Officials discuss concerns about amendments passing

As millions of Floridians vote on two major amendments dealing with abortion and marijuana, some officials are raising concerns about how lawmakers can change or alter an amendment once it’s passed.

If you’ve turned on your TV, you’ve seen the ads for and against Amendments 3 and 4, and they both make all kinds of promises.

Amendment 3 would legalize recreational marijuana for people 21 and up.

Florida Gov. Ron DeSantis says it’s going to change the state’s culture.

“Beaches, parks, restaurants, storefronts, city streets, it will be Colorado on steroids,” said DeSantis. “There is nothing in this amendment that provides any authority to restrict the use of marijuana in public places. In fact, to the opposite.”

University of Central Florida political scientist Aubrey Jewett said the amendment’s backers have made it clear that the Florida legislature can regulate the language and make rules about where you can and can’t smoke.

“When it was up for review, you know, by the Florida Supreme Court to decide if it even could go on the ballot, they have gone on record as saying, absolutely, the government still has the ability to regulate by the plain language of that constitutional amendment,” said Jewett.

But state senator and lawyer Jonathan Martin told WINK News it’s not so simple.

The amendment would become a constitutionally protected right, so while the legislature could pass laws and DeSantis could sign them:

“Someday, the Florida Supreme Court is going to say, ‘Hey, that legislation you all pass sounds great, but it’s unconstitutional,'” said Martin. “If we make a reasonable law regarding recreational marijuana, that reasonable law will now be declared unconstitutional because it didn’t give us permission to make those reasonable laws.”

Martin said the same thing when it comes to Amendment 4, which would eliminate the state’s 6-week abortion ban.

“When Amendment 4 says, look, a healthcare practitioner can provide if they make a determination that the pregnancy is going to affect the health of the mother, they don’t define what healthcare practitioner means,” said Martin. “If the legislature goes in and says, ‘Hey, it should only be a doctor, because that would make sense. Somebody might come in and sue.'”

There is passion on both sides, but ultimately, whether or not either amendment passes is up to the voter.

A new Florida Atlantic University poll shows that Amendment 3 has 60% support and Amendment 4 has 58%.

Both need 60% of the vote to pass.