Targeting recreational marijuana legalization, Sen. Joe Gruters announces legislation to ban public smoking

by | Aug 15, 2024

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Sen. Joe Gruters, one of the sole Republicans to support recreational legalization efforts, announced proposed legislation that would ban smoking in public spaces statewide.


Sen. Joe Gruters announced proposed legislation on Thursday that would ban smoking in public spaces statewide, contingent on the voter approval of legalizing recreational marijuana in November.

The bill, positioned as a companion to the recreational marijuana initiative, Amendment 3, seeks to regulate the place and manner of smoking in all forms to “ensure public health and safety,” according to Gruters. He stated during a press event that the legislation is designed to prevent Florida from experiencing the same public smoking issues that he says are seen in cities like Las Vegas and New York City. Sen. Darryl Rouson appeared alongside Gruters as a bill co-sponsor. Rep. Chip LaMarca was also present in support.

The proposed ban would apply to all public spaces, including streets, sidewalks, parks, beaches, and common areas of buildings, Gruters said. It would cover smoking tobacco, cigars, vaping, and marijuana products. Gruters explained that the legislation would allow the state to “control the time, place, and manner” of where smoking occurs. 

“I think we can make it safer. I think it’s time to decriminalize and I think we can control the time, place and manner,” Gruters said. “People don’t want to go outside and smell it. They don’t want to see it in public places.”

Gruters also said that the bill draws on policy precedents established in states like Arizona, where public smoking bans were implemented alongside marijuana legalization. The proposed measure is rooted in the Florida Constitution’s authority and the language of Amendment 3, according to the senator, who also noted the bill’s success is largely predicated on the passage of Amendment 3 in November, calling it “dead on arrival” if the amendment is voted down.

Gruters, however, expressed confidence that the bill would be well-received, given that public consumption of marijuana has been among the most commonly cited complaints by officials in opposition.

Last month, Gruters formally endorsed Amendment 3, becoming one of the sole state Republicans to speak in support of the initiative.

Gruters, who chairs the Florida Senate’s Regulated Industries Committee, contended that legalizing recreational marijuana would advance individual freedoms and ensure public health and safety. He also noted his commitment to “limiting government overreach” and argued that legalizing marijuana aligns with these principles by extending personal liberties.

“Supporting Amendment 3 is a common-sense decision that prioritizes individual freedom, health, safety, and economic growth,” said Gruters, adding in a post to X that “Amendment 3 is about personal freedom; but it is also about creating a safer, more regulated recreational marijuana market and generating much-needed revenue for critical public services like our law enforcement.”

Amendment 3, which proposes the legalization of marijuana for adults aged 21 and older, has the backing of 56 percent of voters, according to an FAU/Mainstreet Research poll published on Wednesday, falling below the necessary 60 percent voter support threshold for passage.

 Younger voters, particularly those aged 18 to 49, were found to be the most supportive, with 69 percent in favor, though support decreases among older voters, with just 47 percent of those aged 50 and above endorsing the measure. The poll also indicated that support is consistent across gender lines, with 56 percent of both men and women in favor of legalization.

Demographically, the amendment receives strong backing from Democrats, 74 percent of whom support legalization, compared to 37 percent of Republicans and 63 percent of Independents. Among racial groups, 57.9 percent of Black voters and approximately 56 percent of white voters, both college-educated and non-college-educated, favor the amendment. However, Hispanic voters show the highest level of opposition, with 35.4 percent indicating they would not support the measure.

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