In a closely watched vote, Florida voters rejected Amendment 3, a constitutional amendment that would have legalized recreational marijuana in the state. Despite public endorsements from major political figures, including former President Donald Trump and the Florida Democratic Party, the initiative fell short of the 60% supermajority required for passage, according to projections from NBC News.

This outcome means that Florida’s cannabis laws remain unchanged, preserving the status quo in which marijuana is permitted only for medical use under a physician’s recommendation. The state’s medical program, expanded by voters in 2016, will continue to serve as Florida’s sole legal cannabis framework.

Political Crosscurrents: Trump vs. DeSantis

The fate of Amendment 3 became a flashpoint in broader national political narratives, underscoring tensions between Trump and Florida Governor Ron DeSantis, both influential voices in Republican politics.

• Trump, a Florida resident, publicly announced in September 2024 that he would vote “YES” on Amendment 3, calling for “smart regulations” but expressing support for the measure as a reflection of evolving public opinion.
• DeSantis, on the other hand, emerged as a vocal opponent. He repeatedly criticized the initiative in press appearances, warning of a rise in public nuisance and unwanted cultural changes. In a May 2024 Fox News interview, he stated: “The state would smell like it. We don’t need that in Florida.”

This division created a rare Republican rift over cannabis policy, with DeSantis appealing to more traditional conservative voters, while Trump leaned into his populist base and the growing national acceptance of cannabis reform.

Why Amendment 3 Failed

To pass a constitutional amendment in Florida, ballot initiatives must secure 60% of the vote—a high bar that has derailed other major reform efforts, including abortion rights and minimum wage increases in the past.

While support for cannabis legalization continues to grow nationally, Florida’s attempt was stymied by several factors:

• DeSantis’ aggressive opposition, including strong messaging around public safety and community values.
• The lack of robust bipartisan campaigning for the measure outside of Trump’s late-stage endorsement.
• Uncertainty among moderate voters about the implications of full-scale legalization, especially with regard to retail storefronts and public use.

Florida’s Cannabis Future

For now, adult-use cannabis remains illegal in the Sunshine State. The result is a disappointment for industry stakeholders and advocates who had hoped Florida would become the next major market to join the ranks of 24 states that have legalized recreational use.

Despite the setback:

• Florida still boasts one of the largest medical cannabis markets in the U.S., with more than 800,000 registered patients.
• Advocates may resubmit a revised ballot initiative for a future election cycle, potentially in 2026, when voter turnout patterns could differ.
• Trump’s public backing of legalization could influence future GOP-led cannabis reform, particularly at the federal level, where bipartisan bills like the STATES 2.0 Act are gaining traction.

What’s Next?

Florida’s rejection of Amendment 3 underscores the complexity of cannabis reform in states with high constitutional thresholds and politically divided leadership. While the national momentum continues, the battle in Florida shows that winning at the ballot box still requires coalition-building, early campaigning, and aligned messaging.

As the 2025 legislative landscape unfolds, Florida’s cannabis advocates are expected to regroup, analyze voter data, and prepare for the next round of reform—possibly with Trump’s support still in their corner.

A bipartisan group of congressional lawmakers has reintroduced the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act, a sweeping cannabis reform bill designed to end federal marijuana prohibition in jurisdictions where cannabis is legal. Sponsored by Reps. Dave Joyce (R-OH), Max Miller (R-OH), and Dina Titus (D-NV), the legislation would formally respect state-level cannabis policies while establishing a minimal federal regulatory framework for oversight.

The bill’s introduction arrives at a pivotal moment for federal cannabis policy. With support from figures like President Donald Trump, who has endorsed a states’ rights approach to marijuana regulation and voiced support for legalization initiatives during his campaign, the STATES 2.0 Act seeks to codify that philosophy into law.

What the STATES 2.0 Act Would Do

1. End Federal Interference in Legal States
The bill would amend the Controlled Substances Act (CSA) to prevent federal prosecution of individuals and businesses acting in compliance with state or tribal cannabis laws. It would also protect interstate cannabis commerce between legal jurisdictions, an issue becoming increasingly relevant as more states move to establish licensed markets.

2. Exempt Legal Businesses from IRS 280E
A major win for cannabis operators, the STATES 2.0 Act would exempt state-legal cannabis businesses from Section 280E of the Internal Revenue Code, which currently prevents them from deducting ordinary business expenses.

3. Establish a Basic Federal Oversight Framework
Under the bill, the Alcohol and Tobacco Tax and Trade Bureau (TTB) would oversee cannabis commerce across state lines, while the FDA would retain authority over cannabis products marketed as drugs, supplements, or food items. Key federal agencies would be required to finalize rules within 180 days of enactment.

4. Address Public Health and Safety
The bill includes several safety guardrails:

• Restrictions on marketing cannabis products with alcohol or tobacco.
• Prohibitions on employing minors in cannabis operations.
• Mandated contaminant testing and youth prevention strategies.

It also calls on the Government Accountability Office (GAO) to study the effects of legalization on traffic safety and provide a report to Congress.

Why This Matters

Cannabis reform advocates have long called for legislation that harmonizes federal policy with state legalization. The STATES 2.0 Act represents a significant step in that direction. With 24 states legalizing adult-use cannabis and 39 allowing medical use, the bill would offer legal clarity, tax relief, and a foundation for interstate commerce without mandating nationwide legalization.

This approach echoes President Trump’s stated position on cannabis: allow states to determine their own policies while limiting federal interference. During his campaign, Trump supported rescheduling cannabis and expressed approval of legalization initiatives in Florida, although no federal action has been taken yet under his second term.

