Florida GOP state Sen. pushes back on claims Amendment 3 would prohibit marijuana regulation

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JACKSONVILLE, Fla. — Florida State Senator Joe Gruters (R-Sarasota) is taking to the airwaves to defend Amendment 3, which would legalize recreational marijuana in Florida if it is approved by voters in November.

“These attacks about Amendment 3 are just blowing smoke,” Gruters said in the new ad put out by Smart & Safe Florida.

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In an interview with Action News Jax, Gruters argued attacks put forward by Amendment 3 opponents, the most prominent of whom is Florida Gov. Ron DeSantis, are false.

Especially false, he argued, is the idea Florida lawmakers will have no ability to restrict where and when people could consume marijuana.

Gruters has a bit of experience when it comes to time, place, and manner restrictions for controlled substances, as he sponsored legislation that allowed local governments to ban smoking and vaping on Florida beaches back in 2022.

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“The Florida Constitution is very clear. It gives the legislature the full control and the ability to go ahead and legislate items that are generally due to the safety, welfare and health of the population. It’s broad-based powers. We will be able to regulate this," Gruters said.

DeSantis has repeatedly suggested Amendment 3 would create a constitutional right to use marijuana, which he asserts would limit lawmakers’ authority to set restrictions.

“There’s nothing in their proposed amendment that authorizes any restriction of public use. They say you can’t be penalized for possessing or using it," DeSantis said.

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The amendment does state personal use will not be subject to any criminal or civil penalties, but Gruters noted it also specifically states the legislature is free to enact laws consistent with the amendment.

“We have a conservative Governor in Ron DeSantis, we have a conservative legislature. There’s no question in my mind that we will be able to have an implementing bill that will do the right thing for Florida," Gruters said.

Gruters said he’s already working on that implementing bill, but it will only come into play if Amendment 3 gets 60 percent support or more on November 5.

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