Gov. Ron DeSantis continues to deride a measure legalizing recreational marijuana, raising the specter of users smoking near K-12 schools.

“That would be put in the constitution. So someone walking by an elementary school just sitting there toking up that’s somehow okay?” DeSantis told reporters at an event in Miami. “How is that good for the state of Florida?”

The measure, which will appear on the ballot as Amendment 3, would legalize the use of marijuana for recreational purposes by those over 21. It would also grant licensed medical marijuana treatment centers the ability to “acquire, cultivate, process, manufacture, sell, and distribute” marijuana and related products for such use.

The amendment also notes that it doesn’t change federal law, which still classifies marijuana as a Schedule I drug that is illegal.

Steve Vancore, a spokesman for the Smart & Safe Florida group backing the ballot measure, counted DeSantis, noting the courts have recognized the Legislature’s power to restrict where and when certain substances can be used. He pointed specifically to tobacco.

“The Legislature has broad discretion under its police powers to regulate conduct in the public interest, and there is ample precedent for regulation of public behavior that would support legislation governing use of marijuana in public places,” Vancore stated. “Additionally, please note that while you may have the right to smoke tobacco, for example, you do not have the unrestricted right to smoke in public places like restaurants or libraries.  The same would apply to public smoking of marijuana and we of course would strongly support the limitations of public smoking just as the state already does for tobacco products.”

If 60% of voters approve the measure, it would take effect six months after the November election. Voters in 2016 approved an amendment legalizing marijuana for medical use.

DeSantis signed a bill in 2019 implementing that medical marijuana measure, which he said gives him credibility on the issue.

“This amendment is the broadest amendment yet and I think it’s basically going to green light marijuana usage in all these different parts of the state where we don’t want that to happen,” DeSantis said. “That is not good for families, that is not good for the elderly.”

DeSantis also noted that marijuana companies are backing the measure. Trulieve has led the way, donating more than $40 million to get it on the ballot, and was joined by Verano Holdings, Curaleaf, Greenthumb Industries, Ayr Wellness Inc. and Cresco Labs in the last quarter, during which Smart & Safe Florida, the political committee behind the effort, raised nearly $14.9 million.

“People aren’t putting tens of millions of dollars behind that out of the goodness of their heart,” DeSantis said. “They are going to make a lot of money if that amendment passes so you’d be making some companies very, very rich.”

DeSantis’ political committee received a $25,000 donation from Trulieve in November 2020, two years before it began its push to get recreational marijuana on the ballot.

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