New Florida Bill Would Ban Public Smoking If Voters Approve Marijuana Legalization On The Ballot

“People don’t want to go outside and smell it. They don’t want to see it in public places.”

By Mitch Perry, Florida Phoenix

Gov. Ron DeSantis (R) has publicly stated that one of the main reasons why Floridians should reject a measure legalizing recreational cannabis for adults in November is that the smell of people smoking the herb will make the state a less enjoyable place to live.

“This state will start to smell like marijuana in our cities and counties,” he said days after the Florida Supreme Court approved putting Amendment 3 on the ballot. “It will reduce the quality of life.”

To combat that concern, Sarasota Republican state Sen. Joe Gruters said Thursday that he’ll introduce legislation next year banning smoking in all public places in Florida.

The former Republican Party of Florida Chairman stunned some of his colleagues two weeks ago when he came out in support of the proposed constitutional amendment, but said that he wants to get ahead of the concerns that DeSantis and others have expressed about side effects.

“People don’t want to go outside and smell it,” Gruters said on a remote conference call with reporters.” They don’t want to see it in public places. And so, to me, let’s follow the Arizona law and let’s go ahead and ban public smoking in all public places. I think this is easy to do, this is well within our authority, and I think that we need to get ahead of this. And that’s the whole purpose of the bill. It’s very simple.”

In the referendum that Arizona voters passed in 2020 legalizing cannabis for recreational use, the specific text of the law says that it “does not allow any person to smoke marijuana in a public place or open space.”

Florida law limits proposed constitutional amendment ballot summaries to 75 words. That’s allowed DeSantis and other critics to suggest some wild scenarios if the measure passes, such as allowing individuals to “bring 20 joints to an elementary school.”

Gruters said he is confident the Legislature will address all of those unanswered questions if the measure passes in November.

“When this passes, the implementation portion of the bill that the Legislature will come up with, that’s the easiest time to put some of these guardrails in place,” Gruters said. “And I would not want to wait for all the local governments to come around and do something but, at the same time, you gotta come up with a solution for a bill that will pass.”

Dr. Jessica Spencer, the director of advocacy for the Vote No on 3 campaign, called Gruters’s proposal “a stunning admission that Amendment 3 is filled with flaws that will turn Florida into New York and destroy our tourism industry by allowing unlimited marijuana consumption in public places.”

“It’s ironic that the same people who support legalizing recreational marijuana through constitutional amendment instead of trusting the legislature to do so, are now changing their tune and claiming they trust the legislature to fix the problem that their amendment creates,” Spencer said in a statement. “What’s worse, Gruters’s proposal doesn’t even fix the fact that Amendment 3 would still allow neighbors to smoke in their own apartments and condos and smell up the whole building. Amendment 3 and the failed plan that Gruters is proposing to bail it out must be rejected.”

According to the proposed bill language, the term “public place” means “a place to which the public has access, including, but not limited to, streets; sidewalks; highways; public parks; and the common areas, both inside and outside, of schools, hospitals, government buildings, apartment buildings, office buildings, lodging establishments, restaurants, transportation facilities, and retail shops.”

‘Freedom Doesn’t Stink’

Immediately after Gruters concluded his remote press conference, Smart & Safe Florida, the political committee campaigning for passage of Amendment 3, announced a new website called FreedomDoesn’tStink.com that lays out the Legislature’s ability to regulate recreational cannabis in the same way it does alcohol and tobacco.

“What really stinks is politicians lying to Florida voters about the realities of living in a state with more individual freedom and safer communities,” said Morgan Hill, spokesperson for Smart & Safe Florida. “Amendment 3 will put an end to arrests for simple marijuana possession, give adults the right to make their own choices, and provide Floridians access to safe, tested products. Smells pretty good to me.”

Joining Gruters on the conference call was Tampa Bay Democratic state Sen. Darryl Rouson and Broward County House Republican Chip LaMarca. Rouson said he is signing on as a co-sponsor of the bill in the Senate, while LaMarca will sponsor it in the House. LaMarca worked with Gruters on the 2022 law that allows local governments to restrict smoking on public beaches and public parks that they own, with the exception of cigars.

Cigars would be included as part of this legislation, Gruters said.

“Florida is known for its clean water and it’s clean air, and we don’t want people to come down in public places regardless of what happens on Nov. 5,” said LaMarca, who said that the proposal was a good idea and that’s why he wants to be involved with it.

“It really has nothing to do with the amendment, but I think it’s a good idea either way. I want to make sure that we keep our pristine environment, and people can go enjoy themselves at sidewalk cafes, beaches, parks, and quite honestly their own neighborhood.”

Neither Rouson nor LaMarca would say whether they support Amendment Three.

Split with DeSantis

In supporting measure, Gruters is going up against Gov. DeSantis and the entire Republican Party of Florida — both have come out in opposition to the proposed amendment and are raising funds to defeat it in November.

“I have not talked to [DeSantis] specifically about this bill in particular, but I have reached out regarding my support for the amendment, and I’ll leave it at that,” Gruters said.

Amendment 3 needs 60 percent support to become law later this year. The measure is getting 56 percent support from Floridians, according to a poll released on Wednesday from Florida Atlantic University. Other polls, however, have shown it receiving more than the 60 percent required for passage.

This story was first published by Florida Phoenix.