Florida’s Bid for Adult-Use Marijuana Legalization Hits Roadblock
A significant setback has been dealt to the campaign for adult-use marijuana legalization in Florida, as a state judge ruled that over 200,000 signatures collected in support of the initiative are invalid. The decision, handed down by Leon County Circuit Judge John Cooper on Friday, jeopardizes the chances of the Smart & Safe Florida campaign to get the issue on the ballot and is seen as a major victory for the administration of Governor Ron DeSantis, a long-time opponent of legalized cannabis.
The ruling erases approximately one-third of the 675,307 signatures collected by the campaign, leaving them with a significant challenge to gather the required 880,000 signatures by the February 1 deadline. A spokesperson for Smart & Safe has announced that the campaign will appeal the decision, but if it stands, the prospects for adult-use marijuana legalization in Florida in 2026 look increasingly dim.
The controversy centers on the use of an unapproved form by the Smart & Safe campaign, which added a link to its website on the back of the petition. The state claimed that this constituted a “material change” to the approved layout, rendering the signatures invalid. Judge Cooper agreed, stating that “if one is not using the forms prescribed by the secretary of state, then they are not valid.”
The setback is a significant blow to the efforts of Trulieve Cannabis Corp., the Tallahassee-based multistate operator that has provided nearly all of the $25.8 million in funding for the Smart & Safe campaign to date. Trulieve also backed a failed constitutional amendment in November 2024, which received majority support but fell short of the required 60% threshold to become law.
The campaign now faces a daunting task to collect the remaining signatures needed to meet the deadline, with a new state law requiring the full amendment text on petitions having paused signature processing for 90 days. According to Glenn Burhans, an attorney representing Smart & Safe, the campaign must realistically submit signatures a month before the February 1 deadline to allow for verification, adding to the pressure on the campaign to succeed.
