How Florida's Campaign Against Marijuana Legalization Capitalized on Populist Sentiments

The effort to oppose the cannabis legalization amendment portrayed it as a “corporate greed scheme.”

How Florida's Campaign Against Marijuana Legalization Capitalized on Populist Sentiments
Anti-marijuana advocates in Florida understood that “Just Say No” would not suffice to defeat a ballot measure aimed at legalizing recreational marijuana in November.

While a majority of Florida voters supported legalizing cannabis, the amendment ultimately failed to meet the necessary 60 percent threshold for approval. This was a significant victory for Gov. Ron DeSantis, who leveraged the power of his office to undermine the proposal, even as Donald Trump, then a presidential candidate, expressed his intention to vote for it.

Initially, the outcome was uncertain. The opposition campaign, led by allies of DeSantis, utilized focus groups and strategic messaging—details of which were shared exclusively with PMG—to garner financial backing and move away from traditional anti-drug rhetoric.

The defeat of this increasingly popular legalization effort may provide insights for similar campaigns in other states.

Rather than emphasizing crime fears or rampant drug abuse, the campaign directed attention towards Trulieve, a major player in the medical marijuana market that invested nearly $144 million into the pro-legalization campaign. The aim was to convince voters that the initiative was merely a profit-driven endeavor for a corporation.

“You will not beat weed by being anti-weed, but by being anti-corporate,” explained Ryan Tyson, a prominent Florida pollster and long-time DeSantis adviser who participated in the “Vote No On 3” campaign.

This strategy developed during the sweltering summer months after early polling and focus group results indicated that Amendment 3 was gaining support. The political committee Smart & Safe Florida, which sponsored the initiative, had begun airing television ads promoting the measure, and the anti-marijuana forces remained largely unresponsive.

The opposition faced challenges in communicating their message effectively, as conventional anti-drug arguments failed to resonate with even some Republican voters who viewed cannabis legalization as a matter of personal freedom. DeSantis frequently refers to the state as the “Free State of Florida.”

However, a focus group in Palm Beach revealed valuable insights. Black voters who were previously in favor of the amendment changed their minds upon hearing about the financial windfall that Trulieve CEO Kim Rivers might reap from recreational legalization as reported in a Florida Trend article.

Consequently, the messaging was refined, framing the amendment as a “corporate greed scheme” that presented structured arguments. This approach succeeded in converting approximately 80 percent of focus group participants to vote “no.”

Tyson emphasized the importance of a specific order in the advertising arguments. The ads began by asserting that the measure would create a monopoly for Trulieve, followed by points about the lack of provisions for home cultivation and the immunity granted to pot companies against civil lawsuits. Traditional anti-drug arguments about the unpleasantness of marijuana odor for families concluded the narrative.

"You beat this by riding the wave of populist sentiment that our country is consumed in, leaving them wondering, ‘What is it you’re not telling me?'” Tyson stated, adding that the overarching message was, “It’s not about you, it’s about them.”

The campaign initially launched a website with standard anti-drug messaging aimed at distracting the pro-marijuana movement before shifting to the anti-corporate theme in televised ads weeks later. Polling didn’t reflect the decline in support until shortly before the election.

The ads omitted significant context. Trulieve's market dominance can be traced back to regulations enacted by the Florida Legislature following the approval of medical marijuana in 2016. Twenty-four other companies are also licensed for medical sales in Florida. The immunity clause in the amendment mirrored that of medical marijuana legislation.

“It is encouraging to see that the No on 3 campaign agrees that voters overwhelmingly approve of adult access to safe, lab-tested marijuana and, as a result, did not center their messaging around the core issue of legalizing limited amounts of marijuana for adults, but instead muddied the waters with disinformation,” the Yes on 3 campaign remarked in a statement to PMG.

The pro-legalization campaign supported allowing home growth of cannabis, although if Amendment 3 had passed, the Legislature would have needed to lift an existing ban. The Legislature also had the ability to issue additional licenses to facilitate more companies entering the marijuana market.

Nonetheless, the Vote No On 3 strategy aimed at vilifying Trulieve, combined with evidence that it could sway public opinion, enabled the DeSantis-aligned group to approach potential donors confidently.

James Uthmeier chaired the campaign while concurrently serving as DeSantis' chief of staff. He collaborated with P2 Pathway Public Affairs, which included strategists from DeSantis' unsuccessful presidential campaign, such as Tyson, Phil Cox, and Generra Peck. Additionally, Tre Evers of Consensus Communications was involved; he previously led the DeSantis-supporting super PAC Never Back Down.

Their opposition included familiar adversaries, as the Smart & Safe campaign had engaged Axiom Strategies, owned by Jeff Roe, a former ally of DeSantis who resigned from his role before the Iowa caucuses. Trump’s endorsement of the amendment had minimal impact on voters, culminating in only a Truth Social post supporting the cause.

Citadel CEO Ken Griffin emerged as the top contributor to the opposition with an initial $12 million donation, writing a Miami Herald op-ed that highlighted the profits large marijuana dispensaries stood to gain. In the campaign's final days, Griffin further increased his contribution.

The opposition effort ultimately raised $40 million, with funds channeled through the Republican Party of Florida, which exploited a campaign finance loophole for cost-effective ad purchases.

Although the amendment's opponents claimed they did not coordinate messaging, the leverage provided by DeSantis' state government played a role. The Florida Department of Children and Families notably allocated $4 million in opioid settlement funds to promote the health risks of marijuana for teenagers, as reported by the Tampa Bay Times.

As the election approached, both DeSantis and Florida's first lady Casey DeSantis began echoing the same anti-corporate rhetoric during public appearances that were labeled as press conferences by the governor's office.

This framing aligned with DeSantis' other confrontations with corporations, encompassing Walt Disney World, tech giants, and business practices related to environmental, social, and governance issues.

“Amendment 3 is being bankrolled by one big weed company,” DeSantis stated on Fox News. “They’re not doing that because they care about the best interests of Florida. They’re doing it because they want to make profits.”

Camille Lefevre contributed to this report for TROIB News