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Tuesday, November 05, 2024

Amendment 3 and 4 failed. What now?

Recreational weed and abortion rights will not be enshrined in the Florida Constitution

<p>Election day is right around the corner! Here’s everything you need to know about the six Florida ballot measures before Nov. 5, 2024. | El día de las elecciones está a la vuelta de la esquina. Aquí está todo lo que necesita saber sobre las seis medidas electorales de Florida antes del 5 de noviembre de 2024.</p>

Election day is right around the corner! Here’s everything you need to know about the six Florida ballot measures before Nov. 5, 2024. | El día de las elecciones está a la vuelta de la esquina. Aquí está todo lo que necesita saber sobre las seis medidas electorales de Florida antes del 5 de noviembre de 2024.

Both Amendment 3 and 4 failed with only 55.7% and 57% in favor, respectively. Both amendments needed 60% public approval to pass. 

Amendment 3 would have allowed for adults 21 years or older to possess, purchase or use marijuana products recreationally. The amendment would have allowed recreational possession up to three ounces. In order to gain ballot access, the amendment was approved by the Florida Supreme Court on April 1 and acquired over 1 million voter signatures. Under current Florida law, marijuana is legal only for medical use. 

Amendment 4 said that no law could restrict abortion before viability, which most healthcare professionals say is around 24 weeks. The amendment was expected to reinstate the protections that existed before the overturning of Roe v. Wade in 2022. The referendum received over 900,000 signatures in support before gaining ballot access.

Abortions in Florida are currently and will continue to be restricted by the Heartbeat Protection Act, which was upheld by the Florida Supreme Court on April 1. The legislation prohibits all elective abortion procedures in the state after the six-week pregnancy mark, with exceptions up to 15 weeks for documented instances of rape and incest. 

Throughout the state, over 78% of voters came out to the polls, with over 79% turnout in Alachua County. 

As nonpartisan issues, both Amendment 3 and 4 were not officially sanctioned by either political party. Amendment 3 had bipartisan support with both Florida Young Republicans and the Florida Democratic Party endorsing the amendment. 

Millions of dollars have been spent on Florida’s “Yes on 3” campaign, with one of the largest donors being Trulieve, a common medical marijuana dispensary. The company has already donated over $95 million to the initiative, Trulieve spokesperson Steven Vancore said. 

Unlike the bipartisan support for recreational marijuana, Amendment 4 was characterized as a more Democratic-leaning issue, with endorsements from organizations dominated by more liberal policy platforms like People Power Florida and the Florida Democratic Party. 

Gov. Ron DeSantis and his administration are facing legal trouble after threatening TV stations to not air ads in favor of Amendment 4. In a pending lawsuit from pro-Amendment 4 group Floridians Protecting Freedom against the Florida Department of Health, filed on Oct. 25, the Department of Health is accused of sending cease and desist letters to several TV stations  ordering pro-Amendment 4 ads to not be broadcasted. According to the lawsuit, these letters were written by DeSantis attorneys. 

On Oct. 29, the Republican Party of Florida filed a complaint with the Florida Elections Committee against Floridians Protecting Freedom. 

Amendment 4 failing is a victory for teenage girls who need parental consent in these procedures, for unborn babies who could otherwise be aborted to full term and to women’s health that basic safety standards will not be compromised, said Richard Sandler, a pediatric physician and professor of pediatrics and mechanical and aerospace engineering at the University of Central Florida. 

The co-chair of Florida Physicians Against Amendment 4 said the voters did the right thing. Florida is better than passing amendment 4, he said, Gov. DeSantis “really stepped up” and should be given credit for the hand he played. 

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“We are very grateful that Amendment 4 failed,” he said. “It was written in a misleading way,

if the citizens knew what was really in it and what it meant, it would have lost by an overwhelming margin.” 

In an official statement from the Yes on 4 campaign, the campaign wrote “the fight was never just about abortion—it was about government overreach, personal autonomy, and the right to live free from political interference. 

“Despite relentless government sabotage, the state's promotion of disinformation, and, anti-democratic attacks, the majority of Floridians still voted for Amendment 4. The people have spoken and have sent a clear mandate to the legislature: repeal Florida’s extreme ban. Today’s results are evidence of the strong support for abortion access in Florida and only fuels our resolve to keep fighting government interference,” wrote Lauren Brenzel, Campaign Director of Yes on 4.

Contact Morgan Vanderlaan at mvanderlaan@alligator.org. Follow her on X @morgvande.

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Morgan Vanderlaan

Morgan Vanderlaan is a second year Political Science major and the Fall 2024 Politics Enterprise Reporter. When she's not on the clock she can be found writing, reciting, and watching theatre!


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