Florida’s Campaign to Legalize Recreational Marijuana Takes Fight to State Supreme Court
The push to legalize recreational marijuana in Florida has escalated to the state’s highest court, with the campaign Smart & Safe Florida filing a lawsuit against the DeSantis administration. The group alleges that state election officials are deliberately blocking the measure from appearing on the 2026 ballot.
According to the petition, Smart & Safe Florida has collected more than three times the required number of voter signatures to qualify for the ballot. However, state officials have failed to formally confirm this milestone, which is a legally mandated step before the proposed amendment can be reviewed by the state attorney general and ultimately placed on the ballot.
The campaign argues that the state’s failure to confirm the signatures is a “clear legal obligation” and is hindering the democratic process. The lawsuit demands that the Florida Supreme Court order state election officials to confirm the signatures and move the process forward.
This latest development marks a significant escalation in the long-standing conflict between progressive organizers and Governor Ron DeSantis, who has consistently opposed efforts to legalize recreational marijuana and expand abortion rights. In 2024, DeSantis used state funds and his political influence to campaign against a similar ballot measure.
The fight to get recreational marijuana on the ballot is particularly urgent, as the state’s April 1, 2026, deadline for the Supreme Court to review the proposed amendment is rapidly approaching. If the measure fails to make it onto the ballot, it will likely be delayed until 2028, according to a recent campaign announcement.
Florida has a history of using the citizens’ ballot initiative process to advance progressive policies, including raising the minimum wage and restoring voting rights to individuals with felony convictions. However, a new law signed by DeSantis in May has created new hurdles for these initiatives, making it more difficult for grassroots campaigners to get their measures on the ballot.
The controversy surrounding the campaign has also been fueled by allegations of political interference and manipulation. The foundation of the state welfare initiative, led by First Lady Casey DeSantis, donated $10 million to two nonprofits, which in turn gave millions to a political committee that campaigned against the failed 2024 ballot measure on recreational marijuana. The committee was chaired by the governor’s then-chief of staff, James Uthmeier, who is now the state’s attorney general.
The outcome of the lawsuit will have significant implications for the future of recreational marijuana in Florida and the state’s democratic process.
