Love it or hate it, the whiff of weed is a burning issue for many when it comes to whether or not to totally legalize its usage.
Floridians will be seeing a recreational marijuana legalizationmeasure appear on their November’s ballot, seeing if the state will be the next to allow its residents light it up without a medical marijuana card.
However, in the midst of critics and politicians — led by Florida Governor Ron DeSantis — arguing about the potential problems of marijuana legalization, many have highlighted another issue with the plant — it's smell. Its pungent odormight be enough for some to still want to ban weed, claiming it is a "quality of life" issue.
And it's not just Florida. Other states (and even other countries) have complained about the stench of the weed, whether from communal hotboxingin public areas or the surge of vape showing up, according to Bloomberg. Neighbors have even sued one another over the smell alone, as seen a 2020 civil case where a women claimed she was "made ill" by marijuana smoke from her nearby neighbor.
What does marijuana smell like?
It depends on the naturally occurring chemical compounds, called terpenes, that are dominant in the strain. But typically, those complaining of the smell comment on the “straight skunky smell” of popular strains.
New Scientist highlighted a specific chemical responsible for earthy, pungent smell — molecule called 3-methylbut-2-en-1-yl (321MBT).
Don Wrightat Don Wright & Associates, an odor monitoring and control consultancy, told Bloomberg in its report that his team found the molecule after focusing on the smallest possible group of chemicals that matched the odor's characteristic. They also used an indoor greenhouse experiment to show that the concentrations ofvolatile sulphur compoundscontaining 321MBT increase significantly during the last flowering stage for cannabis plants.
What does it compare to? Wright said the molecule is responsible for the smell that occurs in beer packaged in clear bottles after it has been exposed to sunlight and infamous smell of "musky spray" from mammalian skunks.
However, the introduction of other chemicals to a strain can produce a different smell and mask the strange odor, such as a "sweet" or "tropical" smell.
How long does the smell of weed last?
Westword's "Ask a Stoner" column also gives a mixed answer, saying the key word is “ventilation.”
"Smoking a joint inside a room with no open window or constant air-conditioning will leave it smelling like stale pot smoke for days," columnist Herbert Fuego said. "Smoke that joint next to an open window and turn a fan on afterward, though, and the smell will probably be gone within three to five hours, though the direction of the outside air and contents of the room (clothes like to soak up smoke) could change that."
So if you (legally) smoked a joint where you weren't supposed to, make sure to crack a window or blast the A/C. Fuego warns it especially lasts a long time in your mother's house.
'Reduce quality of life': DeSantis shares concern for marijuana stench
Gov. Ron DeSantissounded offhis concerns over the smell of marijuana smoke becoming prevalent in public places in a March press conference.
"The weed one is not just decriminalize. It's basically a license to have it anywhere you want," DeSantis said. "No time, place, and manner restrictions. This state will start to smell like marijuana in our cities and towns; it will reduce the quality of life."
DeSantis expressed his worry that the referendum, were it to pass, would prevent the state and its local government from tailoring restrictions on where and when marijuana can be consumed, even allowing it to be smoked near schools.
"It is the broadest language I've ever seen. It seems to supersede any other regulatory regime that we have. People in downtown areas and other communities, this is going to be part of your community," DeSantis said.
If Amendment 3 does pass, will you be able to smoke marijuana everywhere? No
According to Amendment 3's own ballot language, it would allow for consistent legislation. Even if the amendment wins at the polls in November, marijuana won't instantly become legal in Florida.
The process of taking a successful referendum and enacting it into law can possibly take months and months. Even if the referendum passes, the state legislature has to make decisions on how exactly to implement the law, including specific regulations around how much marijuana could be purchased at one time, potency limits, rules around marketing, and any other concerns that arise during the process, such as where smoking is allowed.
Smart & Safe Florida have also shared on its own site that the legislature retains the power to enact regulations that ensure clean, family-friendly public spaces, just as it does with tobacco and alcohol.
“Smart & Safe Florida is committed to safe access to cannabis products while empowering the legislature to enact comprehensive regulations, spanning from cultivation to consumption, including where people may or may not smoke in public. Such protections are customary with the implementation of any policy in our state regardless of industry," saidSmart & Safe Florida spokespersonMorgan Hill.
Is weed currently legal in Florida?
Yes, but only in certain cases.
Marijuana is currently only legal in Floridafor those who have aMedical Marijuana ID Card, which is given to those who have been diagnosed by a doctor with a qualifying condition and can afford it. The amendment for medical marijuana wasadopted by Florida votersin 2016 by a vote of 71% to 29%.
Gettinga medical marijuana card in Floridais a three-step process involving a diagnosis from a qualified physician for certain medical conditions, registering in Florida’s Medical Marijuana Use Registry and applying for a registry ID.
Cards cost $75 and must be renewed every year within 45 days of the card's expiration for an additional $75 in addition to the potential cost of visiting a physician.
While it is still legal to possess in public, you cannot smoke medical marijuana anywhere in public or in vehicles.
Possession of marijuana under Florida law is still a crime for those without a card. Anyone with 20 grams or less of weed faces up to a year in jail and up to $1,000 in fines.
Is the smell of weed probable cause in Florida?
Probable cause is required for a law enforcement officer to arrest a person without a valid warrant. Since the passing of medical marijuana, law enforcement cannot legally bust into your home without a warrant because they smell weed.
"Odor can still play a role in developing probable cause, but the test under the current law is odor plus another factor," Flaherty and Merrifield Criminal Defense said. "This means that if an officer smells marijuana, that is not enough, the officer must observe other cues based on his training and experience to develop probable cause and arrest someone without a warrant.
Will recreational marijuana be legalized?
Florida voters will see recreational marijuana on theballotinFloridaas aninitiated constitutional amendment, known as Amendment 3,onTuesday, Nov. 5, the same day as the presidential election.
Amendment 3seeks to legalize recreational marijuana, allowing those 21 and older to have up to 3 ounces and up to 5 grams of cannabis concentrate.
Smart & Safe Florida hasraised to date nearly $55 million, according to a report by the USA TODAY Network's Tallahassee Democrat.Most of that amount has already been spent on gathering enough signatures for the measure to make the ballotand most of that has come from Trulieve, the state's largest medical marijuana operator.
It still needs to receive a supermajority or 60% of the vote. Early voting for the 2024 general election begins Monday, Oct. 21.
Contributing reporting: Tyler Vazquez, Florida Today
