota Republican who endorsed the measure, has stated he will introduce implementing legislation for the amendment that also bans smoking in public places.
The Smart & Safe Florida campaign behind the measure has embraced that proposal. The campaign has a website, Freedom Doesn’t Stink, that promises “public spaces will remain smoke-free, with the same restrictions as tobacco” and that “legalization will allow ‘no smoking’ rules to be established and enforced.”
The amendment itself builds on a medical marijuana amendment passed by voters in 2016. The Florida Constitution has language there already addressing use of medical cannabis in public, making clear: “Nothing in this section shall require any accommodation … of smoking medical marijuana in any public place.”
DeSantis, though, asserted that since the amendment language is silent on public smoking of recreational marijuana, that binds the Legislature.
“Some say, ‘Oh, well the Legislature can come in and they can fix this.’ First of all, that’s just not true,” DeSantis said, “and if you read the actual text of the amendment there’s nothing in the amendment that would give the legislature that authority.”
He called the amendment “horribly written” and a giveaway to marijuana companies.
“If you want to protect people’s freedom to be able to breathe clean air and be in these spaces without having this intrude, this amendment is not giving you the protection you deserve,” DeSantis said.
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