Florida Attorney General Withdraws Supreme Court Review Request After State Says Marijuana Initiative Fell Short on Signatures
Florida Attorney General James Uthmeier (R) has withdrawn a request for the state Supreme Court to review the constitutionality of a proposed marijuana legalization initiative after election officials determined the campaign failed to submit enough valid signatures to qualify for the November ballot.
The move follows a certification from the Florida Department of State that the campaign backing the proposal Smart & Safe Florida submitted just 783,592 validated signatures, falling short of the 880,062 required to trigger ballot placement and Supreme Court review.
But the campaign is sharply disputing the state’s determination and is urging the justices to reject the attorney general’s request for dismissal, arguing that unresolved legal challenges could still put the initiative over the threshold.
Attorney General Says Supreme Court Review Is No Longer Warranted Due to Alleged Signature Shortfall
In a filing submitted to the Florida Supreme Court, Uthmeier said his office was withdrawing its earlier request for an advisory opinion on the initiative’s constitutionality because the proposal no longer qualifies for ballot placement under state law.
The filing asks the court to dismiss the case and cancel oral arguments that had been scheduled for February 5, 2026.
“The Attorney General respectfully submits that the Court should dismiss this case,” the filing states, citing the secretary of state’s determination that the campaign failed to meet the required signature threshold.
The request effectively pauses judicial review of the proposal unless the court decides otherwise.
Smart & Safe Florida Pushes Back, Arguing Signature Disputes Are Still Under Active Legal Review
Smart & Safe Florida, the campaign behind the legalization proposal, is not conceding defeat.
In a reply brief filed with the court, the campaign argued that the secretary of state’s determination rests on disputed signature invalidations that are currently being challenged in court. If those challenges are successful, the campaign says, tens of thousands of signatures could be restored.
“Should the Sponsor prevail in those actions, up to 98,000 petitions would be added to the total, easily surpassing the 880,062 necessary for ballot placement,” the campaign wrote.
The group also said it has submitted public records requests to all 67 county supervisors of elections to determine whether additional valid signatures were improperly excluded from the official count.
Campaign Warns Dismissal Would Unconstitutionally Strip Court of Jurisdiction
Beyond disputing the signature tally, Smart & Safe Florida raised constitutional concerns about allowing the attorney general to withdraw a request for Supreme Court review while signature disputes remain unresolved.
“If section 16.061(4) were construed to require this Court to dismiss an advisory-opinion case where the Secretary of State’s determination is currently subject to legal challenge, the statute would be unconstitutional,” the campaign argued.
The brief contends that such a procedure would give the secretary of state “effectively unreviewable authority” to block citizen initiatives from reaching the ballot—even if the underlying determination later proves legally invalid.
The campaign also warned that immediate dismissal could leave insufficient time for the court to issue a constitutionally required advisory opinion should the signature disputes be resolved in the campaign’s favor.
Signature Invalidations and Lawsuits Have Defined the Current Legal Battle
The dispute over ballot access follows months of litigation between Smart & Safe Florida and state officials.
Among the contested issues are the invalidation of approximately 42,000 signatures from so-called “inactive” voters and roughly 29,000 signatures collected by out-of-state petitioners. The campaign alleges that Secretary of State Cord Byrd (R) improperly directed county election officials to reject those petitions as the submission deadline approached.
Earlier in the cycle, a court upheld the invalidation of roughly 200,000 signatures because the petitions did not include the full text of the proposed amendment. While the campaign disputed that interpretation, it declined to appeal the ruling, believing it had collected more than enough signatures to qualify regardless.
State and Business Groups Continue to Argue Marijuana Initiative Is Constitutionally Flawed
Opposition to the initiative has extended beyond the attorney general’s office.
Ahead of the signature deadline, Uthmeier joined business and anti-marijuana organizations in urging the Supreme Court to block the measure, describing it as “fatally flawed.”
The Florida Chamber of Commerce, Florida Legal Foundation and former Judge Frank Shepherd filed a joint brief accusing out-of-state interests of exploiting Florida’s citizen initiative process. The chamber has consistently opposed adult-use marijuana legalization, even as its own polling has shown majority voter support for reform.
Criminal Investigations and Political Controversy Add to the High-Stakes Fight
Last month, the attorney general’s office opened dozens of criminal investigations related to the petition drive and issued subpoenas to Smart & Safe Florida and its contractors over alleged fraud.
The campaign has also accused state officials of delaying earlier stages of the ballot review process, arguing that the Supreme Court should have begun reviewing the initiative months earlier after an initial signature threshold was met.
The controversy follows the defeat of a prior version of the legalization measure in 2024, which won a majority of votes but failed to meet Florida’s 60 percent approval requirement for constitutional amendments. That earlier initiative was vocally opposed by Gov. Ron DeSantis (R), despite receiving an endorsement from then-President Donald Trump.
Revised Marijuana Proposal Aims to Address Past Criticism as Public Support Remains Strong
Smart & Safe Florida filed the current initiative just months after the 2024 loss, incorporating revisions intended to address objections raised by opponents.
The proposal explicitly bans smoking and vaping marijuana in public places and requires legislative approval of rules governing the time, place and manner of public consumption.
Despite the legal uncertainty, polling continues to show strong public support. A survey released last year found 67 percent of Florida voters favored legalization, including majorities of Democrats, independents and Republicans. A separate poll from a Trump-affiliated research firm found nearly nine in 10 voters believe Floridians should have the right to decide the issue at the ballot box.
For now, the fate of the initiative rests with the Florida Supreme Court—and whether it agrees to dismiss the case or continue reviewing a proposal still entangled in unresolved legal challenges.
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