Florida Cannabis Legalization Campaign Sues State Over ‘Nonsensical’ Ballot Review Delay

A Florida campaign working to put a marijuana legalization initiative on the 2026 ballot has filed a lawsuit with the state Supreme Court, alleging that officials are violating election laws by stalling a required review process without justification.

Smart & Safe Florida Files Supreme Court Petition to Compel Action

The campaign group Smart & Safe Florida filed a petition for writ of mandamus on Thursday, arguing that the secretary of state has failed to comply with a legal requirement to “immediately submit” a notice to the attorney general after verifying enough signatures to trigger a fiscal and legal review.

So far, 662,543 signatures have been verified — three times the 220,016 required to initiate the process. The campaign says it reached that threshold over the summer and formally notified officials but has received no response from the state.

Campaign Calls Delay “Nonsensical” and Contrary to Law

“It is nonsensical, and contrary to the express constitutional and statutory mandates, to allow the Secretary [of State] and Director [of the Division of Elections] to indefinitely refuse to issue the Section 15.21 Letter and frustrate the constitutional order,” the filing says.

The Section 15.21 Letter refers to the notification that must be sent to the attorney general once the campaign reaches the threshold of verified petitions. The campaign argues the delay defies Florida law and prevents the measure from advancing to the next stage of review.

Smart & Safe Florida Points to Broader Pattern of State Obstruction

Attorneys for Smart & Safe Florida note that the group is also involved in other litigation related to what they call unlawful state interference with their petitions.

Officials have claimed that roughly 200,000 voter signatures are invalid because the petitions allegedly did not include the full text of the proposed initiative — a claim the campaign strongly disputes.

“In that light, perhaps the Respondents speculate that the Secretary’s Directive might ultimately result in the invalidation of a sufficient number of Petitions,” the filing states, calling such assumptions “dubious at best” since Smart & Safe has gathered well over the required number of verified signatures.

Campaign Argues Secretary Has a Clear Legal Duty

The petition insists that the secretary’s office is legally obligated to issue the letter regardless of pending disputes, emphasizing that the statutory requirements have been met.

“The Secretary and Director appear to be withholding the Section 15.21 Letter in hopes that county supervisors’ compliance with the Secretary’s Directive might result in the Petition falling below the statutory threshold,” the campaign argues. “There is no source of law that grants Respondents this authority.”

Lawsuit Seeks to Force Compliance With Election Law

The campaign says the purpose of the lawsuit is to compel Florida’s Secretary of State to follow the law and perform his mandatory duty to advance the ballot initiative for Supreme Court review.

“Florida law clearly and unequivocally states that once a statewide ballot initiative has gathered more than 25 percent of the required signatures, the Secretary of State must begin the process of Supreme Court review,” Smart & Safe Florida said in a statement. “For reasons unknown, this has not happened, and we are asking the court to intervene.”

Ongoing Legal Disputes Over Signature Validity

The state’s argument that the petitions are invalid traces back to a cease-and-desist letter sent in March, warning Smart & Safe Florida about its interpretation of the petition requirements.

This dispute follows the campaign’s previous ballot effort in 2024, which passed with a majority but fell short of Florida’s 60 percent threshold for constitutional amendments.

Federal Court Previously Ruled in Favor of Smart & Safe Florida

In August, a federal judge granted Smart & Safe Florida “complete relief” from certain provisions of a law signed by Gov. Ron DeSantis (R) that imposed additional restrictions on signature gathering.

Although not targeted specifically at cannabis reform, the law prevented non-residents and non-citizens from collecting signatures for ballot measures — a move that advocates said would severely hinder citizen initiatives.

Political Tensions Mount Over Ballot Initiative Funding

Earlier this year, two Democratic members of Congress from Florida called on the federal government to investigate what they described as the “potentially unlawful diversion” of state Medicaid funds to groups tied to DeSantis that fought against marijuana reform.

They allege that a $10 million donation from a state legal settlement was funneled into political nonprofits that financed a campaign opposing Amendment 3, the 2024 legalization proposal.

Governor DeSantis Predicts Legalization Measure Is in “Big Time Trouble”

Governor DeSantis has publicly dismissed the new legalization effort, predicting that it faces “big time trouble” in the Florida Supreme Court.

“There’s a lot of different perspectives on marijuana,” DeSantis said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back to candidates that you believe will deliver what your vision is.”

Smart & Safe Florida Adjusts Its Strategy for 2026 Ballot

Following the narrow 2024 defeat, Smart & Safe Florida refiled its revised initiative earlier this year. The new version includes tighter language to address previous criticisms including an explicit ban on public smoking and vaping and a requirement for the legislature to regulate time, place, and manner of public consumption.

The campaign continues to receive strong backing from industry stakeholders, notably Trulieve, one of the largest multi-state cannabis operators in the U.S.

Public Opinion Shows Strong Support Despite Political Resistance

Polling in 2025 shows that 67 percent of Florida voters support legalization — including 82 percent of Democrats, 66 percent of independents, and 55 percent of Republicans.

However, the Florida Chamber of Commerce, a leading opponent of legalization, released a poll showing only 53 percent support among likely voters — short of the 60 percent required for constitutional approval.

Ongoing Policy Shifts Affecting Medical Marijuana Patients

Meanwhile, the Florida Department of Health has begun revoking medical marijuana registrations for patients and caregivers with drug-related criminal records, under a law signed by DeSantis earlier this year.

The measure directs the state to cancel registrations of anyone convicted of or pleading guilty to criminal drug charges, marking a significant shift in the state’s medical cannabis policy.

The Road Ahead for Florida’s Legalization Campaign

As legal challenges mount and political scrutiny intensifies, the Smart & Safe Florida campaign faces an uphill battle not only to get the initiative on the ballot but also to overcome Florida’s supermajority requirement for passage.

Still, with strong voter support and a renewed legal strategy, the campaign’s lawsuit may prove pivotal in determining whether Florida voters will get another chance to decide on cannabis legalization in 2026.