Bipartisan Support and Industry Endorsements

This iteration of the STATES Act retains the core provisions from earlier versions introduced in past sessions. It’s backed by a broad coalition of advocacy and industry organizations, including:

• Coalition for Cannabis Policy, Education, and Regulation (CPEAR)
• R Street Institute
• Americans for Prosperity (AFP)
• U.S. Cannabis Roundtable (USCR)
• Reason Foundation

These organizations argue that the bill provides necessary clarity for businesses, law enforcement, and consumers while respecting state sovereignty.

Limitations and Challenges

Despite bipartisan support, the White House has signaled no immediate plans to prioritize cannabis policy in 2025. This includes rescheduling, banking reform, and other issues long championed by the industry.

Additionally, although the STATES 2.0 Act addresses several key industry concerns, it does not create a national legalization framework, nor does it mandate a federal excise tax. It instead recommends that any federal tax be modest and not layered on top of already-high state taxes to avoid financial burdens for legal businesses.

The legislation also explicitly maintains federal authority over violations of state law, ensuring that rogue actors or those skirting local regulations would still be prosecutable under federal law.

What Comes Next?

The STATES 2.0 Act’s path through Congress remains uncertain. While the bill aligns with the administration’s articulated stance and enjoys support across the aisle, passage will depend on committee prioritization, party leadership, and broader congressional appetite for cannabis reform amidst competing legislative priorities.

Still, the measure represents the most comprehensive and politically viable effort to date to reconcile federal and state cannabis laws without pushing for full national legalization. As lawmakers revisit cannabis regulation in 2025, the STATES 2.0 Act stands as a key bellwether for the direction of federal cannabis policy.

​As of April 2025, the legal status of cannabis in the United States varies significantly across states. While federal law continues to classify cannabis as a Schedule I controlled substance, many states have enacted laws permitting its use for medical and/or recreational purposes. This has resulted in a complex legal landscape that can be challenging to navigate.​

States with Legal Recreational Cannabis

As of April 2025, 24 states and the District of Columbia have legalized cannabis for recreational use. In these jurisdictions, adults aged 21 and over can legally purchase and possess cannabis, subject to specific regulations.​

List of States with Legal Recreational Cannabis:

• Alaska​
• Arizona​
• California
• Colorado​
• Connecticut
• Delaware​
• Illinois​
• Maine​
• Maryland​
• Massachusetts​
• Michigan​
• Minnesota​
• Missouri​
• Montana​
• Nevada
• New Jersey​
• New Mexico
• New York
• Ohio​
• Oregon​
• Rhode Island​
• Vermont​
• Virginia​
• Washington​

Additionally, the following U.S. territories have legalized recreational cannabis:​

• District of Columbia​
• Guam​
• Northern Mariana Islands​
• U.S. Virgin Islands​

It’s important to note that while possession and use are legal in these jurisdictions, the specifics regarding purchase limits, home cultivation, and public consumption can vary. For instance, some states allow home cultivation, while others do not. Moreover, commercial sales may not be operational in all areas immediately following legalization.​

States with Legal Medical Cannabis

Beyond the states that have legalized recreational use, an additional 15 states have legalized cannabis strictly for medical purposes. Patients in these states can access cannabis products with a recommendation from a licensed healthcare provider, typically for a specified list of qualifying conditions.​

List of States with Legal Medical Cannabis Only:

• Alabama​
• Arkansas​
• Florida​
• Hawaii​
• Kentucky​
• Louisiana​
• Mississippi​
• Nebraska
• New Hampshire
• North Dakota​
• Oklahoma​
• Pennsylvania​
• South Dakota​
• Utah​
• West Virginia​

In these states, the medical cannabis programs vary in terms of qualifying conditions, product availability, and patient registration requirements. Some states have more restrictive programs, while others offer a broader range of products and conditions.​

States with Limited or No Legal Cannabis Access

The remaining 11 states have either limited cannabis access or maintain strict prohibitions. Some of these states allow the use of low-THC, high-CBD products for specific medical conditions, while others prohibit cannabis use entirely.​

List of States with Limited or No Legal Cannabis Access:

• Georgia​
• Idaho​
• Indiana​
• Iowa​
• Kansas​
• North Carolina​
• South Carolina​
• Tennessee​
• Texas​
• Wisconsin​
• Wyoming​

In these states, cannabis remains largely illegal, with limited exceptions for certain medical conditions and low-THC products. Advocacy efforts continue in many of these states to expand access to medical or recreational cannabis.​

Recent Developments and Future Outlook

The landscape of cannabis legalization in the United States continues to evolve. Several states are actively considering legislation or ballot initiatives to legalize cannabis for medical or recreational use. For example, Pennsylvania’s governor has expressed support for adult-use legalization, and legislative efforts are ongoing. Similarly, states like Hawaii and New Hampshire are exploring pathways to expand cannabis access.​

At the federal level, discussions about reclassifying cannabis under the Controlled Substances Act are ongoing, which could have significant implications for research, banking, and interstate commerce.​

Conclusion

As of April 2025, cannabis legalization in the United States presents a diverse and evolving landscape. With 24 states and several territories permitting recreational use, and an additional 15 states allowing medical use, a significant portion of the U.S. population has access to legal cannabis in some form. However, 11 states maintain restrictive policies, highlighting the ongoing debates and legislative efforts surrounding cannabis legalization. As public opinion continues to shift and more states consider changes to their cannabis laws, the national landscape is poised for further transformation in the coming years.