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FACT CHECK: Amendment 3 opponents take aim at marijuana companies. Are the claims true?

This election season, WPTV is fact-checking the claims you're seeing on all those televised political ads
Recreational Marijuana
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WEST PALM BEACH, Fla. — Groups on both sides of the recreational marijuana debate are spending big money to influence your vote on Amendment 3.

If it passes, Amendment 3 would allow adults in Florida over 21 to buy, possess and use marijuana without a medical card.

Supporters say it'll make a substance many people already use safer and generate revenue for the state.

But a new ad paid for by opponents says voters shouldn't buy that argument. WPTV fact-checked the ad and found multiple misleading claims.

"Giant corporations don't do things out of the goodness of their heart," the ad called "Monopoly" begins.

Read the full text of the amendment:

CLAIM 1 - "Marijuana mega-corporations spent $60 million putting Amendment 3 on your ballot."

This claim is true, if you round up.

Campaign finance records for Smart & Safe Florida, the group that sponsored Amendment 3, show marijuana companies donated just over $55.4 million before April 1, 2024, the day Florida's Supreme Court cleared the way for Amendment 3 to appear on the ballot.

Since then, marijuana companies have donated well over $60 million to Smart & Safe Florida, the group that sponsored Amendment 3.

CLAIM 2 - Amendment 3 "entrenches their monopoly…"

That's false.

The dictionary definition of a monopoly is "a commodity controlled by one party."

There are 25 parties currently licensed to sell medical marijuana in Florida, and Amendment 3 contains a clause that would automatically allow medical licensees to sell to all adults if the amendment takes effect.

CLAIM 3 – Amendment 3 "bans homegrown pot…"

That's misleading.

Growing pot at home is already banned in Florida.

While the language in Amendment 3 signals it still wouldn't be allowed, the amendment wouldn't be responsible for the ban.

CLAIM 4 – Amendment 3 "gives special licenses to select corporations"

This claim is unclear.

There is no mention of a "special license" in the amendment, but it does contain a clause allowing the Legislature to create a new kind of license for entities that are not medical marijuana treatment centers.

This would, in theory, allow more businesses to enter Florida's market.

Opponents Stand by the Ad

WPTV asked Vote No on 3, the group behind this ad that is officially registered with the state as Keep Florida Clean, Inc., to clarify its claims.

Regarding the first claim, citing $60 million to put the amendment on the ballot, a spokesperson affirmed that the Supreme Court approved the ballot measure on April 1, 2024, but cited fundraising totals up to April 30, 2024. Those totals did surpass $60 million during April but after the first of the month.

The spokesperson also provided a letter that Keep Florida Clean's lawyer sent to Smart & Safe Florida in response to a cease-and-desist letter over the "Monopoly" ad. The letter addressed the claims about home-grown pot, the creation of a marijuana monopoly and the "special licenses."

The letter says the assertion that "Amendment 3 would be the direct source of the ban" on growing marijuana at home "misses the point" and is a "fight over semantics."

The letter goes on to cite its definition of the word "monopoly," using case law and Black's Law Dictionary that defines the term to include multiple entities.

And finally, regarding the "special licenses" claim, the lawyer asserted, "Grandfathering (Medical Marijuana Treatment Centers) into the recreational marijuana business is in and of itself special, and… there is no guarantee that the Florida Legislature will allow additional licenses."

"Our opponents have been trying, to no avail, to have this ad taken down," said campaign spokeswoman Sarah Bascom. " This ad has been proven true over and over and not one single TV station has taken the ad down. Clearly they know this amendment, meant to pad their bottom line and make them billionaires through marijuana sales, sits poorly with voters. The truth hurts."

Read the full Keep Florida Clean Response letter below:

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