Florida Recreational Cannabis Legalization Campaign Clears Signature Threshold, But Faces Legal and Political Headwinds

Smart & Safe Florida Surpasses Petition Requirement, Sending Adult-Use Cannabis Measure to State Supreme Court for Review

A renewed campaign to legalize recreational marijuana in Florida has officially crossed a major threshold, submitting enough valid signatures to the state Division of Elections to qualify for state Supreme Court review. The group behind the effort, Smart & Safe Florida, has delivered more than 377,000 verified petition signatures, surpassing the number required to initiate judicial scrutiny of its proposed ballot language.

This milestone marks the campaign’s latest push to secure a spot on the 2026 general election ballot after its initial effort failed to secure passage in 2024. However, clearing the signature hurdle is only the beginning of what’s expected to be a contentious and legally fraught path to full legalization.

State Supreme Court Review Will Determine Whether Initiative Moves Forward Toward 2026 Ballot Placement

In accordance with Florida law, all citizen-led ballot initiatives must undergo a review by the Florida Supreme Court to ensure the proposed amendment complies with constitutional requirements—particularly the “single subject” rule, which prohibits ballot measures from addressing multiple unrelated issues.

The court’s ruling will determine whether voters will get a second chance to weigh in on adult-use marijuana in the next election cycle. A favorable decision would allow the initiative to proceed toward placement on the November 2026 ballot, provided it also meets geographic signature distribution requirements across congressional districts.

New DeSantis-Backed Law Could Undermine Future Ballot Efforts Through Signature Restrictions and Residency Rules

Even as the legalization campaign moves into the judicial phase, new laws signed by Governor Ron DeSantis in May have added further obstacles for citizen-led initiatives. One of the most controversial provisions requires all signature gatherers to be Florida residents—a move critics say will shrink the pool of workers available to collect petitions, especially for large-scale efforts like Smart & Safe Florida’s.

Attorneys for the campaign filed a federal lawsuit in May, seeking a partial injunction to block the residency requirement on constitutional grounds. But in early June, U.S. District Chief Judge Mark Walker upheld most elements of the new law, dealing a setback to those hoping for federal intervention.

Legal experts warn that the law could have chilling effects not only on marijuana-related initiatives, but on any grassroots campaign attempting to amend Florida’s Constitution via citizen petition.

State Officials Signal Resistance With Fines and Prior Legal Opposition as Campaign Faces Political Scrutiny

Even before the Florida Supreme Court rules on the ballot language, the Smart & Safe Florida campaign is facing increasing resistance from state officials. In April, Florida’s Division of Elections fined the campaign more than $121,000 for alleged violations of campaign finance laws, signaling heightened scrutiny and a potentially adversarial posture from election regulators.

This comes after the 2024 adult-use marijuana initiative barely survived a legal challenge led by then-Attorney General Ashley Moody, who argued that the amendment’s language was misleading. Though the Florida Supreme Court ultimately allowed the measure to go before voters, the political climate surrounding the issue remains deeply polarized—especially among high-ranking state Republicans.

It remains to be seen whether Governor DeSantis, who opposed the 2024 campaign, will seek new avenues to block the initiative or limit its impact, should it pass.

Trulieve Continues to Provide Major Financial Support to Legalization Campaign as Industry Eyes Florida’s Market Potential

Smart & Safe Florida’s campaign has once again received substantial backing from Trulieve Cannabis Corp., Florida’s largest medical marijuana provider and one of the dominant players in the national cannabis industry. According to campaign finance disclosures, Trulieve has contributed more than $19.6 million to the effort so far—far outpacing any other donors.

With Florida home to the largest medical marijuana-only market in the United States, industry stakeholders see enormous upside in expanding access to adult-use cannabis. Legalization would instantly open one of the country’s largest consumer bases, transforming Florida into a top-tier recreational market alongside California and New York.

For large, vertically integrated companies like Trulieve, early dominance in the medical market translates into a first-mover advantage if adult-use sales are legalized under a framework that privileges existing license holders.

Equity Concerns and Market Structure Debates Remain Unaddressed in Current Amendment Proposal

One notable absence in the current campaign is any significant language addressing social equity, criminal record expungement, or the creation of new licenses for independent operators. As it stands, the proposed amendment would primarily benefit existing medical marijuana treatment centers by permitting them to expand into adult-use sales.

This approach has drawn criticism from advocates who argue that a meaningful legalization framework should include restorative justice for those harmed by prior cannabis enforcement policies and should open market opportunities to communities historically excluded from the industry.

With no provisions for new license categories, small businesses, or home cultivation, the current measure has fueled concerns that legalization in Florida could reinforce existing market concentration rather than democratize access to the cannabis economy.

Next Steps Include Supreme Court Ruling and Potential Voter Campaign as 60% Approval Threshold Looms

If the Florida Supreme Court approves the measure, Smart & Safe Florida will move into full campaign mode ahead of the 2026 election, where the measure must receive at least 60% of the vote to pass—a higher bar than in many other states.

Achieving that supermajority will require not just industry funding, but broad-based voter education and turnout. The campaign will need to navigate a divided political landscape, overcome opposition messaging, and potentially defend itself from further legislative or regulatory interference.

With its financial muscle and organizational experience, the Smart & Safe campaign is well-positioned to make a serious push. But the legal and political terrain remains unpredictable and any path to legalization in Florida is far from guaranteed.