TALLAHASSEE, Fla. — The big two ballot measures, recreational marijuana and abortions until viability, didn’t get the 60% support needed. But could those losses be turned into victories during the next legislative session?
A majority of Floridians still voted in favor of Amendments Three and Four— (55.89% and 57.15% respectively). That’s important to remember, say supporters.
“Fifty-seven percent of the vote may not be enough to amend the state constitution,” said Rep. Anna Eskamani (D-Orlando). “It still sends a very clear message to Gov. Ron DeSantis and other anti-abortion extremists in the legislature that Floridians do not want a near total abortion ban to be in place.”
State Rep. Eskamani thinks the GOP-controlled legislature should keep that in mind next session. She said it might lead to a more moderate version of the current law.
“I would hope that there is some pressure to move away from six weeks into a period where more people will at least realize they are pregnant,” Eskamani said. “But, to be very candid, I don't think this legislature cares at all about women's health and well-being. I mean, these are lawmakers who overwhelmingly voted to approve a six-week abortion ban, and unfortunately many got reelected.”
Last week, we asked one of the state’s biggest political operators to weigh in on the idea. DeSantis Chief of Staff James Uthmeier tried to stay out of it.
“I’m not going to speculate on what's going forward,” said Uthmeier. “I mean, we're so busy working day to day about what's going on right now, so I'll leave it to that. That legislature will have new people coming into office, and I'm sure we'll be getting together on a host of things come the New Year.”
Florida’s GOP Chair Evan Power didn’t believe easing the six-week ban would be among them. He said pressure from Democrats hasn’t done much yet.
“It's over for now,” said Power. “It's been the issue that Democrats have run on for two cycles, and it allowed us to win big in two cycles. So I don't think that's an issue that we need to even talk about anymore. I think it's a settled deal.”
When it comes to recreational marijuana, Power saw a path to potential compromise. The amendment had bipartisan support in the legislature and backing from both presidential candidates.
“There is some room,” said the chair. “I think there's a discussion on whether people should go to jail for simple possession, whether where people should be able to smoke weed if they have it, and then the idea of home grow came up. Those are all discussions that belong in the legislature. They don't belong in the constitutional amendment process. So, I think we will continue to have those discussions in the legislative process.”
It had Trulieve's CEO Kim Rivers, who helped bankroll the amendment, optimistic when she spoke to ABC Action News on Wednesday.
“I’m actually energized this morning,” said Rivers. “I, you know, I think folks may be a little surprised by that, but I think this campaign has really, again, brought a lot of different folks together— some of the folks that were on the opposing side. I think there's common ground, and I think that there is a real path forward here in Florida.”
And there is still a constitutional path forward in 2026. Groups can try again — if they get the signatures, and maybe with some changes to their language. It just depends on whether that’ll be enough to cross the finish line of 60% come election night.
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