Voters in Florida resoundingly affirmed a majority in favor of legalizing adult-use cannabis, but the key moment came and went when Amendment 3 fell short of the 60 percent supermajority required to amend the state constitution.

On Nov. 5, 2024, the amendment asking Floridians whether adults aged 21 and older should be permitted to purchase, possess, and use cannabis for non-medical purposes received about 56 percent “Yes” votes—specifically, approximately 5.95 million in favor and 4.69 million opposed. Despite commanding a clear majority, Amendment 3 was still rejected because state law mandates a 60 percent threshold for citizen-led constitutional changes to pass.

The measure—formally titled “Adult Personal Use of Marijuana”—would have allowed adults 21 and older to buy and use cannabis, possess up to three ounces of marijuana and five grams of concentrated cannabis, and enabled existing licensed medical marijuana entities to apply for adult use, provided they met regulatory requirements.

Why it failed despite a majority

Several factors explain why Amendment 3 drew majority support yet still fell short:

• Supermajority requirement. Florida’s constitution sets a 60 percent “Yes” threshold for citizen initiative amendments to take effect—meaning many measures that secure a simple majority still fail. Amendment 3 is now one of several examples.
• Strong opposition and campaign spending. Key opponents—including Ron DeSantis, the outgoing governor—mounted a vocal campaign against the measure, warning of unintended consequences. The “No on 3” side cited concerns that the amendment might lead to corporate domination of the market or fail to protect property owners and neighborhoods. Meanwhile, the supporters of Amendment 3 reportedly spent over $120 million on the push for legalization—making it one of the most expensive cannabis-legalization campaigns in U.S. history. 
• Skepticism about the language. Some voters and advocacy groups raised criticism of how the amendment was written, arguing it didn’t include home cultivation or adequately address concerns such as secondhand smoke, public consumption, or small business access. These issues provided ammunition for the opposition.
• Margin gap. Although 56 percent supported it, that still left roughly 4 million voters opposed—and given the 60 percent bar, the margin of shortfall proved too large to overcome. The distribution of “Yes” votes across counties also revealed geographic variances in support.

What’s next

Though the campaign fell short, the backers of adult-use legalization are moving ahead: the committee behind Amendment 3, Smart & Safe Florida, filed new paperwork in early 2025 to place a revamped proposal on the ballot in 2026. That new measure aims to address many of the concerns raised during this round.

Also looming is the broader question of citizen initiative reform in Florida. The defeat of Amendment 3 has reignited debate among lawmakers over whether the threshold should remain at 60 percent or whether other procedural reforms are needed—from how petitions are collected to the drafting of amendment language.

Implications for Florida’s cannabis landscape

For the state’s rapidly evolving cannabis industry—which under existing law allows only medical use and remains tightly regulated—the defeat is a reminder that majority public support still may not translate into immediate policy change.

Nonetheless, the fact that a clear majority of Floridians backed legalization marks a significant milestone. It suggests an evolving electorate and opens the conversation for refined policy proposals that could succeed in the future.

In short, Amendment 3 may have failed in the legal sense, but it succeeded in setting the stage for deeper debate and likely reforms. The question going forward: can advocates address the concerns that held back the “Yes” vote and craft a proposal that clears the 60 percent bar next time?

Read about Florida’s slow growth in medical cannabis patients here.